Adverse Possession
To acquire title by adverse possession, the possession must be all of the following EXCEPT:
A. Open and notorious
B. Exclusive
C. Based on permission
D. Continuous
C. Based on permission
An easement is best defined as:
A. A temporary license to enter land
B. A nonpossessory right to use another’s land
C. A transfer of full ownership
D. A future interest in land
B. A nonpossessory right to use another’s land
A leasehold estate is:
A. A permanent ownership interest in land
B. A nonpossessory right to use land
C. A possessory interest in land for a limited time
D. A future interest in land
C. A possessory interest in land for a limited time
O conveys Blackacre “to A and her heirs.” What type of estate does A have?
A. Life estate
B. Fee simple absolute
C. Fee tail
D. Leasehold
B. Fee simple absolute
Peter and Quinn are co-tenants of Greenacre. Peter lives on the property alone. He pays the full mortgage ($1,500 principal, $500 interest per month), property taxes, and $10,000 to replace the roof. Quinn does not live on the property and does not contribute to any expenses.
Which statement is correct regarding Quinn’s obligations?
A. Quinn must reimburse Peter for all mortgage payments and the roof replacement.
B. Quinn must reimburse Peter only for the interest portion of the mortgage, property taxes, and the roof replacement if it was necessary.
C. Quinn has no obligation because she does not occupy the property.
D. Quinn must reimburse Peter for principal only, not interest, taxes, or repairs.
B. Quinn must reimburse Peter only for the interest portion of the mortgage, property taxes, and the roof replacement if it was necessary.
Tacking allows a possessor to add a predecessor's time ONLY IF:
A. They both paid property taxes
B. They are in privity
C. The land is rural
D. The use is for the same purpose
B. They are in privity
F’s property is landlocked. For 25 years, F has used a visible dirt path across G’s land to reach the main road. G never gave permission and never objected. Statutory period: 20 years.
What does F likely have?
A. A license
B. An easement by prescription
C. An easement by necessity
D. No rights because the use was not exclusive
B. An easement by prescription
Which of the following terminates a tenancy at will?
A. Death of either party
B. Expiration of the lease term
C. The landlord selling the property
D. Payment of rent
A. Death of either party
O conveys Whiteacre “to B, but if the land is ever used for commercial purposes, O may re-enter and reclaim the land.”
What type of estate does B have?
A. Fee simple absolute
B. Fee simple determinable
C. Fee simple subject to condition subsequent
D. Life estate
C. Fee simple subject to condition subsequent
O conveys Blackacre “to A and her heirs, but A may never sell or transfer the property.”
Which statement is correct?
A. The conveyance creates a life estate for A, with the remainder to O.
B. A can only transfer the property to family members.
C. The restriction is void as a complete restraint on alienation, and A can freely transfer the property.
D. A holds a valid fee simple absolute because courts favor free alienation of land.
C. The restriction is void as a complete restraint on alienation, and A can freely transfer the property.
For 16 years, L occupied and fenced a piece of land she believed she owned, based on a deed that mistakenly described the wrong lot. During those 16 years, L planted trees, built a shed, maintained the property, and excluded others. The true owner, R, never entered the land and did not attempt to use it. The statutory period is 15 years.
Which statement best shows whether L’s possession was exclusive?
A. Not exclusive, because R never gave L permission to use the land.
B. Exclusive, because L used the land as an average owner would and kept others off it.
C. Not exclusive, because L’s belief about the deed was mistaken.
D. Exclusive, because L paid taxes on the property for the entire 16 years.
B. Exclusive, because L used the land as an average owner would and kept others off it.
O owns a house and leases it to T. T installs:
A built-in bookcase screwed into the wall.
Freestanding furniture like a sofa and bookshelf.
A custom chandelier bolted to the ceiling.
When the lease ends, T wants to remove some of these items.
Which statement is correct?
A. T can remove the built-in bookcase, freestanding furniture, and chandelier without issue.
B. T can remove the freestanding furniture, but the built-in bookcase and chandelier are likely fixtures that cannot be removed.
C. T cannot remove anything because all improvements belong to the landlord.
D. T can remove the chandelier but not the built-in bookcase or freestanding furniture.
B. T can remove the freestanding furniture, but the built-in bookcase and chandelier are likely fixtures that cannot be removed.
L leases an apartment to T for 12 months. When the 12-month lease ends, T continues living in the apartment and pays rent each month, which L accepts without signing a new lease.
What type of tenancy does T now have?
A. Tenancy at will
B. Periodic tenancy
C. Tenancy for years
D. Tenancy at sufferance
B. Periodic tenancy
O conveys Greenacre “to C for life, then to D.” What is D’s interest called?
A. Life estate
B. Reversion
C. Vested remainder
D. Contingent remainder
C. Vested remainder
O conveys Whiteacre “to A for life, then to B for life, then to C and her heirs if C graduates from law school.”
Which statement is correct regarding the Rule Against Perpetuities?
A. The Rule Against Perpetuities invalidates C’s interest because it may vest too far in the future.
B. The RAP does not apply to C’s interest because C’s is a contingent remainder.
C. The RAP does not apply to B’s interest because it is a vested remainder or life estate.
D. The RAP applies to all future interests, so both B and C could be invalid.
C. The RAP does not apply to B’s interest because it is a vested remainder or life estate.
H occupies a vacant field for 20 years. She camps on it every summer, stores equipment there year-round, and no one else uses the land. The statutory period is 15 years.
Is H’s possession “continuous”?
A. Yes, because seasonal use can satisfy continuity if it matches typical use of that type of property
B. No, because H was not on the land every day
C. No, because H shared the field with others
D. Yes, but only if she paid taxes
Yes, because seasonal use can satisfy continuity if it matches typical use of that type of property
A landlord lives in one unit of her four-unit building and rents out the others. A wheelchair user applies for a ground-floor unit. The landlord rejects the applicant, saying she doesn’t want tenants who “need special accommodations,” and rents to someone else. The applicant files an FHA complaint.
Which of the following best describes the landlord’s liability under the FHA?
A. The landlord is not liable because the building has four or fewer units and she lives in one of them.
B. The landlord is liable because disability discrimination is never covered by the FHA exemption.
C. The landlord is not liable because the FHA permits consideration of maintenance burdens.
D. The landlord is liable because advertising the unit online removes the four-unit owner-occupied exemption.
A. The landlord is not liable because the building has four or fewer units and she lives in one of them.
L leases a residential apartment to T. The lease states that T must maintain the premises in good condition. During a heavy rainstorm, the ceiling in T’s bedroom leaks due to a defective roof that L failed to repair despite multiple complaints. At the same time, the bathroom tiles are cracked and discolored from normal wear over the years. T hires a contractor to fix the ceiling and deducts the cost from rent.
Which statement is correct?
A. T cannot deduct repair costs for the ceiling because tenants are always responsible for maintenance.
B. T can deduct costs for the ceiling repair because L breached the implied warranty of habitability, but cannot claim for the bathroom tiles because ordinary wear is not covered.
C. T can withhold rent for any repairs, including cracked bathroom tiles.
D. T has no remedy and must pay all rent and repair costs.
B. T can deduct costs for the ceiling repair because L breached the implied warranty of habitability, but cannot claim for the bathroom tiles because ordinary wear is not covered.
O conveys Blueacre “to E for life, then to F if F graduates from law school.”
What type of future interest does F hold?
A. Vested remainder
B. Contingent remainder
C. Reversion
D. Executory interest
B. Contingent remainder
L leases an apartment to T. Shortly after moving in, T discovers that:
The heating system does not work in winter.
The air conditioning is broken in summer.
The ceiling leaks when it rains.
The carpet in the living room is worn and stained.
T notifies L multiple times, but L only fixes the air conditioning. T stops paying rent until repairs are made.
Which statement is correct?
A. T may withhold rent for all issues because the landlord must ensure perfect conditions.
B. T cannot withhold rent because some problems are cosmetic.
C. T must repair everything herself, including the carpet, before withholding rent.
D. T may withhold rent and sue for the broken heating system and leaking ceiling, but not for the carpet or air conditioning if it is not required for habitability.
D. T may withhold rent and sue for the broken heating system and leaking ceiling, but not for the carpet or air conditioning if it is not required for habitability.
P has lived in and maintained a cottage on a wooded lot for 18 years, believing it belonged to her aunt based on old family notes. She repaired the roof, built a deck, and rented the cottage each summer. In reality, the lot belonged to C, a distant relative who never inspected it. In year 18, C emails P saying he “just discovered someone is living there” and wants to discuss arrangements. P replies: “This is my property.” The statutory period is 17 years.
What is the likely result?
A. P cannot acquire title because renting the cottage defeats exclusivity.
B. P cannot acquire title because her belief came from informal family notes.
C. P acquires title because she occupied the property under a claim of right for the full statutory period.
D. P cannot acquire title because C objected once he learned of her presence.
C. P acquires title because she occupied the property under a claim of right for the full statutory period.
For 25 years, N has openly used a narrow path across O’s farmland to access the main road. N never had O’s permission, and the path is visible and obvious. O never objected or interfered. The statutory period for prescriptive easements in the jurisdiction is 20 years.
What is N’s legal right regarding the path?
A. N has a prescriptive easement, giving a nonpossessory right to continue using the path.
B. N has acquired ownership of the portion of O’s land containing the path.
C. N has no rights because the path is too narrow to count as adverse use.
D. N only has a license, which O can revoke at any time.
What is M’s strongest claim?
A. Easement by necessity, because the garage requires driveway access
B. Prescriptive easement, because M used the driveway for 15 years
C. Easement by estoppel, because M relied on D’s assurances and invested in improvements
D. No easement, because oral promises cannot create property interests
A. N has a prescriptive easement, giving a nonpossessory right to continue using the path.
T leases an apartment from L for 3 years. After one year, T assigns the remaining lease to S. S pays rent directly to L for two months, and L accepts the payments. S then stops paying rent. L sues for unpaid rent.
Who is liable for the unpaid rent?
A. Only S, because S agreed to pay rent directly to L.
B. Only T, because T originally signed the lease.
C. Both T and S, because T remains liable under the original lease and S occupied the apartment.
D. Neither, because L accepted some payments from S.
C. Both T and S, because T remains liable under the original lease and S occupied the apartment.
O conveys Blackacre “to A, but if A ever uses the property for commercial purposes, then to B and her heirs.”
Which statement is correct?
A. A has a fee simple absolute and B has no interest.
B. A has a fee simple subject to condition subsequent, and B has a right of entry.
C. A has a fee simple determinable, and B has a shifting executory interest.
D. A has a life estate, and B has a vested remainder.
C. A has a fee simple determinable, and B has a shifting executory interest.
L leases a property to two tenants:
R, a residential tenant, rents an apartment.
C, a commercial tenant, rents a storefront.
During the lease, the heating system fails in R’s apartment, and water leaks from the ceiling. In C’s storefront, a broken window lets in rain during storms.
Which statement is correct?
A. Neither tenant can withhold rent because the landlord must repair before withholding is allowed.
B. Only C can withhold rent because commercial properties are strictly regulated.
C. R can withhold rent under the implied warranty of habitability, but C generally cannot because commercial leases do not include this implied warranty unless agreed.
D. Both R and C can withhold rent because landlords must ensure habitability and safety in all leases.
C. R can withhold rent under the implied warranty of habitability, but C generally cannot because commercial leases do not include this implied warranty unless agreed.