Questions : Select the best answer to each question. Note that a question and its answers may be split across a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.

1. A _______ trust is one that's created by a will.

A. conveyance in
B. living
C. testamentary
D. declaration of

2. Tom gives Samuel permission to move into a vacant house that Tom owns and live there without paying rent. Samuel lives there for 20 years, acting like the owner and making improvements to the house. Samuel now asserts that he is the owner. Which of the following statements is true?

A. Samuel has become a co-owner with Tom.
B. Samuel is the owner if the requisite period for adverse possession is 20 years.
C. Samuel isn't the owner.
D. Samuel is the owner if the use was continuous for the requisite period.

3. Tom contracts to purchase Elmer's house. Elmer has a vegetable garden in his backyard. After the closing, Tom arrives to move in and sees Elmer pick a tomato from the vegetable garden and put it in his pocket. Tom protests, claiming that the tomato is part of the real estate Tom purchased from Elmer. Which of the following statements is true?

A. The tomato belongs to Tom if it's an annual crop.
B. Elmer and Tom must divide the tomatoes equally.
C. The tomato belongs to Elmer if it's an annual crop.
D. The tomato belongs to Elmer if it's a perennial crop.

4. Terry takes her coat to Dick's dry cleaners to be cleaned. While being cleaned, the coat is damaged. Terry sues Dick for damages. To prevail Terry must prove that Dick

A. failed to exercise at least slight care.
B. failed to exercise reasonable care.
C. wasn't negligent.
D. was grossly negligent.

5. Mildred deeded property to her daughter, Victoria. The deed explicitly stated that Mildred would remain the owner of the property for the remainder of her life and that at her death, Victoria would become the owner of the property. What type of possessory interest does Mildred possess after the transaction?

A. Easement appurtenant
B. Life estate
C. Remainder
D. Fee simple absolute

6. Tom contracts to purchase Elmer's house. A chandelier in the hallway is one of the features Tom likes about the house. After the closing, Tom arrives at the house, discovers Elmer in the process of removing the chandelier, and demands that Elmer stop because the chandelier now belongs to Tom. Which of the following are not relevant to determining ownership of the chandelier?

A. Whether the chandelier can be removed without damage to the real estate
B. The value of the chandelier in proportion to the value of the real estate as a whole
C. Whether the chandelier has been adapted to the intended use of the house
D. Whether there was a temporary or permanent installation of the chandelier at Elmer's house

7. Elmer is a tenant in possession, but his possession is wrongful. Elmer has a

A. tenancy at sufferance.
B. tenancy for years.
C. tenancy at will.
D. periodic tenancy.

8. An airplane flies 3,000 feet over Elmer's property. Elmer sues the airline, claiming that trespass has occurred. Which of the following statements is true?

A. If the airplane was visible from Elmer's property, trespass has occurred.
B. Trespass hasn't occurred because no one stepped on ground owned by Elmer.
C. Trespass has occurred because Elmer owns the air up to 5,000 feet.
D. Trespass hasn't occurred because the plane was 3,000 feet high.

9. Elmer acquired real property from his mother as a gift while mother was alive. Elmer is his mother's only living child. Elmer acquired the property by

A. deed.
B. will.
C. descent.
D. adverse possession.

10. Tom has the right to use property temporarily and also has a present possessory estate. The interest Tom owns is

A. license.
B. lodging.
C. both leasehold and lodging.
D. leasehold.

11. Landlord rents to tenant and requires a $750 security deposit. In most states, which of the following statements is true?

A. The security deposit must be deposited in a separate account and not commingled with the landlord's personal funds.
B. The security deposit must be kept in the tenant's personal checking account.
C. The security deposit may be deposited in the landlord's personal checking account, but the account balance must never
fall below $750.
D. The landlord may spend the security deposit for his own use.

12. Anyone owning real property outright, or forever, is said to have a/an

A. remainder estate.
B. estate in fee simple.
C. life estate.
D. reversion estate.

13. Bob rents from Sally and would like to assign his rights to Fred. Which of the following statements is true?

A. Bob may not do so if the lease prohibits it without Sally's permission.
B. Bob may do so if Sally withholds reasonable permission.
C. Bob may do so without explicit assignment from the lease.
D. Bob may not do so if the lease doesn't address assignment.

14. What is an advance directive?

A. It gives instructions to an executor or administrator regarding settling the estate.
B. It states what a person wants to happen to his or her property on death.
C. It directs a trustee regarding administration of property for a child.
D. It gives medical care instructions if a person is incapable of giving instructions.

15. Bart conveys real property to Ginny. Ginny later learns that Bart owned no interest in the property. Ginny sues Bart for damage. Ginny will win unless the deed was a __________ deed.

A. general warranty
B. warranty
C. quitclaim
D. special warranty

16. Sally has a right of way to cross Bob's property to get access to her own property. Which of the following statements is true?

A. Sally has the dominant tenement because she enjoys the easement.
B. Bob owns an easement.
C. Bob has the dominant tenement because he enjoys the easement.
D. Sally and Bob both own an easement.

17. The county wishes to build a public road across land that belongs to Bob. Which of the following statements is true?

A. Bob must sell to the county, but only if the price suits Bob.
B. The county may take the land for a public purpose but must compensate Bob.
C. The county may take the land without compensation because it's doing so for a public purpose.
D. The county must negotiate with Bob and persuade him to sell.

18. Elmer leases property that has a fixed-period tenancy that continues for successive periods until one of the parties terminates it by giving notice to the other party. Elmer has a

A. periodic tenancy.
B. tenancy at sufferance.
C. tenancy for years.
D. tenancy at will.

19. Leopold owns 100 acres in a remote place that he rarely visits. One day, Kate sets up camp in the middle of the 100 acres and ends up living on the land and using the land for her provisions for 15 years. If it's found that Kate owns this land due, it's most likely due to

A. adverse possession.
B. inheritance.
C. warranty deed.
D. quitclaim deed.

20. Bazel and Bennie own several investment properties together. Each of the properties was deeded so on the death of either Bazel or Bennie, each individual's share will pass to the deceased's heirs. What type of ownership do Bazel and Bennie possess in the investment property?

A. Joint tenancy
B. Tenancy in common
C. Community property
D. Tenancy by the entirety