Sample Questions #4

1. In 1991, Roy Martin and his wife, Alice; their son, Hiram; and Hiram’s wife, Myrna, acquired title to a 240 acre farm.  The deed ran to Roy Martin and Alice Martin, the father and mother, as joint tenants with the right of survivorship, and to Hiram Martin and Myrna Martin, the son and his wife, as joint tenants with the right of survivorship.  Alice Martin died in 1996, Roy Martin married Agnes Martin.  By his will Roy Martin bequeathed and devised his entire estate to Agnes Martin.  When Roy Martin died in 2001, Hiram and Myrna Martin assumed complete control of the farm.  State the interest in the farm, if any, of Agnes, Hiram, and Myrna Martin on the death of Roy Martin. Please discuss.

 2. In her will, Teressa granted a life estate to Amos in certain real estate with the remainder to Brenda and Clive in joint tenancy.  All the rest of Teressa’s estate was left to Hillman College.  While going to Teressa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked.  Brenda was killed, Clive died a few minutes later, and Amos died on his way to the hospital.  Who is entitled to the real estate in question?  Please discuss.

3. At the time of his marriage to Ann, Robert owned several parcels of real estate in joint tenancy with his brother, Sam.  During his marriage, Robert purchased a house and put the title in his name and his wife’s name as joint tenants, not as tenants in common.  Robert died; within a month of his death, Smith obtained a judgment against Robert’s estate.  What are the relative rights of Sam, Smith and Ann?  Please discuss.

ANSWERS:

Question 1. 

The crucial point in answering this question is to decide whether a single joint tenancy which included all four people or a joint tenancy involving the mother and father and a second joint tenancy involving the son and his wife were created.  

The description of the joint tenancy gives us the answer:  to Roy Martin and Alice Martin, the father and mother, as joint tenants with the right of survivorship, and to Hiram Martin and Myrna Martin, the son and his wife, as joint tenants with the right of survivorship.

The language specifically describes a joint tenancy involving Roy and Alice and a second joint tenancy involving Hiram and Myrna. 

When Alice Martin died, Roy Martin inherited her share of the property that he held in joint tenancy with her.  He now owned an undivided half of the property by himself.  His son and his wife owned the other half as joint tenants.  When Roy died, he had the right to pass onto to Agnes, his interest in the property.  Agnes now owns half of the property.

Question 2. 

The key to answering this question is to analyze the estate and future interest that Teresa created. 

The facts tell us that Teresa gave a life estate to Amos with the remainder to Brenda and Clive as joint tenants. 

The remainder is a vested remainder since we know that Brenda and Clive were given the  future interest,  no one else may be included in the class with them, and there are no conditions.  The remainder was given to Brenda and Clive in joint tenancy.  Since this is a vested remainder, the property will not go back to Teresa.  This should tell us that the property will be inherited by Brenda or Clive or Brenda and Clive or their heirs. 

When Brenda died, Clive inherited all of her interest in the real property (because he and Brenda owned the property as joint tenants).  At this point, the conveyance of the property from Teresa became:   A life estate to Amos with the remainder to Clive. 

When Clive died, the conveyance now became:  A life estate to Amos with the remainder to Clive’s estate. 

When Amos died, the property will now be distributed to Clive’s heirs.

Several students mentioned the simultaneous death act in their answers.  This is a law or legal concept which is used when joint tenancy holders die at the same time or nearly at the same time and it is difficult to determine who died first.  As was shown in this particular homework assignment, the order in which Brenda and Clive died made a huge difference in who would ultimately receive the estate. 

In cases where it is not clear which joint tenancy holder died first, the simultaneous death act assumes that both died at the same time.  In the homework assignment, it was clearly stated that Brenda died first and then Clive died.

Question 3. 

Robert owned property with his brother Sam as joint tenants.  He also owned property with his wife Ann as joint tenants.  Upon Robert’s death, Sam became the sole owner of the property he previously owned with Robert.  Ann also became the sole owner of the property she previously owned with Robert. 

As for Smith, he was Robert’s creditor, but he did not become a creditor until after Robert’s death and after the properties Robert held in joint tenancy with his brother and his wife had already been consolidated.  As a result, the properties currently held solely by Sam and Ann are beyond Smith’s reach.  

Sample Quiz #2

1. True/False: Brad saw his classmate Joan sleeping outside the class and kissed her. Brad is guilty of
battery.

True. Battery is the crime and tort of unpermitted touching. Since Brad kissed Joan without securing
her permission, battery was committed. Although the fact situation does not indicate this, if there were
a close relationship between the two so that permission to kiss was implied by this relationship, battery
would not have been committed.


2. True/False: The same act can be both a tort and a criminal violation.

True. Question #1 is a good example. Battery can be both a tort and a criminal law violation.


3. Bill was walking by the ocean when he heard a drowning man cry out for help. Bill is legally required
to help if/because:

a. Bill is able to do so.
b. It is the right thing to do.
c. Bill has started to help the person.
d. All of the above.
e. Two of the above.

Answer (c) is correct. Unless a relationship exists between Bill and the drowning man that would create
a legal duty to act, Bill is under no obligation to help, but once he starts to rescue the person, he is
legally obligated to continue.


4. True/False: A true statement of a highly personal nature made to embarrass someone could be
defamation of character.

False. The statement must be false in order for the tort of defamation of character to be committed.


5. True/False: Tim and his friend are playing catch in the backyard when Tim threw the ball over the
fence into the neighbor’s yard where it breaks a window. This is trespass to real property even if Tim
himself does not go onto the property to get the ball

True. Trespass is committed when a person enters or throws something onto the property of another
without permission.

6. True/False: The tort of intentional infliction of emotional distress will protect someone from abusive
language.

False. In order for this tort to be committed, the behavior must be truly outrageous.  7. Individuals may use reasonable force to protect themselves, others, and their property. Identify the
accurate statements:

a. Use of deadly force is reasonable to protect property.
b. Deadly force is never reasonable to protect property.
c. Use of deadly force is reasonable if an attack threatens the victim with the immediate use of deadly
force.
d. (a) and (c)
e. (b) and (c)

Answer (a) is not correct. Deadly force cannot be used to protect property. For this reason, answer (b)
is true. Answer (c) is also true. If a person is in immediate fear of someone using deadly force upon him
or her, he or she may use deadly force in his or her defense. Answer (e) is the correct answer.


8. The doctrine of Res Ipsa Loquitur would permit the court to infer negligence in which of the following
situations:

a. A bus hits your car.
b. A ladder collapses on your foot.
c. A light bulb explodes and cuts your eyes while picking up the bulb.
d. A can of peas fell off the shelf and hits your foot.

Answers (a,b,d) are not correct because these accidents could result from negligent or non-negligent
causes. Answer (c) is correct. A light bulb should not explode just because it was being picked up
unless there was some negligence involved.


9. Which of the following can be raised as a defense to a claim of defamation?

a. That the statement that was made was true.
b. That there was a constitutional privilege to comment about the plaintiff and that the statement was
made without malice.
c. That there was a conditional privilege to comment on the matter alleged to be defamatory.
d. All of the above.
e. Two of the above.

The correct answer is all of the above. 


 10. True/False. Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep.
At 2 am, the security guard locks the building. Sam awakens the next morning when the cleaning crew
opens the door. Sam can sue for false imprisonment.

False. There was no intent to detain Sam unlawfully.

 11. In an article about the death of a prominent judge, a newspaper indicated the possibility that the
judge may have had Mafia connections. The judge’s family sues. The family:

a. Will likely win if the suit is for defamation.
b. Will likely win an intrusion suit
c. Will likely win a public disclosure of private facts suit.
d. Will likely lose.

Answer (a) is incorrect because a dead person cannot sue for defamation of character. Answer (b) is
incorrect because the fact situation does not indicate that an invasion of privacy took place. Answer (c)
is incorrect because the fact situation does not indicate any unauthorized disclosure of a private fact.
Answer (d) is correct. 


12. A tort violation may be committed:
a. Intentionally
b. Negligently
c, Without fault
d. In all of the above ways.
e. Two of the above.

The correct answer is (d). In all of the above ways.


13. True/False: A private citizen, sees B and C bending over a dead person, D. B and C accuse each
other of murdering D. A is not sure who killed D, but he has a reasonable suspicion that either B or C did
it. If A arrests B, A will be liable if it turns out C was the murderer.

False. In this situation, it is reasonable to assume that either B or C or both committed the murder.
Since this assumption is reasonable, A would not be liable if B did not commit the act.


14. True/False: Jack sold his home in San Francisco to Lauren with closing in 20 days. The house was
totally destroyed on day 8. At the time for closing, Lauren must purchase the property because she
signed a contract to buy

False. In California, the normal rule does not apply. The buyer need not purchase the property unless
the seller permitted the buyer to be on the property prior to Closing.


15. True/False: John gave his land to Mary for life as long as she remains unmarried, but if she marries,
the property will go to Gil. Gil has a remainder because the property goes to a third party rather than
back to the grantor.

False. Gill has an executory interest. This is because the prior estate (Mary’s life estate) does not come
to a natural end.

 16. Bob and his sister, Claudia, can own property by:

a. Tenancy in common
b. Joint tenancy.
c. Any of the above.

The correct answer is (c).


17. True/False: Every purchaser of real property should purchase title insurance because it guarantees
rightful ownership.

False. Title insurance will give to the buyer the purchase price if it turns out the seller did not have the
right to sell the property. It does not guarantee ownership.


18. True/False: In an easement In Gross, the easement will benefit a non-land owner.

True. The easement is held by a person, not attached to a property.


19. When a contract involving a sale of real estate calls for the delivery of the deed in return for the
purchase price on a certain day, this performance is known as:

a. Foreclosure.
b. Warranty deed day.
c. Contract day.
d. Closing.

The correct answer is (d), closing.


20. Adverse possession:

 a. Is an involuntary transfer of title.
 b. Is an illegal transfer of title.
 c. Allows a person a chance to retrieve their mortgage.
 d. None of the above.

The correct answer is (a). It is an involuntary transfer of title in that a third party will be able to claim
the property from the rightful owner.

21. True/False: John gives his land to Jones for life and then to Smith. John must have had some form
of a fee estate.

True. Otherwise, he could not have given a remainder (give all of his interest in the property) to Smith.

22. True/False: T conveys Blackacres to W for life then to James. While W was in possession of the
land, Miller entered, occupied it, improved it, and lived there for twenty five years, far in excess of the
time required to establish adverse possession. Miller is now the owner of the land in fee simple.

False. A person can only acquire through adverse possession what the other person had. W had a life
estate. Miller completed all the requirements to take a life estate in the property by adverse
possession. When W dies, Miller’s life estate will come to an end.


23. True/False: Jack and Jill own half of the property as joint tenants with each other. Betty and Tom
own the other half of the property as joint tenants with each other. Five years later, Betty dies. Five
years after that, Tom dies. Tom’s will leaves everything to his daughter Laura. Jack and Jill will now own
Tom’s share of the property.

False. Jack and Jill only owns half of the property in joint tenancy with each other. They have no legal
interest in the other half of the property.


24. True/False: X gave his apartment building “to Y so long as the building is at least fifty percent
occupied during the next 20 years; but if not so occupied, then to Z” Does Z have an executory interest?

True. The future interest goes to a third party when the condition (the building is at least 50% occupied)
is violated.


25. True/False: Bill gave his property to Rev Miller because Bill believed the reverend was honest and
that he would build a magnificent church on this property. If the reverend refuses to build a church, Bill
will likely receive an injunction forcing the reverend to build the church.

False. The property was conveyed because of a mistaken belief on the part of Bill. The fact situation
does not indicate the existence of a condition or a promise that the reverend would build a church on
the property.


26. True/False: The crime of solicitation cannot be committed if the solicited person refuses to
participate.

False. The target crime need not be committed in order for the crime of solicitation to be committed.
Once the person is solicited, the crime has been committed.


27. True/False. Robbery is the crime of larceny accompanied by force or the threat of force.

True.


 28. A points an unloaded gun at B and threatens to shoot. Unseen by A, C witnesses the threat and
believes A’s gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A.

a. C cannot successfully use the privilege of defense of others because A’s gun was unloaded.
b. C can successfully use the privilege of defense of others because of his reasonable belief at the time
he shot A.
c. One can use deadly force only to protect himself and his immediate family; therefore, C is liable.
d. Deadly force was not being threatened against B and hence C had no right to use deadly force.

The correct answer is (b). C is entitled to come to the defense of A, and under the circumstances as
described, he would be valid in doing so.


29. True/False: For the crime of conspiracy to be committed, an act in furtherance of the conspiracy
must be committed. A perfectly legal act could satisfy this requirement.

True.

30. True/False. In some cases, voluntary intoxication can be a valid defense to a criminal charge.

True. This could happen in specific intent crimes.

Transfer and Control of Real Property

Transfer and Control of Real Property

1. Transfer of real property. Transfer of real property usually takes place in three ways.

a. By deed,
b. By will
c. Adverse possession.

2. Transfer of real property by deed. This is the most common method by which real
property is transferred from one person to another. Usually, the buyer and seller will sign a
contract for the sale of the property, and upon the payment of the purchase price, the deed to
the property is delivered by the seller to the buyer.

a. Contract rules. General contract laws govern the sale of real property.

b. Statute of Frauds. The Statute of Frauds applies to the sale of real property, and most
contracts will have to be evidenced by writing.

c. Marketable title. In a contract for the sale of real property, there is an implied
obligation that marketable title to the real property will be conveyed. Marketable title is a
title that is free from encumbrances (mortgage, easements, leases, etc.), defects in the
chain of title, and adverse possession and exercise of eminent domain.

d. Title search. It is customary for the purchaser of real property to conduct a title search.
This is a search of prior owners of the property to make sure that the current seller is
indeed the owner of the property.

e. Title insurance. Once a title search is conducted and it shows that the seller is indeed
the owner of the property, the buyer will purchase title insurance. This is a onetime
insurance purchase that will give to the buyer the purchase price if it turns out that the
seller was not the real owner of the property.

f. Warranty of habitability. In the past, the rule of caveat emptor applied to the sale of
real property. Unless the seller made specific guarantees with respect to the property, the
seller was not responsible for defective conditions. This rule has been changed in most
states especially where the seller is in the business of building and selling residential
dwellings. Most courts will find that an implied warranty that the dwelling is habitable
attaches to the sale contract.

3. Types of deeds. Three types of deeds are commonly used in conveying real property. Each
deed has special characteristics and rights.

a. Warranty deed. In this deed, the grantor (seller) promises that he or she has valid title
to the property, and will protect the buyer in the event there is a defect in the title. The
seller may also guarantee that the buyer will have quiet enjoyment of the property in
addition to other covenants.

b. Special warranty deed. A special warranty deed is much more restrictive in the protection it gives to the buyer. The seller guarantees that he or she did not take any
steps that would negatively affect the title to the property.

c. Quitclaim deed. In this deed, the seller says simply that he or she will transfer whatever
interest he or she has in the land to the buyer. This deed is used in situations where it
appears as though a person may have some interest in real property, and he or she will
relinquish his or her rights in the property by using this deed.

4. Formal requirement for the transfer of real property.

a. Deed. The transfer of property is completed using a written document which complies
with the Statute of Frauds. The deed will usually contain a description of the real
property that is being conveyed.

b. Delivery of the deed. The transfer of the property does not take place until the deed is
delivered from the grantor (seller) to the grantee (buyer) or the intent to do so is clearly
established. The best evidence of delivery is physical delivery of the deed. But if the
seller delivers the deed to an escrow agent, for example, the intent to deliver may be
established.

c. Recording of transfer. When property is sold, it is not necessary to record the transfer
in order for the transfer to be valid. It would be very foolish, however, not to record the
transfer.

1) Recording act. The purpose of recording a purchase in property is to prevent
someone from becoming a subsequent purchaser in good faith. If the same property
is sold to two different buyers by an unscrupulous seller, the second buyer who
bought the land without knowledge that the same land has already been sold is the
subsequent buyer (second buyer) in good faith (without knowledge of the prior sale).
In certain situations, the subsequent buyer in good faith will receive the property
ahead of the prior purchaser.

a) How the recording act works. Smith buys a piece of property. The seller,
Collins, sells the same property to Jones. If Smith had not recorded the sale,
when Jones had a title search done prior to buying it, it showed that Collins was
the owner of the property (Smith bought the land, but did not record), and Jones
went ahead and purchased the land from him. Jones, as the subsequent purchaser
in good faith, would probably prevail over Smith. On the other hand, if Smith
recorded his purchase he could not lose the property to Jones. When Collins tried
to sell the same property to Jones, Jones would order a title search which would
show that Smith was the real owner, not Collins.

5. Real property terminology.

a. Secured transaction. A secured transaction is one in which a property is used as
security or collateral to support the debt.

b. Mortgage. A mortgage is simply a security interest in a piece of property. When a
property is subject to a mortgage, this interest should be recorded so that the purchaser of
the property will be aware of the fact that the buyer may also inherit an unpaid debt along
with the property. The debtor is referred to as the mortgagor and the creditor is called the
mortgagee. c. Rights of the mortgagor. In most states, the mortgagor holds the title to the property. If
the property is sold along with the mortgage, the buyer is not responsible for the
mortgage unless he or she specifically agreed to assume this debt.

d. Foreclosure. This is an action whereby the mortgagee takes the property from the
mortgagor, ends the mortgagor’s rights in the property, and sells the property to pay the
mortgage debt. If the sale of the property is not sufficient to pay the mortgage, the
mortgagee may attach other assets of the mortgagor.

6. Adverse possession. In most states, a person (the adverse possessor) who openly and
continuously occupies and uses land of another person for a required period of time will
become the owner of the property.

a. Purpose: The law of adverse possession is designed to penalize owners of property who
do not make productive use of property (leaves the property unattended and dormant) and
to reward those who make productive use of property even if the property belongs to
another person.

b. Open use of property. The adverse possessor must use the property openly, giving
notice to the world that it is being used.

c. Continuous use. In most cases, the use must be for 20 years without interruption. In
some cases, the length of continuous use is as short as 5 years.

7. Public and private control. The state has the authority to regulate the use of private
property. In placing restrictions on how certain properties can be used, it is possible that the
regulation will diminish the value of the land. The state does not have to compensate the
owner for such diminished value.

a. Zoning. Zonings laws restrict the use of property by placing height limits on buildings,
designate a percentage of an area to be open spaces, restrict certain activities in
designated areas, etc.

b. Variance. A variance is simply an exception to the general zoning law so that height
limitation, for example, may be waived for a specific building.

c. Nonconforming use. This is simply a use of property that is inconsistent with existing
zoning regulations. This situation arises when a change is made in a zoning regulation
and an established business which was authorized under the old zoning regulation is no
longer in compliance. In such situations, the business is given a reasonable time before it
must discontinue.

d. Eminent domain. This is the power of the government to take private property for
public use. The owner of the property must receive compensation.