Exam 24: Real Property

In Mogilevsky v.Rubicon Technology,Inc. ,the case in the text,the court upheld the jury's verdict that:

To acquire title to property by adverse possession,the adverse possessor must continuously use the property for a statutorily prescribed period of time.

________ is the earth's crust and all things firmly attached to it.

Melissa's home is located in small and quiet neighborhood that has been declared a residential area by the local zoning ordinances.She wants to convert her patio into a small bakery for her neighbors who have often expressed their admiration for her baking skills.Does Melissa have any solution?

An exclusive right to sell contract means that a broker receives a commission on a sale of the property even if the seller found the buyer.

Which of the following statements about trade fixtures is false?

Homer and Marge bought Blueacres as tenants in common with equal shares of ownership.One year later,Homer died,leaving a will in which he left his interest in Blueacres to his son,Bart.Under these circumstances:

Lisa lives next to a vacant plot that belongs to Carol.Carol has never visited the plot in the last 20 years during which period,Lisa has taken care of it by fencing the plot and mowing the grass.If this continues,Lisa will be able to claim ownership of land based on:

Which of the following types of recording statutes grants superior title to the first grantee who records a deed?

Homeowner Ann Jameson entered into a 90-day exclusive right to sell listing agreement with a real estate broker,Bill Boor.One week later,Jameson sold the house to her neighbor,Jerry Mateo,who learned that the property was for sale when he saw the "for sale" sign in Jameson's yard.Boor contends that he is entitled to a commission on the sale.Is Boor entitled to a commission? Why or why not?

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death?

Adams issues a license of his land to Crowe for planting flower trees only.In the deed,Adams makes it clear that Crowe may not take undue advantage of the license by using it for commercial purposes.However,after a few days,Adams realizes that Crowe has made a profit by selling flowers,without his knowledge.Can Adams recover the amount that Crowe collected from sale?

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

Amber Blue owns a small hotel of the "bed & breakfast" variety.Hunter Greene,a tenant at Blue's bed & breakfast,sustained severe physical injuries when an intruder broke into Greene's room and attacked him with a baseball bat.The intruder was neither an employee of Blue's nor otherwise had any connection with Blue's bed & breakfast.Greene filed a tort action against Blue in an effort to collect damages for the medical expenses,lost earnings,and pain and suffering he experienced as a result of the intruder's attack.Greene argued that owners of commercial property such as a bed & breakfast are liable,as a matter of law,whenever guests are injured while on the premises.Blue argued that such property owners cannot be held liable when the guest's injuries were directly (and criminally)inflicted by a third-party attacker.Evaluate the arguments made,respectively,by Greene and Blue.Explain your supporting reasoning.

Which of the following types of easements is primarily designed to benefit a certain tract of land,rather than merely giving an individual a personal right?

Jane and her brother each own a 1/2 interest in certain real property as tenants in common.Assuming Jane has a will,Jane's interest:

Remote control devices used for automatic garage doors are examples of fixtures.

Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable?

An easement by necessity is created when real property once held in common ownership is subdivided in such a fashion that the only reasonable way a new owner can gain access to her land is through passage over another's land that was once part of the same tract.

Bari deeds Blackacre to Adam,Charlie,and David as joint tenants with the right of survivorship.Adam then sells his interest in Blackacre to Sally.Soon after,Charlie dies.Who now owns Blackacre? In what form(s)? Discuss.