REE 3043 Exam 1 Curcio Actual Exam
2026/2027 with Detailed Rationales |
Complete Exam-Style Questions | Pass
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SECTION 1: PROPERTY RIGHTS, INTERESTS & ESTATES Q1 – Q10
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Question 1 of 50
A Miami developer purchases a vacant lot and installs custom-built mahogany bookcases, a
marble kitchen island, and a commercial-grade walk-in refrigerator before recording the deed.
The seller later claims these items are trade fixtures that must be removed. Under Florida law,
which classification governs these items?
A. All items are personal property because they were installed by the buyer prior to closing.
B. The bookcases and island are fixtures, but the refrigerator remains personal property as a
trade fixture.
C. The bookcases and island are fixtures, while the refrigerator is a trade fixture if used in the
buyer's business. ✓ CORRECT
D. All items are real property because any attachment to land automatically transfers with the
deed.
Correct Answer: C
Rationale: Under Florida law, fixtures are items permanently attached to real property that
become part of the realty, while trade fixtures are items installed by a tenant or business
owner for commercial use and remain personal property removable by the owner. The
bookcases and island are clearly fixtures due to their permanent attachment and adaptation
to the property, but the refrigerator could qualify as a trade fixture if used in a business
operation. The seller's claim fails because trade fixture rights belong to the party who
installed them for business purposes, not the prior seller.
Question 2 of 50
A Boca Raton homeowner conveys her property "to my daughter for life, then to my grandson
in fee simple absolute." The daughter promptly mortgages her interest to a local lender. Two
years later, the daughter defaults. What is the lender's maximum recoverable interest?
,A. The lender may foreclose and acquire the full fee simple absolute estate.
B. The lender may foreclose and acquire only the daughter's life estate, subject to the
grandson's remainder. ✓ CORRECT
C. The lender may foreclose and acquire a fee simple determinable because the mortgage
violates the rule against perpetuities.
D. The lender may only sue for personal judgment because life estates are non-alienable
under Florida law.
Correct Answer: B
Rationale: A life tenant may encumber or transfer only the interest she possesses, which is
merely a life estate measured by her own life; the remainder interest in the grandson is not
affected by the daughter's mortgage. The lender's foreclosure can only reach the daughter's
life estate, meaning the lender would hold the property only until the daughter's death, at
which point the grandson's remainder becomes possessory. The most tempting wrong
answer, A, fails because a life tenant cannot convey more than she owns, and Florida law
does not permit a life estate mortgage to extinguish a vested remainder.
Question 3 of 50
A Tampa commercial landlord leases retail space to a tenant for ten years. The lease
expressly permits the tenant to install display racks, lighting systems, and a built-in safe. At
lease expiration, the tenant removes the racks and lighting but leaves the safe, claiming it is
now the landlord's property. The landlord disagrees and demands removal. How should a
Florida court likely rule?
A. The safe is a trade fixture and must be removed by the tenant at the landlord's request.
B. The safe is a fixture that has become part of the realty and belongs to the landlord.
C. The safe is a trade fixture, but the tenant's failure to remove it within a reasonable time
after lease termination converts it to the landlord's property. ✓ CORRECT
D. The safe is personal property that the tenant may abandon or remove at any time without
consequence.
Correct Answer: C
Rationale: Under Florida commercial lease law, trade fixtures installed by a tenant remain
personal property and are removable during the lease term or within a reasonable time after
termination, but failure to remove them within a reasonable period results in their conversion
to the landlord's real property. The safe was initially a trade fixture, but the tenant's delay in
removal after lease expiration likely caused it to become the landlord's property. Answer A is
incorrect because while the safe began as a trade fixture, the tenant lost the right to remove it
after allowing a reasonable time to pass post-termination.
Question 4 of 50
, A Jacksonville property owner executes a deed conveying "to my niece and her heirs, but if
the property is ever used for commercial purposes, then to my nephew and his heirs." The
niece immediately begins operating a small consulting business from the home office. Which
present interest does the nephew hold?
A. A fee simple subject to a condition subsequent with the nephew holding a right of entry.
B. A shifting executory interest that divests the niece upon breach of the condition. ✓
CORRECT
C. A vested remainder in fee simple subject to divestment because the niece holds a fee
simple determinable.
D. A springing executory interest that will become possessory only upon the niece's death.
Correct Answer: B
Rationale: The language "but if...then to" creates a fee simple subject to an executory
limitation, giving the niece a fee simple subject to divestment and the nephew a shifting
executory interest that automatically divests the niece if the condition occurs. Because the
condition is now triggered by commercial use, the nephew's interest would divest the niece
automatically without the nephew needing to take any action. Answer A is incorrect because
a right of entry requires words of re-entry or express reservation, which are absent here; the
language "then to" indicates an automatic shifting interest, not a power of termination.
Question 5 of 50
A Palm Beach testator devises her oceanfront condo "to my brother for life, remainder to my
sister." The brother pays all property taxes, maintains the HVAC system, and replaces the
roof. After five years, the brother wants to sell his interest to a private equity buyer. What can
the brother legally convey?
A. The brother may convey a fee simple absolute because his maintenance expenditures have
enlarged his interest.
B. The brother may convey only a life estate, and the buyer's interest will terminate upon the
brother's death. ✓ CORRECT
C. The brother may convey a fee simple determinable because life estates automatically
expand upon improvement.
D. The brother may convey a life estate plus the sister's remainder if the sister consents to
the sale.
Correct Answer: B
Rationale: A life tenant's interest is limited to his own lifetime and cannot be enlarged into a
greater estate through payment of taxes, maintenance, or improvements; the brother can only
sell the life estate he actually owns, and the buyer would take the property subject to the
same life limitation. The life tenant's duties under Florida law include paying taxes, interest,
and ordinary repairs, but performing these obligations does not alter the quantum of the
estate. Answer A is a common trap because students often confuse the life tenant's
2026/2027 with Detailed Rationales |
Complete Exam-Style Questions | Pass
Guaranteed – A+ Graded
══════════════════════════════════════
SECTION 1: PROPERTY RIGHTS, INTERESTS & ESTATES Q1 – Q10
══════════════════════════════════════
Question 1 of 50
A Miami developer purchases a vacant lot and installs custom-built mahogany bookcases, a
marble kitchen island, and a commercial-grade walk-in refrigerator before recording the deed.
The seller later claims these items are trade fixtures that must be removed. Under Florida law,
which classification governs these items?
A. All items are personal property because they were installed by the buyer prior to closing.
B. The bookcases and island are fixtures, but the refrigerator remains personal property as a
trade fixture.
C. The bookcases and island are fixtures, while the refrigerator is a trade fixture if used in the
buyer's business. ✓ CORRECT
D. All items are real property because any attachment to land automatically transfers with the
deed.
Correct Answer: C
Rationale: Under Florida law, fixtures are items permanently attached to real property that
become part of the realty, while trade fixtures are items installed by a tenant or business
owner for commercial use and remain personal property removable by the owner. The
bookcases and island are clearly fixtures due to their permanent attachment and adaptation
to the property, but the refrigerator could qualify as a trade fixture if used in a business
operation. The seller's claim fails because trade fixture rights belong to the party who
installed them for business purposes, not the prior seller.
Question 2 of 50
A Boca Raton homeowner conveys her property "to my daughter for life, then to my grandson
in fee simple absolute." The daughter promptly mortgages her interest to a local lender. Two
years later, the daughter defaults. What is the lender's maximum recoverable interest?
,A. The lender may foreclose and acquire the full fee simple absolute estate.
B. The lender may foreclose and acquire only the daughter's life estate, subject to the
grandson's remainder. ✓ CORRECT
C. The lender may foreclose and acquire a fee simple determinable because the mortgage
violates the rule against perpetuities.
D. The lender may only sue for personal judgment because life estates are non-alienable
under Florida law.
Correct Answer: B
Rationale: A life tenant may encumber or transfer only the interest she possesses, which is
merely a life estate measured by her own life; the remainder interest in the grandson is not
affected by the daughter's mortgage. The lender's foreclosure can only reach the daughter's
life estate, meaning the lender would hold the property only until the daughter's death, at
which point the grandson's remainder becomes possessory. The most tempting wrong
answer, A, fails because a life tenant cannot convey more than she owns, and Florida law
does not permit a life estate mortgage to extinguish a vested remainder.
Question 3 of 50
A Tampa commercial landlord leases retail space to a tenant for ten years. The lease
expressly permits the tenant to install display racks, lighting systems, and a built-in safe. At
lease expiration, the tenant removes the racks and lighting but leaves the safe, claiming it is
now the landlord's property. The landlord disagrees and demands removal. How should a
Florida court likely rule?
A. The safe is a trade fixture and must be removed by the tenant at the landlord's request.
B. The safe is a fixture that has become part of the realty and belongs to the landlord.
C. The safe is a trade fixture, but the tenant's failure to remove it within a reasonable time
after lease termination converts it to the landlord's property. ✓ CORRECT
D. The safe is personal property that the tenant may abandon or remove at any time without
consequence.
Correct Answer: C
Rationale: Under Florida commercial lease law, trade fixtures installed by a tenant remain
personal property and are removable during the lease term or within a reasonable time after
termination, but failure to remove them within a reasonable period results in their conversion
to the landlord's real property. The safe was initially a trade fixture, but the tenant's delay in
removal after lease expiration likely caused it to become the landlord's property. Answer A is
incorrect because while the safe began as a trade fixture, the tenant lost the right to remove it
after allowing a reasonable time to pass post-termination.
Question 4 of 50
, A Jacksonville property owner executes a deed conveying "to my niece and her heirs, but if
the property is ever used for commercial purposes, then to my nephew and his heirs." The
niece immediately begins operating a small consulting business from the home office. Which
present interest does the nephew hold?
A. A fee simple subject to a condition subsequent with the nephew holding a right of entry.
B. A shifting executory interest that divests the niece upon breach of the condition. ✓
CORRECT
C. A vested remainder in fee simple subject to divestment because the niece holds a fee
simple determinable.
D. A springing executory interest that will become possessory only upon the niece's death.
Correct Answer: B
Rationale: The language "but if...then to" creates a fee simple subject to an executory
limitation, giving the niece a fee simple subject to divestment and the nephew a shifting
executory interest that automatically divests the niece if the condition occurs. Because the
condition is now triggered by commercial use, the nephew's interest would divest the niece
automatically without the nephew needing to take any action. Answer A is incorrect because
a right of entry requires words of re-entry or express reservation, which are absent here; the
language "then to" indicates an automatic shifting interest, not a power of termination.
Question 5 of 50
A Palm Beach testator devises her oceanfront condo "to my brother for life, remainder to my
sister." The brother pays all property taxes, maintains the HVAC system, and replaces the
roof. After five years, the brother wants to sell his interest to a private equity buyer. What can
the brother legally convey?
A. The brother may convey a fee simple absolute because his maintenance expenditures have
enlarged his interest.
B. The brother may convey only a life estate, and the buyer's interest will terminate upon the
brother's death. ✓ CORRECT
C. The brother may convey a fee simple determinable because life estates automatically
expand upon improvement.
D. The brother may convey a life estate plus the sister's remainder if the sister consents to
the sale.
Correct Answer: B
Rationale: A life tenant's interest is limited to his own lifetime and cannot be enlarged into a
greater estate through payment of taxes, maintenance, or improvements; the brother can only
sell the life estate he actually owns, and the buyer would take the property subject to the
same life limitation. The life tenant's duties under Florida law include paying taxes, interest,
and ordinary repairs, but performing these obligations does not alter the quantum of the
estate. Answer A is a common trap because students often confuse the life tenant's
