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Exam (elaborations)

Property Law Practice Exam: 200 Questions with Detailed Answers and Rationales

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Property Law Practice Exam: 200 Questions with Detailed Answers and Rationales

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Property Law Practice Exam: 200
Questions with Detailed Answers and
Rationales




Table of Contents

Part I: Acquisition of Property (Questions 1-25)


●​ First Possession (Capture, Discovery, Creation)
●​ Finders of Lost, Mislaid, and Abandoned Property
●​ Adverse Possession
●​ Gifts (Inter Vivos, Causa Mortis)
●​ Bailments

Part II: Estates in Land (Questions 26-60)


●​ Fee Simple Absolute
●​ Life Estates
●​ Fee Tail
●​ Defeasible Estates (Fee Simple Determinable, Fee
Simple Subject to Condition Subsequent, Fee Simple
Subject to Executory Limitation)
●​ Future Interests (Reversions, Remainders, Executory
Interests)

, ●​ The Rule Against Perpetuities

Part III: Concurrent Ownership (Questions 61-85)


●​ Joint Tenancy
●​ Tenancy in Common
●​ Tenancy by the Entirety
●​ Rights and Duties of Co-Tenants
●​ Partition

Part IV: Landlord and Tenant (Questions 86-115)


●​ Types of Tenancies (Term of Years, Periodic, At Will, At
Sufferance)
●​ Lease Agreements and Covenants
●​ Rent and Security Deposits
●​ Landlord's Duties (Quiet Enjoyment, Implied Warranty
of Habitability)
●​ Tenant's Duties and Remedies
●​ Eviction and Retaliatory Eviction

Part V: Transfers of Property (Questions 116-155)


●​ Sales of Real Estate (Contracts, Marketable Title,
Deeds)
●​ Recording Acts (Race, Notice, Race-Notice)
●​ Mortgages and Liens
●​ Easements and Covenants
●​ Equitable Servitudes

,Part VI: Land Use Controls (Questions 156-180)


●​ Zoning and Planning
●​ Takings and Eminent Domain
●​ Nuisance
●​ Support and Water Rights

Part VII: Miscellaneous Property Concepts (Questions

181-200)


●​ Fixtures
●​ Emblements
●​ Waste
●​ Trespass and Nuisance
●​ Licenses




Part I: Acquisition of Property

1. Question: A hunter shoots a wild deer on public land.

Another hunter, who had been pursuing the same deer for

hours, claims ownership. Under the rule of capture, who

owns the deer?​

A) The first hunter who shot it​

B) The second hunter who pursued it​

, C) The state, because it is wild game​

D) Neither hunter; the deer is abandoned


Answer: A) The first hunter who shot it​

Rationale: Under the rule of capture, wild animals (ferae

naturae) are owned by the person who first captures or

mortally wounds them. In Pierson v. Post, the court held that

mere pursuit is insufficient to establish ownership. The first

hunter who actually shot the deer has possession.


2. Question: A person finds a wallet on the floor of a grocery

store. The wallet contains identification and $500. The

person turns the wallet over to the store manager. Who is

entitled to the wallet if the true owner never claims it?​

A) The finder​

B) The store owner​

C) The state​

D) The person who lost it


Answer: B) The store owner​

Rationale: Under the law of finders, property found on

private property generally belongs to the owner of the

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