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SECTION 1: REAL PROPERTY CHARACTERISTICS, LEGAL DESCRIPTIONS, AND
PROPERTY USE
(QUESTIONS 1–45)
1. A homeowner installs a built-in bookshelf attached to the wall with brackets
and screws. The homeowner later sells the house and wants to take the
bookshelf. Under real estate law, the bookshelf is most likely:
A. Personal property because it can be removed
B. A fixture because it is permanently attached to the real property
C. A trade fixture because it was used for a business
D. Emblements because it was installed by the owner
Correct Answer: B
Rationale: A fixture is personal property that has been permanently attached
to real estate, such as a built-in bookshelf attached with brackets and
screws. Choice A is incorrect because although the bookshelf can be removed,
its permanent attachment makes it a fixture. Choice C is incorrect because a
trade fixture is personal property attached for business purposes, which is
not the case here. Choice D is incorrect because emblements are annual crops
produced by cultivation, not bookshelves. The correct answer (B) reflects the
definition of a fixture.
2. A farmer plants corn on his land and sells the property before harvest.
Who is entitled to the corn?
A. The buyer, because the corn is attached to the land
B. The farmer, because crops are personal property
C. The buyer, because crops are fixtures
D. The farmer, because he planted the crops
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,Correct Answer: B
Rationale: Crops that require annual planting (emblements) are generally
considered personal property and belong to the farmer who planted them, even
after the land is sold. Choice A is incorrect because the corn is not
permanently attached to the land in a way that makes it a fixture. Choice C is
incorrect because crops are not fixtures; they are emblements. Choice D is
incorrect because while the farmer planted the crops, the legal reason they
belong to the farmer is that they are personal property, not simply because he
planted them. The correct answer (B) reflects the treatment of emblements.
3. A tenant installs shelving in a retail store to display merchandise. The
tenant later moves out. The shelving is considered:
A. A fixture that must remain with the property
B. A trade fixture that the tenant may remove
C. Real property that belongs to the landlord
D. Emblements that belong to the tenant
Correct Answer: B
Rationale: Trade fixtures are personal property attached to real estate by a
tenant for business purposes. The tenant may remove them before the lease
ends, provided the removal does not cause substantial damage. Choice A is
incorrect because trade fixtures are not permanent fixtures that must remain.
Choice C is incorrect because trade fixtures are not real property. Choice D
is incorrect because emblements are crops, not shelving. The correct answer
(B) reflects the treatment of trade fixtures.
4. Which of the following is a physical characteristic of land?
A. Scarcity
B. Situs
C. Indestructibility
D. Permanence of investment
Correct Answer: C
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,Rationale: Indestructibility is a physical characteristic of land, meaning
land cannot be destroyed. Choice A is incorrect because scarcity is an
economic characteristic. Choice B is incorrect because situs (location
preference) is an economic characteristic. Choice D is incorrect because
permanence of investment is an economic characteristic. The correct answer
(C) reflects the physical characteristics of land.
5. Which of the following is an economic characteristic of land?
A. Immobility
B. Non-homogeneity
C. Scarcity
D. Indestructibility
Correct Answer: C
Rationale: Scarcity is an economic characteristic of land, meaning the supply
of land is limited. Choice A is incorrect because immobility is a physical
characteristic. Choice B is incorrect because non-homogeneity is a physical
characteristic. Choice D is incorrect because indestructibility is a physical
characteristic. The correct answer (C) reflects the economic characteristics
of land.
6. A homeowner wants to sell her house and take the window treatments that
were custom-made for the windows. Under real estate law, the window
treatments are most likely:
A. Personal property because they are removable
B. Fixtures because they were custom-made
C. Emblements because they are attached to the windows
D. Trade fixtures because they were used for decoration
Correct Answer: B
Rationale: Custom-made window treatments that are attached to the windows in
a permanent manner are generally considered fixtures. Choice A is incorrect
because the custom-made nature and attachment indicate they are fixtures, not
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, personal property. Choice C is incorrect because emblements are crops, not
window treatments. Choice D is incorrect because trade fixtures are used for
business purposes. The correct answer (B) reflects the treatment of custom
fixtures.
7. A bill of sale is used to transfer:
A. Real property
B. Personal property
C. Both real and personal property
D. Only fixtures
Correct Answer: B
Rationale: A bill of sale is used to transfer personal property from one
party to another. Choice A is incorrect because real property is transferred
by deed. Choice C is incorrect because a bill of sale specifically transfers
personal property. Choice D is incorrect because fixtures are real property
and are transferred by deed. The correct answer (B) reflects the purpose of a
bill of sale.
8. A homeowner removes a ceiling fan when selling the house. The buyer
objects, claiming the fan was included in the sale. Under the doctrine of
fixtures, the ceiling fan is most likely:
A. Personal property because the seller removed it
B. A fixture because it was attached to the ceiling
C. A trade fixture because it was used for lighting
D. Emblements because it was installed by the seller
Correct Answer: B
Rationale: A ceiling fan that is hard-wired and attached to the ceiling is
generally considered a fixture because of the manner of attachment and its
integration into the home. Choice A is incorrect because the seller's removal
does not change the legal status of the fan as a fixture. Choice C is
incorrect because trade fixtures are used for business purposes. Choice D is
incorrect because emblements are crops. The correct answer (B) reflects the
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