PROPERTY LAW UPDATED ACTUAL EXAM
QUESTIONS AND CORRECT ANSWERS
Differences between Property and Contract Rights? (2) - CORRECT ANSWERS K rights are
only enforceable against contracting parties. Property rights are enforceable against the world
What concept is the basis for the idea of property rights? - CORRECT ANSWERS Exclusion
(the power to exclude)
Can you occupy possessions? - CORRECT ANSWERS Yes. The person who possess "the fox"
occupies it
Encumbrance - CORRECT ANSWERS A burden or charge upon an estate or property, so
that it cannot be disposed of without being subject to it. A non-possessory interest in property
CAPTURE balances which two concepts? - CORRECT ANSWERS (1) Rewarding people who
make an investment and (2) Preventing monopoly
Gift - CORRECT ANSWERS A transfer or property from one person to another without
payment
In Vivo Gift - CORRECT ANSWERS From one living person to another
Testamentary Gift - CORRECT ANSWERS From a dead person to a living person through
will or inheritance
Requirements for a Gift - CORRECT ANSWERS Intent to Transfer Title, Delivery of the
Property (title, actual good, or symbolic delivery), Acceptance by the donee
,3 Types of Property for Finders Law - CORRECT ANSWERS Lost, Mislaid, Abandoned
Lost Property - CORRECT ANSWERS Accidentally misplaced (owner has right to recover)
Mislaid Property - CORRECT ANSWERS Intentionally placed somewhere but owner forgot
where (owner has right to recover)
Abandoned - CORRECT ANSWERS Owner intends to relinquish rights (finder has right to
keep - but intent to abandon must be established)
Unjust Enrichment in Property - CORRECT ANSWERS (1) Enrichment (2) Impoverishment
(3) Connection between enrichment and impoverishment (4) absence of justification or cause
for either (5) No other remedy available to P
Are burial good abandoned propery? - CORRECT ANSWERS No. (but who owns them?)
Who does a finder of property prevail over to keep the property? - CORRECT
ANSWERS Everyone but the original owner (generally)
What happens when the finder is on someone else's land when he finds the property? -
CORRECT ANSWERS Landowner gets it if the finder was trespassing. Courts are divided
when finder had permission to be on the land.
Trespass (definition) - CORRECT ANSWERS An unprivileged intentional intrusion on
property possessed by another. Must establish the act was unprivileged and owner had right to
exclude
,3 Instances of Privileged Entry - CORRECT ANSWERS Consent, Necessity, Public Policy
Licensee - CORRECT ANSWERS Person who has been given the right to be on the land
Are privileges limited by the scope of the privilege? - CORRECT ANSWERS Yes. When you
exceed the scope of your privilege you are no longer privileged and become a trespasser
The common law imposes a duty on which two groups to serve the public without
discrimination? Policy behind this? - CORRECT ANSWERS Innkeepers, Common Carriers.
Policy -- more likely to be monopolies, necessities, hold themselves out as ready to serve public.
3 Types of Remedies for Trespass - CORRECT ANSWERS Damages (nominal, compensatory,
punitive), Injunction/Ejectment, Declaratory Judgment
Elements of Adverse Possession - CORRECT ANSWERS Actual Possession, Exclusive, Open
& Notorious, Continuous (by average landowner standard), Adverse/Hostile, For a proscribed
period of time (10 years usually. SoL)
Acronym for Adverse Possession - OCEAN - CORRECT ANSWERS Open, Continuous,
Exclusive, Adverse, Notorious
Tacking - CORRECT ANSWERS Can add adverse possession claims from previous owners if
they meet the adverse possession requirements
Burden of Proof for Adverse Possession - CORRECT ANSWERS Clear and Convincing
Evidence
, Knowledge of the adverse possession required? - CORRECT ANSWERS No. Not for either
party.
Deed - CORRECT ANSWERS RECORD OF TITLE. Info about the size and location of the
property through description of the property boundaries
Claim of Title (Adverse Possession) - CORRECT ANSWERS Adverse possessor can't produce
a deed (defective or not) that claims to give them ownership of the land in their possession
Color of Title (Adverse Possession) - CORRECT ANSWERS Adverse possessors think they
own the deed but there is a defect (no closed bounds, lack of signature, not payed taxes (in
many states))
2 Types of Adverse Possession Claims - CORRECT ANSWERS Claim of Title. Color of Title.
(Adverse possessor must show all six elements of adverse possession for both)
Does allowing other people to use the land (like on paths) negate the EXCLUSIVE element of
Adverse Possession? - CORRECT ANSWERS No. Must look at a typical landowner in the
area. (Nome 2000)
Is seasonal use consistent with the continuous requirement of Adverse Possession? - CORRECT
ANSWERS Yes, IF a typical landowner would do the same
Does the lack of a permanent structure negate an adverse possession claim? - CORRECT
ANSWERS No. Must look at typical landowner though to be sure.
Will a successful adverse possession claim necessarily cover the entire property owned by the
landowner? - CORRECT ANSWERS Not necessarily. Court might not give adverse possessor
QUESTIONS AND CORRECT ANSWERS
Differences between Property and Contract Rights? (2) - CORRECT ANSWERS K rights are
only enforceable against contracting parties. Property rights are enforceable against the world
What concept is the basis for the idea of property rights? - CORRECT ANSWERS Exclusion
(the power to exclude)
Can you occupy possessions? - CORRECT ANSWERS Yes. The person who possess "the fox"
occupies it
Encumbrance - CORRECT ANSWERS A burden or charge upon an estate or property, so
that it cannot be disposed of without being subject to it. A non-possessory interest in property
CAPTURE balances which two concepts? - CORRECT ANSWERS (1) Rewarding people who
make an investment and (2) Preventing monopoly
Gift - CORRECT ANSWERS A transfer or property from one person to another without
payment
In Vivo Gift - CORRECT ANSWERS From one living person to another
Testamentary Gift - CORRECT ANSWERS From a dead person to a living person through
will or inheritance
Requirements for a Gift - CORRECT ANSWERS Intent to Transfer Title, Delivery of the
Property (title, actual good, or symbolic delivery), Acceptance by the donee
,3 Types of Property for Finders Law - CORRECT ANSWERS Lost, Mislaid, Abandoned
Lost Property - CORRECT ANSWERS Accidentally misplaced (owner has right to recover)
Mislaid Property - CORRECT ANSWERS Intentionally placed somewhere but owner forgot
where (owner has right to recover)
Abandoned - CORRECT ANSWERS Owner intends to relinquish rights (finder has right to
keep - but intent to abandon must be established)
Unjust Enrichment in Property - CORRECT ANSWERS (1) Enrichment (2) Impoverishment
(3) Connection between enrichment and impoverishment (4) absence of justification or cause
for either (5) No other remedy available to P
Are burial good abandoned propery? - CORRECT ANSWERS No. (but who owns them?)
Who does a finder of property prevail over to keep the property? - CORRECT
ANSWERS Everyone but the original owner (generally)
What happens when the finder is on someone else's land when he finds the property? -
CORRECT ANSWERS Landowner gets it if the finder was trespassing. Courts are divided
when finder had permission to be on the land.
Trespass (definition) - CORRECT ANSWERS An unprivileged intentional intrusion on
property possessed by another. Must establish the act was unprivileged and owner had right to
exclude
,3 Instances of Privileged Entry - CORRECT ANSWERS Consent, Necessity, Public Policy
Licensee - CORRECT ANSWERS Person who has been given the right to be on the land
Are privileges limited by the scope of the privilege? - CORRECT ANSWERS Yes. When you
exceed the scope of your privilege you are no longer privileged and become a trespasser
The common law imposes a duty on which two groups to serve the public without
discrimination? Policy behind this? - CORRECT ANSWERS Innkeepers, Common Carriers.
Policy -- more likely to be monopolies, necessities, hold themselves out as ready to serve public.
3 Types of Remedies for Trespass - CORRECT ANSWERS Damages (nominal, compensatory,
punitive), Injunction/Ejectment, Declaratory Judgment
Elements of Adverse Possession - CORRECT ANSWERS Actual Possession, Exclusive, Open
& Notorious, Continuous (by average landowner standard), Adverse/Hostile, For a proscribed
period of time (10 years usually. SoL)
Acronym for Adverse Possession - OCEAN - CORRECT ANSWERS Open, Continuous,
Exclusive, Adverse, Notorious
Tacking - CORRECT ANSWERS Can add adverse possession claims from previous owners if
they meet the adverse possession requirements
Burden of Proof for Adverse Possession - CORRECT ANSWERS Clear and Convincing
Evidence
, Knowledge of the adverse possession required? - CORRECT ANSWERS No. Not for either
party.
Deed - CORRECT ANSWERS RECORD OF TITLE. Info about the size and location of the
property through description of the property boundaries
Claim of Title (Adverse Possession) - CORRECT ANSWERS Adverse possessor can't produce
a deed (defective or not) that claims to give them ownership of the land in their possession
Color of Title (Adverse Possession) - CORRECT ANSWERS Adverse possessors think they
own the deed but there is a defect (no closed bounds, lack of signature, not payed taxes (in
many states))
2 Types of Adverse Possession Claims - CORRECT ANSWERS Claim of Title. Color of Title.
(Adverse possessor must show all six elements of adverse possession for both)
Does allowing other people to use the land (like on paths) negate the EXCLUSIVE element of
Adverse Possession? - CORRECT ANSWERS No. Must look at a typical landowner in the
area. (Nome 2000)
Is seasonal use consistent with the continuous requirement of Adverse Possession? - CORRECT
ANSWERS Yes, IF a typical landowner would do the same
Does the lack of a permanent structure negate an adverse possession claim? - CORRECT
ANSWERS No. Must look at typical landowner though to be sure.
Will a successful adverse possession claim necessarily cover the entire property owned by the
landowner? - CORRECT ANSWERS Not necessarily. Court might not give adverse possessor
