WorksheetsProperty Law Week 2 Quiz
Total questions: 10
Worksheet time: 15mins
True or False: If a structure is not intended to harm, then it does not qualify as a spite fence.
True
False
Why did the court in Eyerman v. Mercantile Trust Co. rule against the demolition of the home?
Needless destruction of one's own property is illegal.
Razing the home went against public policy.
The state had taken control of the property through eminent domain.
An owner's right to destroy never persists after their death.
Which of the following is NOT an element of adverse possession?
Discrete posession
Exclusive Possession
Continuous Possession
Actual Possession
True or False: In adverse possession, all states require that the claimant believes in good faith that he owns the land.
True
False
Why did the court in Van Valkenburgh v. Lutz rule in favor of the plaintiff?
Lutz died before the case was originally tried, invalidating his claim.
Lutz failed to meet the New York statute for exclusive possession.
Van Valkenburg was aware of Lutz' claim to the land.
Lutz failed to meet the New York statute for actual occupation.
What are the two ways a person can claim ownership through adverse possession in the state of Florida?
(a)
According to Fulkerson v. Van Buren, which of the following state of mind requirements does Arkansas use?
Good faith
Bad faith
There is no state of mind requirement in the State of Arkansas
Under what circumstances is a landowner's right to exclude overruled?
When the owner's right to exclude prevents workers from receiving aid.
When the owner's right to exclude is not disclosed prior to hiring employees.
When the owner's right to exclude interferes with the business of solicitors.
Why did the court deem private nuisance law applicable to Prah v. Maretti?
The law of private nuisance was better suited to resolving landowner's disputes in the 1980s.
The law of private nuisance had a precedent of being used in cases concerning large shadows.
Maretti intentionally built his home in a position that blocked sunlight from reaching Prah, making his home a nuisance.
Which of the following is NOT a justification of adverse possession?
Preventing frivolous claims
Protecting personhood
Promoting the right to expand
Correcting title defects
Encouraging development
