WorksheetsProp I - Mixed Quiz 2023
Total questions: 40
Worksheet time: 1hrs 20mins
Liz leases Blueacre “to Hayden for one year, beginning January 1, 2018.” On December 1,
2018, Liz leases Blueacre “to Tam for one year, beginning January 1, 2019.” On January 1,
2019, Tam tries to move into Blueacre but finds Hayden still in possession. Tam asks Liz to
release her from the lease or evict Hayden, but Liz refuses. If Tam sues Liz, a court will most likely hold for:
Liz, but only if this jurisdiction follows the American rule for delivery of physical
possession.
Liz, but only if this jurisdiction follows the English rule for delivery of physical
possession
Tam, but only if this jurisdiction follows the American rule for delivery of physical
possession
Tam, because Liz did not deliver the legal right to possession of Blueacre
After a camping trip, Willard is diagnosed with Hantavirus Pulmonary Syndrome, a deadly disease transmitted by rodents. As he is lying on a hospital bed, awaiting certain death, he writes a note stating: “To my nephew Pete. I know I’m going to die. I want you to have my baseball card collection. It is located in the shoebox in the bottom drawer of my dresser.” He signs the note, placing it in the pocket of his robe. Willard dies. The nurse later finds the note and hands it to Pete. Pete retrieves the baseball cards. Willard’s heir, Lisa, contests Pete’s ownership. Lisa’s best argument is:
The delivery was invalid because delivery cannot be made through a third party.
The delivery of the note was unauthorized.
Although the delivery was valid, Pete did not accept the gift.
A gift causa mortis cannot defeat inheritance.
Aaron and Blythe own Blueacre as joint tenants. Both are in possession of the property.
American Bank holds a mortgage on Blueacre, which has been signed by both Aaron and
Blythe. Aaron is in charge of paying the mortgage, but fails to do so for several months.
American Bank notifies the couple of its intent to foreclose unless the loan is paid in full.
Blythe quickly pays off the loan. Blythe is entitled to:
Partition.
Contribution from Aaron.
Full title to the land placed in Blythe’s name (because Blythe has paid off the entire mortgage), even if contribution is granted.
Nothing, because Blythe is a fiduciary of Aaron.
On January 1, 2000, Lisette leases a building to Austin for a ten-year term. On January 1, 2002, Austin leases the building “to Bridgette for eight years.” On January 1, 2004, Bridgette leases the building “to Clarence for four years.” Which of the following is a true statement?
The agreement between Austin and Bridgette is an assignment, and the agreement between Bridgette and Clarence is an assignment.
The agreement between Austin and Bridgette is a sublease, and the agreement between Bridgette and Clarence is a sublease.
The agreement between Austin and Bridgette is a sublease, and the agreement between Bridgette and Clarence is an assignment.
The agreement between Austin and Bridgette is an assignment, and the agreement between Bridgette and Clarence is a sublease.
Adalia owns Blueacre. Bob enters Blueacre without Adalia’s knowledge or permission. Using a metal detector, Bob locates inside the barn an iron pot buried underneath the ground that contains several five-dollar gold coins, all dating from the mid-1800s. The pot was buried more than a foot below ground, and facts suggest that the pot and coins had been buried for some time. The pot itself was deteriorating, suggesting a very old age. Adalia and Bob dispute ownership of the gold coins. In a jurisdiction that has rejected the doctrine of treasure trove, a court would likely place ownership in:
Bob, because these coins are most likely lost property, and lost property is awarded to the finder.
Bob, because these coins are most likely mislaid property, and mislaid property is awarded to the finder.
Bob, because the coins are most likely abandoned property, and abandoned property is awarded to the finder.
Adalia, because she owns Blueacre and everything buried on it by constructive possession.
Homer and Wanda are married in a common law marital property state that recognizes dower and curtesy. During marriage, Homer purchases Blueacre in fee simple absolute with his earnings. He takes title as joint tenants with right of survivorship with his brother, Ben. Homer and Wanda had no children. Homer dies. What is the state of Blueacre’s title?
Ben owns two-thirds of Blueacre outright, but only a vested remainder in one-third. As to that third, Wanda holds a life estate because of her dower right.
Ben owns Blueacre because of his right of survivorship.
Wanda and Ben own Blueacre as tenants in common.
Wanda holds a life estate in Blueacre because of her dower right, and Ben holds a vested remainder.
Larry owns Blueacre. On January 1, 2014, he leases Blueacre “to Tiffany for one year.” On December 31, 2014, Tiffany moves out, without giving any notice to Larry. Larry argues that notice is required and sues Tiffany for rent through December 31, 2015. A court will likely hold for:
Tiffany, because the lease was a periodic tenancy (for a period of one year), which only requires notice if the lessee wants to renew for another period.
Tiffany, because the lease was a term of years, which does not require notice to terminate.
Larry, because the lease was a term of years which requires notice to terminate.
Larry, because the lease was a periodic tenancy (for a period of one year), which requires notice to terminate.
Paul and Beatrice, a married couple, live in a community property state. During marriage, Beatrice acquires Blueacre and $200,000 in personal property with her earnings. She also receives an inheritance of $50,000 from her Aunt Edith. Beatrice dies, devising her entire estate to the daughter of her first marriage. To what is Paul entitled, if anything?
Blueacre and $200,000.
One-half of Blueacre and $125,000.
One-half of Blueacre and $100,000.
Blueacre and $225,000.
Leslie owns Blueacre, a lakeside parcel of land. Her son Toby, a writer, asks if he can stay in the cabin located on Blueacre to work on his next book. Leslie agrees and does not ask for rent. Three months later, Leslie is approached by a group of fishermen seeking to lease Blueacre (including the cabin). Leslie sends Toby a written notice to vacate in one month, indicating that a paying tenant will be moving in. Toby refuses to leave, arguing that Leslie has no right to evict him. If Leslie sues, a court will likely hold for:
Toby, because the lease was a term of years and his term had not yet expired,
Toby, because the lease was a tenancy at will, terminable at the will of only the tenant.
Leslie, because the lease was a tenancy at will, terminable at the will of either landlord or tenant.
Leslie, because the lease was a tenancy at sufferance, which is terminable only by the landlord.
Lilly owns Blueacre. She leases Blueacre to Theodore for a term of one year, beginning January 1, 2018. On January 1, 2019, Theodore is still on the premises. Which of the following is a true statement?
Under the traditional view, Lilly can either evict Theodore or hold Theodore to a second one-year term if she chooses.
Because Theodore is a tenant at sufferance, Lilly must give Theodore the option of a second one-year term.
At common law, Theodore’s lease automatically converts to a month-to-month tenancy.
Lilly has no cause of action against Theodore because his lease automatically repeats if notice has not been given by either landlord or tenant.
Which of the following is a true statement?
To create a life estate, the grantor must use the language “for life.”
A fee simple absolute can be created by reference to a restraint on alienation when written by a layperson.
a. A fee simple absolute can be created by reference to a restraint on alienation regardless whether it is written by a layperson.
A life estate pur autre vie is a permissible restraint on alienation.
While cleaning the waiting room at a doctor’s office, a privately contracted janitorial service found a wallet on the end table near the front door. The nurse took the wallet from the janitor who found it and put it in the break room. Later the receptionist found the wallet in the break room on the counter and put it in her purse. Who has superior right to the wallet over all but the true owner provided that the doctor was running his own business?
The janitor.
The nurse.
The receptionist.
The doctor.
No one.
William, a second-year law student, suffers from a life-threatening illness. He is currently under treatment but in contemplation of the worst he drafts a short handwritten will that states, “to my sister Samantha I give my ownership interest in Blueacre in full when I die; however, if Samantha ever tries to transfer that interest, then to my mother, Daniella.” He hands the will to Samantha and tells her to keep the will safe in case the treatment doesn’t work. William dies from his illness. Assuming the will is valid, which of the following is a true statement?
Samantha holds a life estate, but only if the court applies the Texas presumption on interpreting wills written by laypeople.
Samantha holds a fee simple absolute because Daniella's interest violates the What-Might-Happen test of the Rule Against Perpetuities.
Samantha holds a fee simple absolute because the prohibition on transfer is an absolute restraint on alienation.
Samantha holds a fee simple subject to condition subsequent, and Daniella owns a shifting executory interest in fee simple absolute.
William made a valid gift causa mortis.
Ophelia conveys Blueacre “to the City of Houston so long as Blueacre is used for a zoo.” The City uses the land for a zoo for one hundred years, then begins negotiations to convey the land to the organization Friends of the Houston Zoo (“Friends”). Friends plans to continue to operate Blueacre as a zoo. You are the lawyer for Friends. Which of the following is the best advice for Friends?
Friends should not buy the land because the City’s interest will terminate as soon as the City transfers title to Friends.
Once the conveyance is complete, Friends can use the land for any purpose because Ophelia’s interest is invalid under all three types of the Rule Against Perpetuities.
Friends can buy a valid interest in the land, but it will only retain title if it uses the land for a zoo.
Friends cannot purchase a valid interest in Blueacre without Ophelia's consent.
Joel and Mark, brothers, share ownership of a house. When Joel dies, Mark has sole ownership of the property. How was the house owned prior to Joel's death?
Tenancy by the entirety.
Joint tenancy.
Tenancy in common.
Tenancy in severalty.
Alicia and Bart are married in a common law marital property state. The next day, Bart dies. Before Bart died, his estate consisted of Blueacre (which he held in fee simple determinable), Redacre (which he held in life estate), Greenacre (which he held in fee simple absolute, but as a joint tenancy with his son Charles), and $500,000 in cash, stocks, bonds, and other personal property. Assume Charles the son is still alive. In a jurisdiction that follows the common law rules regarding distribution of property at death, what will Alicia receive when Bart’s estate is distributed?
A life estate in Blueacre, a life estate in Redacre, and one-third of the personal property.
One-third of the personal property and a life estate in one-third of Blueacre.
One-third each of Blueacre, Redacre, and Greenacre, and one-third of the personal property.
Nothing, because they had been married only one day, which is not enough time for death benefits to accrue under the common law system.
A husband and wife own property as tenants by the entirety. A victim of a car accident has a judgment against the wife after a court found she was negligent in causing a car accident that injured the victim. The victim properly filed the judgment and has a lien on the wife’s real property. The victim sues to enforce the lien on the tenants by the entirety. Who owns the land?
The husband, but only in a Group III jurisdiction.
The husband and the creditor, but only in a Group I jurisdiction.
The creditor, but only in a Group II jurisdiction.
The husband, but only in Group I or Group III jurisdictions.
Tammy devises Blueacre “to my brother Abe for life, then to my daughter Billie.” Abe fails to pay property taxes on Blueacre, and Blueacre is sold at a tax sale. Abe’s stepson Carl purchases the land. If the evidence shows that Abe deliberately failed to pay the property taxes to divest Billie of her remainder, which of the following is a true statement?
Abe has committed ameliorative waste because he has increased the value of Blueacre by creating a fee simple absolute.
Abe has committed permissive waste because he intentionally permitted the taxes to lapse, which decreased the value of Billie’s remainder.
Abe has committed affirmative waste because he has decreased the value of Billie’s remainder.
Abe has no liability for waste, because only leasehold tenants are subject to actions for waste.
Homer and Wanda are married in a common law marital property state that recognizes dower and curtesy. During marriage, Homer purchases Blueacre in fee simple absolute with his earnings. He takes title as joint tenants with right of survivorship with his brother, Ben. Homer and Wanda had no children. Homer dies. What is the state of Blueacre’s title?
Ben owns two-thirds of Blueacre outright, but only a vested remainder in one-third. As to that third, Wanda holds a life estate because of her dower right.
Wanda holds a life estate in Blueacre because of her dower right, and Ben holds a vested remainder.
Wanda and Ben own Blueacre as tenants in common.
Ben owns Blueacre because of his right of survivorship.
Hunter and Willa, husband and wife, live in Arcadia, a common law marital property state. They have no children. Arcadia has a modern elective forced share statute that entitles a surviving spouse to one-half of all of the decedent spouse’s real and personal property devisable by will or descendible by intestacy. Hunter and Willa own Blueacre as tenants by the entirety. Willa saves from her earnings $120,000 in Arcadia. Willa dies, devising all of her property to her sister, Sally. Who owns the $120,000 and Blueacre?
Sally gets $80,000. Hunter gets $40,000, and all of Blueacre.
Sally gets $60,000 and Willa’s half of Blueacre. Hunter gets $60,000 and Hunter’s half of Blueacre.
Sally gets $60,000. Hunter takes $60,000 and all of Blueacre.
Sally gets $120,000. Hunter gets no money, because he and Willa had no children, and all of Blueacre.
Oliver conveys Blueacre “to Anna when she retires.” Oliver dies, devising all of his property to Basil, and leaving a sole heir, Calista. Anna has not yet retired. Under the common law rule, who holds the possessory estate?
Basil, because he was devised Oliver’s interest.
Calista, because she inherited Oliver’s interest.
Anna, because she has her entire lifetime to meet the condition.
There is no possessory estate.
In 2021, Octavia conveys Blueacre “to Arthur for life, then to Blanche, but if Chase survives Arthur, to Chase.” Classify the conveyance.
Arthur has a life estate, Blanche has a contingent remainder in fee simple absolute, Chase has a contingent remainder in fee simple absolute, and Octavia has a reversion in fee simple absolute.
Arthur has a life estate, Blanche has a vested remainder in fee simple absolute, Chase has a contingent remainder in fee simple absolute, and Octavia has a reversion in fee simple absolute.
Arthur has a life estate, Blanche has a vested remainder subject to divestment in fee simple absolute, and Chase has a shifting executory interest in fee simple absolute.
Arthur has a life estate, Blanche has a vested remainder in fee simple subject to executory limitation, and Chase has a shifting executory interest in fee simple absolute.
Ophelia conveys Blueacre “to Angel for life, then to Barney if Barney gets a Ph.D.” Angel dies while Barney is a senior in high school. Who is entitled to possession and in what estate?
Ophelia holds a fee simple absolute because Barney did not meet the condition before Angel died.
Barney holds a fee simple subject to executory limitation which will solidify into a fee simple absolute if Barney gets a Ph.D.
Ophelia holds a fee simple subject to executory limitation that will be cut off if Barney gets a Ph.D.
Ophelia holds a fee simple absolute because Barney's interest is void under the What-Might-Happen test of the Rule Againt Perpetuities.
In 1400, Ojai conveys Blueacre “to Abdul and the heirs of his body, then to the heirs of Bae.” Classify the conveyance.
Abdul has a fee tail, Bae has a contingent remainder in fee tail, and Ojai has a reversion in fee simple absolute.
Abdul has a fee tail, Bae’s heirs have a contingent remainder in fee simple absolute, and Ojai has a reversion in fee simple absolute.
Abdul has a fee tail, Bae’s heirs have a contingent remainder in life estate, and Ojai has a reversion in fee simple absolute.
Abdul has a fee tail, and Bae’s heirs have a vested remainder in fee simple absolute.
Omari conveys Blueacre “to Adelaide, but if Biffard is awarded an honorary degree, to Biffard.” Biffard’s interest is a:
Vested remainder subject to divestment in fee simple absolute.
Vested remainder in fee simple subject to executory limitation.
Shifting executory interest.
Springing executory interest.
Olympia conveys Blueacre “to Artemis for life, then to the children of Bas, but if Bas does not have children who survive Artemis, to the children of Cleo.” Bas has one child, Demi. Classify the conveyance.
Artemis has a life estate, both Bas’s children and Cleo’s children have alternative contingent remainders in fee simple absolute, and Olympia has a reversion in fee simple absolute.
Artemis has a life estate, both Bas’s children and Cleo’s children have contingent remainders that are not alternative in fee simple absolute, and Olympia has a reversion in fee simple absolute.
Artemis has a life estate, Demi has a vested remainder subject to open in fee simple absolute, and Cleo’s children have a shifting executory interest in fee simple absolute.
Artemis has a life estate, Demi has a vested remainder subject to open and subject to divestment in fee simple absolute, and Cleo’s children have a shifting executory interest in fee simple absolute.
Olympia conveys Blueacre “to Artemis for life, then to the children of Bas, but if Bas does not have children who survive Artemis, to the children of Cleo.” Bas has one child, Demi. Demi dies intestate, leaving no spouse or issue. Artemis dies. Cleo does not yet have children. Who holds the possessory estate and how it is held?
Bas holds a fee simple subject to executory limitation.
Cleo holds a fee simple subject to executory limitation.
Olympia holds a fee simple subject to executory limitation.
Olympia holds a fee simple absolute.
Orion conveys Blueacre “to Anthony for life, then to Banda’s children, but if none of Banda’s issue survives Carter, to Carter.” Banda has one child, Deirdre. Deirdre has one child, Earnest. Deirdre dies intestate, leaving sole heir Earnest. Anthony dies. Which of the following is a true statement?
Carter holds a fee simple absolute because Deirdre died before Carter.
Carter holds a fee simple subject to executory limitation because Earnest might not survive Carter.
Earnest holds a fee simple subject to executory limitation because Earnest might not survive Carter.
Earnest holds a fee simple absolute because Earnest is Banda’s issue.
In 2021, Ozzie devises “to Amber for life, then to Burt, but if Cathy graduates from law school, to Cathy." Amber dies when Cathy is still in law school. Who holds the possessory estate and why?
Burt has a fee simple absolute because Cathy did not graduate from law school before Burt was eligible to take the land.
Burt has a fee simple subject to executory limitation because Cathy might graduate from law school.
Cathy has a fee simple subject to executory limitation because she might graduate from law school.
Ozzie holds a fee simple subject to executory limitation because Cathy might graduate from law school.
Oprah conveys “to Abraham for life, then to Benji, but if Benji fails to use the land for religious purposes, to Caesar.” Classify the conveyance.
Abraham has a life estate, Benji has a vested remainder in fee simple subject to executory limitation, and Caesar has a shifting executory interest in fee simple absolute.
Abraham has a life estate, Benji has a vested remainder subject to divestment in fee simple absolute, and Caesar has a shifting executory interest in fee simple absolute.
Abraham has a life estate, Benji has a vested remainder subject to open and subject to divestment in fee simple absolute, and Caesar has a shifting executory interest in fee simple absolute.
Abraham has a life estate, Benji has a contingent remainder in fee simple absolute, Caesar has a contingent remainder in fee simple absolute, and Oprah has a reversion in fee simple absolute.
In 1400, Oscar conveys Blueacre "to Abigail for life, then to Bartholomew, but if Bartholomew uses Blueacre to plant tobacco, to Cleo." What interest does Bartholomew hold?
Remainder in fee simple subject to condition subsequent
Remainder in fee simple absolute
Remainder in fee simple subject to executory limitation
Remainder in life estate.
In 2019, Olivia conveys Blueacre "to Alan, but if Alan dies before reaching 21, to Belinda." Classify the conveyance.
Alan holds a life estate, and Belinda holds a remainder in fee simple subject to executory limitation.
Alan holds a fee simple determinable, and Belinda holds a possibility of reverter in fee simple absolute.
Alan holds a fee simple subject to executory limitation, and Belinda holds an executory interest.
Alan holds a fee simple absolute because a condition subsequent can only be based on a land use condition.
In 2019, Orville conveys Blueacre "to Alana and her heirs, then to Bill and his heirs when Bill turns 30." Bill dies when he is 25. Who owns the land?
Alana
Bill's heirs
Orville
Alana's heirs
Ovid conveys Blueacre "to the Houston Independent School District so long as Blueacre is used for a School for the Performing Arts." HISD uses the land for a School for the Performing Arts. Ovid sells his remaining interest to Anna. Ovid dies, leaving no kin but his son Brett. Ovid's will devises all of his real property to his friend Creel. Ten years later, HISD converts the school to a magnet school for technology. In a jurisdiction that follows the modern trend of cases, who owns Blueacre?
HISD
Creel
Brett
Anna
Tim devises Blueacre "to my spouse Chris for life, then to my children Able and Bailey per stirpes." Able has two children, Drew and Evelyn. Able dies, then Chris dies. Who owns Blueacre?
Bailey only.
Drew and Evelyn in equal shares.
Bailey, Drew, and Evelyn in equal shares.
Bailey owns 50%, and Drew and Evelyn own 25% each.
Olaf conveys "to Arthur for life, then to Binda until she graduates from law school." Classify the conveyance.
Arthur has a life estate, and Binda has a remainder in fee simple absolute.
Arthur has a life estate, Binda has a remainder in fee simple determinable, and Olaf has a reversion in fee simple absolute.
Arthur has a life estate, Binda has a remainder in fee simple determinable, and Olaf has a possibility of reverter in fee simple absolute.
Arthur has a life estate, Binda has a remainder in fee simple determinable, and Olaf has a right of re-entry in fee simple absolute.
In 2023, O'Malley conveys Blueacre "to Asha, but if Blake turns 18, to Blake." Classify the conveyance.
Asha has a life estate, Blake has a remainder in fee simple absolute, and O'Malley has a reversion in fee simple absolute.
Asha has a fee simple subject to condition subsequent, Blake has an executory interest, and O'Malley has a right of re-entry in fee simple absolute (in case Blake does not turn 18).
Asha has a fee simple determinable, Blake has an executory interest, and O'Malley has a possibility of reverter iin fee simple absolute (in case Blake does not turn 18).
Asha has a fee simple subject to executory limitation, and Blake has an executory interest in fee simple absolute.
In 2023, Trina devises "to Anita for life, then to Bob, but if Cathy turns 21, to Cathy." Anita dies before Cathy turns 21. What interest does Bob hold?
Bob holds a life estate.
Bob holds a fee simple absolute.
Bob holds a fee simple subject to condition subsequent.
Bob holds a fee simple subject to executory limitation.
Ted devises "to Alex and the heirs of his body, but if Alex does not have issue, to Bianca and her heirs if Bianca graduates from law school." Alex has one child, Carter. In a jurisdiction that recognizes all traditional estates in land, which of the following is a correct statement?
Carter holds a remainder in fee tail.
Bianca's interest was prohibited prior to 1536.
The grantor holds no interest in this conveyance.
Ted is dead.
Olive conveys "to Asha for life, then to Boris if Boris graduates from law school." What interest does Boris hold?
A remainder in fee simple subject to condition subsequent.
A remainder in fee simple subject to executory limitation.
A remainder in fee simple absolute.
A remainder in fee simple determinable.
