Answer Choice 1	Answer Choice 2	Answer Choice 3	Answer Choice 4	Selected Answer
Question 1:  Mike owns a house. He decides to build a well in his backyard and pump enough water for himself and his family to use each day. Mike's neighbor sues Mike, claiming that Mike has no right to take the ground water, which is a resource that belongs to the community as a whole, and not just to Mike. Who will win the case?
Mike's neighbor, because well water may not be extracted without the permission of all the neighbors	Mike, because his water usage certainly appears to be reasonable	Mke can use the well, but must also allow his neighbor access to the well that Mike has dug.	Mike, because no jurisdiction has any restrictions on how much well water may be taken from the ground
Question 2:  On January 1, 2004, Ross and Monica both sign a contract under which Ross agrees to sell his Manhattan apartment to Monica for $300,000. The closing is set for June 1, 2004. On March 1, 2004, Ross changes his mind and tells Monica that he no longer wishes to sell the apartment. The apartment has a fair market value of $500,000. Monica sues, and asks a court to force Ross to sell the apartment to her for $300,000. Can the court order Ross to do so?
No, but Monica can collect $200,000 in breach of contract damages	Yes, because specific performance is available where a contract for the sale of land has been breached.	No, because the apartment is worth more than the contract price	No, because specific peformance will not be available where monetary remedies will suffice
Question 3:  Zoning laws are generally passed by...
federal authorities	state authorities	international authorities	local authorities (e.g. towns and cities)
Question 4:  Nick and Neldeen are neighbors. Neldeen grants Nick an easement that allows Nick to park his car on Neldeen's lawn because Nick has no driveway or garage. Later, Nick sells his house to Barry. May Barry park his car on Neldeen's property?
Yes, but only if Nick paid fair market value for the easement	No, because the easement was personal to Nick	No, because the easement is an easement in gross	Yes, because an easement appurtenant runs with the servient tenement
Question 5:  Nick and Neldeen are neighbors. Neldeen grants Nick an easement that allows Nick to park his car on Neldeen's lawn because Nick has no driveway or garage. What kind of easement does Nick hold?
An affirmative easement in gross	A negative easement appurtenant	An affirmative easement appurtenant	A negative easement in gross
Question 6:  Margaret owns a house in the state of Wisconsin. One day, a state official tells Margaret that the state is taking away Margaret's land because the state needs the land to build a cell phone tower for the benefit of the people of the surrounding area. Margaret goes to court to try to stop this action. Who will prevail?
Margaret, because Wisonsin is not it's own sovereign and so does not have the power of eminent domain	The state, but the state must pay Margaret just compensation for her house	Margaret, because the Fifth Amendment prevents the government from taking private people's lands	The state, and the state need not pay Margaret just compensation for her house
Question 7:  Which of the following mortgage holders has the strongest priority in a case of multiple mortgages?
The holder of the mortgage that was first in time	None of these are correct; all mortgages are of equal priority	The holder of the mortgage that was last in time	The holder of 'purchase money mortgage'
Question 8:  The purposes of a recording system include all of the following EXCEPT:
Allowing buyers to research whether there are any mortgage liens that apply to the property that they are considering buying	Allowing buyers to obtain financing that they need to purchase homes	Allowing buyers to have proof of the transaction	Allowing buyers to research whether there are any defects in the title of property that they are considering buying
Question 9:  A difference between a real covenant and an equitable servitude is...
A real covenant requires consideration to be binding, while an equitable servitude does not.	A real covenant can never run with the land, while a equitable servitude can	An equitable serivtude is generally enforceable by injunction, while a real covenant is enforceable with monetary damages	A real covenant is irrevocable, while an equitable servitude is revocable at any time by any party.
Question 10:  Adrianna takes out a $300,000 mortgage from Citibank. Citibank assigns the mortgage to Chemical Bank. Assume that Chemical Bank is a 'holder in due course' of the mortgage. If Chemical tries to foreclose on Adrianna's house, which of the following defenses could Adrianna use against the foreclosure action?
Unconscionability	Lack of consideration	Forgery	Fraud in the inducement (Citibank lied to her)
Question 11:  John owns Bigacre. One day, he divides Bigacre into two smaller parcels, called Smallacre and Smalleracre. John sells Smallacre to Betty and Smalleracre to Bob. It turns out that Bob has no access to any roadway from Smalleracre without crossing over Smallacre's property. Should Bob automatically get an easement to cross Smallacre?
Yes; he probably would receive an easement by prescription	No; if he wanted an easement, he should have had one incorporated into the deed from John	Yes; he probably would receive an easement by implication (necessity)	Yes; he would automatically receive an express easement
Question 12:  Michelle owns Blackacre, a parcel of land in the fictituous state of Xanadu. The statutory period of adverse possession in the state of Xanadu is 20 years. In 1980, Bob moves onto Blackacre without Michelle's permission. In 1990, Bob conveys Blackacre to Jane by deed. In 2003, Michelle wants to throw Jane off Blackacre. Jane claims that she now owns Blackacre by adverse possession. Is Jane correct?
No, because she only possessed Blackacre for 13 years	No, because Bob never had permission to enter Blackacre	No, because Jane never had permission to enter Blackacre	Yes, because Jane's possession can 'tack' onto Bob's possession to complete the adverse possession
Question 13:  Which type of deed offers the most protection to the buyer of a parcel of land?
Special warranty deed	Quitclaim deed	General warranty deed	All of these deeds offer equal protection to the buyer
Question 14:  On April 1, Owen sells Thiefacre to Mike. On April 5, Owen sells Thiefacre to Gully. Gully did not know of the previous sale to Mike and both Mike and Gully paid fair market value to Owen. On April 10, Mike records his deed. On April 15, Gully records his deed. Owen runs away to Tahiti and cannot be sued. As between Mike and Gully, who owns Thiefacre?
Mike, if the jurisidction is a 'notice' jurisdiction, but Gully, if the jurisidction is a 'race-notice' jurisdiction	Gully, in any jurisdiction	Gully, if the jurisidction is a 'notice' jurisdiction, but Mike, if the jurisidction is a 'race-notice' jurisdiction	Mike, in any jurisdiction
Question 15:  George owns Yankee Stadium. One day, Zim asks George if he could go into the stadium with his grandson to play catch on the field. George agrees. What has Zim received?
A license to play catch on the field	An equitable servitude that provides that George will allow Zim to play on the field	A real covenant that provides that George will allow Zim to play on the field	An easement to play catch on the field
Question 16:  Donald contracts with Ivana on November 1 that Ivana will buy Trump Plaza for $10,000,000. The closing is sceduled for December 1. On November 20, a huge 'freak of nature' tidal wave from the Atlantic Ocean sweeps the Trump Plaza into the sea. Donald insists that Ivana still cough up the $10,000,000. Ivana claims that she should be able to void the contract. Under the doctrine of 'equitable conversion,' who is correct?
Ivana, because Donald still had equitable title to the hotel	Ivana, because Donald breached the 'implied warranty of habitability' by failing to turn over the hotel at the time of the closing	Donald, because the risk of loss passes to the buyer when the contract is signed, under the doctrine of equitable conversion	Ivana, because Donald still had legal title to the hotel
Question 17:  Which of the following is NOT required for an adverse possession to be successful?
Permission to enter and remain on the land	Open and notorious possession	Continuity of possession	Exclusive possession
Question 18:  Michelle owns Blackacre, a parcel of land in the fictituous state of Xanadu. The statutory period of adverse possession in the state of Xanadu is 20 years. In 1980, Bob moves onto Blackacre without Michelle's permission. In 1990, Michelle goes over to Bob and demands that Bob leave Blackacre at once. Bob complies. In 1991, Bob moves back onto Blackacre and possesses Blackacre until 2003. Michelle wants to evict Bob in 2003. Has Bob acquired title to Blackacre?
Yes; because Michelle obviously allowed him to move back on to Blackacre	No; because Bob's possession for 20 years was not continuous	No; because Bob had no permission to move onto Blackacre in the first place	Yes; because Bob possessed Blackacre for 20 years
Question 19:  A Bank, B Bank and C Bank each hold a mortgage on Whiteacre. A's mortgage is superior to B's mortgage, which, in turn, is superior to C's mortgage. B bank brings a foreclosure action and forcloses on Whiteacre. Which bank's mortgage DOES NOT become extinguished?
All of the mortgages are extinguished	A's	B's	C's
Question 20:  A real estate 'broker' is a person who...
Buys a parcel of real estate for the purpose of turning around and selling it for a profit	Lends money to a person so that he or she can buy real estate	Insures that the seller of a parcel of real estate has good title to the property.	Finds a buyer for a parcel of land and negotiates the sale of the land to the buyer
Essay Question:   Describe, in your own words what the policy reasons are behind allowing ownership of property to be acquired by adverse possession. (Please limit your response to no more than approximately 100 words).
Essay Question:   In what kind of situation would it be advantageous for a group of homeowners negotiating a homeowners' association agreement to agree to form an equitable servitude rather than a real covenant? (Please limit your reponse to no more than 100 words.)
Essay Question:   EXTRA CREDIT: How does a "race-notice" statute combine the goals of protecting good faith purchasers and encouraging people to record their deeds? (Please limit your reponse to no more than approximately 100 words.)