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118. A hostile user of another person's land may come to own the property or an easement through:
a. hostile possession
b. land use possession
c. regular use clauses
d. adverse possession
e. none of the other choices are correct
119. A hostile user of another person's land may come to own the property or an easement through:
a. hostile possession
b. land use possession
c. regular use clauses
d. allotted possession
e. none of the other choices are correct
120. A hostile user is someone who:
a. has no right to occupy or use an estate and does so without permission
b. has limited rights to occupy or use an estate
c. has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way
d. was granted rights to use an estate by a previous estate owner
e. none of the other choices are correct
121. A hostile user is someone who:
a. has government-given rights to occupy or use the private estate of another person
b. has limited rights to occupy or use an estate
c. has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way
d. was granted rights to use an estate by a previous estate owner
e. none of the other choices are correct
122. A(n) is someone who has no right to occupy or use an estate and does so without permission.
a. real user
b. false user
c. antagonistic user
d. illegal user
e. hostile user
123. A(n) is someone who has no right to occupy or use an estate and does so without permission.
a. real user
b. false user
c. antagonistic user
d. illegal user
e. none of the other choices are correct
124. Which of the following is not a characteristic of adverse possession?
a. it is hostile use of another person's land
b. the adverse user has no legal right to occupy the land
c. the use of land is exclusive
d. the possession of the land is continuous
e. all of the other choices are characteristics
125. Which of the following is not a condition to establish adverse possession:
a. open possession
b. periodic possession
c. actual possession
d. exclusive possession
e. hostile possession
126. Which of the following is not a condition needed to establish adverse possession:
a. open possession
b. actual possession
c. exclusive possession
d. hostile possession
e. all of the other choices are needed to establish adverse possession
127. Which of the following conditions must be met in order for someone to claim land by adverse possession? The
adverse user:
a. has occasional exclusive control of the land
b. shares the land with others
c. has the real owner's permission to be there
d. uses the land in a visible manner
e. uses the land secretly
128. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an
easement for access to his house, the courts held that:
a. a prescriptive easement was created by fraud
b. Sims had no right to demand an easement
c. public policy required Sims to be given an easement so he could get to his house
d. Sims had a prescriptive easement due to long access to the property
e. none of the other choices
129. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an
easement for access to his house, the courts held that:
a. an easement cannot be created by fraud
b. Sims had no right to demand an easement
c. public policy required Sims to be given an easement so he could get to his house
d. Sims did not have an easement, but Moran could not block Sims from driving to get to his property, so he had
an equitable right to access his property
e. none of the other choices
130. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an
easement for access to his house, the courts held that:
a. an easement cannot be created by fraud
b. Sims had no right to demand an easement
c. public policy required Sims to be given an easement so he could get to his house
d. Sims had a claim of ownership since he had purchased gravel for the driveway
e. none of the other choices
131. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an
easement for access to his house, the courts held that:
a. an easement cannot be created by fraud
b. Sims had no right to demand an easement
c. public policy required Sims to be given an easement so he could get to his house
d. Sims's use of the driveway since 1985 had been open, notorious and visible
e. none of the other choices
132. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an
easement for access to his house, the courts held that Sims had a prescriptive easement because he fulfilled which
of the following conditions:
a. his use of the driveway was open, notorious and visible
b. his use of the driveway was hostile because there was no evidence of consent from the previous owners
c. he had a claim of ownership because he bought gravel for the driveway
d. his use of the driveway since 1985 had been open, notorious and visible
e. all of the other specific choices are correct
133. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for the
right of access to his house, the courts held that Sims had a prescriptive easement. That is a form of:
a. fraud
b. adverse possession
c. tenancy in common
d. life estate
e. quitclaim deed
134. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for the
right of access to his house, the courts held that Sims had a prescriptive easement. That is a form of:
a. fraud
b. quitclaim deed
c. tenancy in common
d. life estate
e. none of the other choices
135. A covenant may be described as:
a. a promise that attaches to real property
b. a positive obligation for an estate owner to do something
c. a negative obligation for an estate owner not to do something
d. an obligation imposed on a new owner of property
e. all of the other choices
136. A covenant is:
a. an agreement attached to a piece of land that "runs" with the land
b. an agreement attached to a moveable piece of property that can only be undone by a state supreme court
c. an unwritten promise between landowners
d. the first step in bringing a property suit to court
e. none of the other choices are correct
137. A covenant is:
a. the same thing as a title
b. an agreement attached to a moveable piece of property that can only be undone by a state supreme court
c. an unwritten promise between landowners
d. the first step in bringing a property suit to court
e. none of the other choices are correct
138. A means by which owners of estates in land can make agreements that bind their successors is called a:
a. lien
b. covenant
c. mortgage
d. possessory
e. none of the other choices are correct
139. A means by which owners of estates in land can make agreements that bind their successors is called a(n):
a. lien
b. estate limitation
c. mortgage
d. possessory
e. none of the other choices are correct
140. A binding obligation that goes with property when it is transferred to a new owner, who must abide by the
obligation, is called a:
a. lien
b. covenant
c. mortgage
d. possessory
e. none of the other choices are correct
141. A binding obligation that goes with property when it is transferred to a new owner, who must abide by the
obligation, is called a(n):
a. lien
b. estate limitation
c. mortgage
d. possessory
e. none of the other choices are correct
142. Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall
erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is:
a. an easement
b. a covenant
c. a coven
d. a seisin
e. a remainder
143. Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall
erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is:
a. a form of adverse possession
b. a remainder
c. a profit
d. a seisin
e. none of the other choices
144. In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet,
brick construction, with no dog houses. These terms are:
a. covenants
b. easements
c. profits
d. leases
e. deeds
145. In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet,
brick construction, with no dog houses. These terms are called:
a. deeds
b. joint conditions
c. profits
d. common tenancies
e. none of the other choices
146. Which of the following is an example of a covenant:
a. only single-family homes allowed in a sub-division
b. only pastel paint colors may be used on houses in a sub-division
c. no houses in a sub-division may have dog kennels
d. no houses in a sub-division may have fences
e. all of the other specific choices are correct
147. A covenant that is attached to all houses in a neighborhood built in the 1950s states that the houses may not be sold
to "members of any minority race." This covenant is:
a. enforceable since it was voluntarily agreed to by the buyers and sellers
b. not favored by public policy and so will expire when the houses are torn down
c. in violation of public policy and so not enforceable
d. in violation of public policy and, under federal law, requires home owners to pay $1,000 a year fines until
removed
e. none of the other choices
148. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common
road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger
claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held
that:
a. Hollinger granted the lot owners an easement as part of the sale of the land, which included use of the road
and trails leading from the road
b. Hollinger could not block access to the trails without permission of the lot owners because they had used
the trails for so many years
c. the lot owners had no easement that allowed use of the trails as they were on private property
d. the lot owners could establish easements by adverse possession to use the trail if they showed open use of
the trails for at least seven years
e. none of the other choices
149. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common
road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger
claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held
that:
a. Hollinger granted the lot owners an easement as part of the sale of the land, which included use of the road
and trails leading from the road
b. Hollinger could not block access to the trails without permission of the lot owners because they had used
the trails for so many years
c. the lot owners had an easement by adverse possession that allowed use of the trails as they openly used
the trails for more than seven years
d. the lot owners could establish easements by adverse possession to use the trail if they showed open use of
the trails for at least seven years
e. none of the other choices
150. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common
road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger
claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held
that:
a. restrictive covenants did not establish easements for the lot owners
b. restrictive covenants established the right of lot owners to use the trails
c. easements that ran with the land attach to property that is "commonly attached" which includes the road
and trails
d. restrictive covenants have no true legal power in Montana
e. none of the other choices are correct
151. If you rent an apartment, the apartment is known as:
a. a renthold
b. a leasehold
c. a lease in absentia
d. a defeasement
e. a retainer
152. If you rent an apartment, the apartment is known as:
a. a renthold
b. a retainer
c. a lease in absentia
d. a defeasement
e. none of the other choices are correct
153. A leasehold is:
a. the interest a person holds in rented property
b. the person who leases a piece of property to another person
c. the person who holds a lease on a piece of property
d. the legal document that details the terms of a lease
e. none of the other choices are correct
154. A leasehold is:
a. a set of limitations on lease holders
b. the person who leases a piece of property to another person
c. the person who holds a lease on a piece of property
d. the legal document that details the terms of a lease
e. none of the other choices are correct
155. A lease is a(n):
a. payment for use of an estate
b. unwritten, informal agreement concerning use of a piece of property
c. agreement between a landlord and the court system
d. agreement that creates a leasehold out of an estate and contains conditions
e. none of the other choices are correct
156. To enforce the provisions of a lease, most courts prefer a lease to include:
a. how much rent is due
b. a description of the rented property
c. the identity of the parties
d. the length (in time) the lease is in effect
e. all of the other choices
157. In general, leases should include which of the following:
a. the identities of the parties involved
b. a description of the premises being leased
c. how long the lease will be in effect
d. how much rent is to be paid
e. all of the other specific choices are correct
158. In general, leases should include which of the following:
a. the average taxes due on the property each year
b. the name of the original owner of the property
c. how long the lease will be in effect
d. all of the other specific choices are correct
e. none of the other specific choices are correct
159. In general, leases should include which of the following:
a. the average taxes due on the property each year
b. the name of the original owner of the property
c. a description of the premises being leased
d. all of the other specific choices are correct
e. none of the other specific choices are correct
160. In general, leases should include which of the following:
a. the average taxes due on the property each year
b. the name of the original owner of the property
c. the identities of the parties involved
d. all of the other specific choices are correct
e. none of the other specific choices are correct
161. Among the rights and duties of a landlord are:
a. the right to constructively evict
b. the duty to pay in a timely manner
c. the right to inspect the property at any time
d. the duty to make essential repairs
e. none of the other choices
162. During the term of the lease the has the right of possession of the property.
a. landlord
b. leasehold
c. tenant
d. court
e. none of the other choices are correct
163. During the term of the lease the has the right of possession of the property.
a. landlord
b. leasehold
c. designated proxy
d. court
e. none of the other choices are correct
164. Leased property is assumed at law to have:
a. an implicit warranty of livelihood
b. an implied warranty of habitability
c. all taxes paid
d. luxurious furnishings
e. none of the other choices are correct
165. It is presumed at law that landlords:
a. protect tenants from known hazards
b. have no responsibility to tenants
c. protect tenants from all unforeseeable accidents
d. get along with their tenants
e. none of the other choices are correct
166. A landlord rented space to a furniture store that would provide a good business environment. The landlord rented
the next space to an exercise studio. The studio was very noisy, causing the furniture store to lose business. The
store owner complained to the landlord, who would do nothing. The store owner broke the lease before it was up
and was sued by the landlord. The court would be likely to hold that:
a. the furniture store owner suffered constructive eviction
b. the furniture store owner owed the landlord damages for early termination
c. the landlord owed the furniture store owner no duties to quite the studio
d. the landlord breached his duty of payment
e. none of the other choices
167. A landlord rented space to a furniture store and promised a good business environment. The landlord rented the
next space to an exercise studio. The studio was very noisy causing the furniture store to lose business. The store
owner complained to the landlord, who did nothing. The store owner broke the lease before it was up and was sued
by the landlord. The court would be likely to hold that:
a. the exercise studio may be liable for damages, but not the other parties
b. the furniture store owner owed the landlord damages for early termination
c. the landlord owed the furniture store owner no duties
d. the tenant should have soundproofed the walls if he did not like the noise
e. none of these
168. Tenants may not:
a. engage in illegal activities on a leased property
b. be a nuisance to neighbors
c. remove valuable property from the premises
d. all of the other specific choices are correct
e. none of the other specific choices are correct
169. The destruction of property by a tenant is called:
a. abuse
b. domain
c. waste
d. seizin
e. none of the other choices
170. The destruction of property by a tenant is called:
a. leasefeasor
b. domain
c. an eviction
d. seizin
e. none of the other choices
