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Flashcards in Custom Quick CHapter 3 Deck (122)
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121

A farm where a crop of corn was growing was sold. During the entire transaction, neither the buyer nor seller discussed who was going to harvest the corn. The man who purchased the property assumed that the corn was his but the seller had plans to harvest the crop at a later time. Under these circumstances,
A) if the buyer wanted the corn, he should have specified this in the sales agreement.
B) the corn is considered real property; therefore the seller had no right to it.
C) the seller does not have a right to harvest the corn because he left the property even though his intentions were there.
D) the seller has the right to harvest the corn because his intention is the controlling factor.

B) the corn is considered real property; therefore the seller had no right to it.
As between buyer and seller, strict interpretation of "real property" is given if there is no specific agreement otherwise. Until the corn is sold, harvested, or mortgaged, it is real property on the land of a seller who cultivated it. (On leased land, the lessee has the right to the crop.) Growing crops are part of the second category of real property: things attached to land.

122

Three persons hold undivided interests in real property as tenants in common. This most likely means that they
A) hold equal shares.
B) cannot locate their particular interests in the property.
C) hold unequal shares.
D) took title at the same time.

B) cannot locate their particular interests in the property.
Undivided interest means that owners cannot locate their particular interests in a property. All owners have access to every portion of the property. For example, an owner with a 10% share owns 10% of every inch of the property, not an identifiable 10% section of the property. The incorrect answer choices relate to tenants in common. Tenants in common may or may not have equal shares, and they are not required to take title at the same time. Equal shares and a unity of title are requirements of a joint tenancy.