MPOETC Property Law & Real Estate 3 — Questions and Answers
Question 1: A homeowner discovers a squatter living in their vacant house. The squatter has been there only one week. What is the proper police response?
- Advise the owner to change the locks immediately
- Arrest the squatter for criminal trespass if elements are met (Correct answer)
- Inform the owner they must obtain a civil eviction order before removal
- Remove the squatter as a civil matter without arrest authority
Correct answer: Arrest the squatter for criminal trespass if elements are met
A short-term squatter who lacks permission to enter or remain may be arrested for criminal trespass without a civil eviction proceeding.
Question 2: Which element is NOT required to establish criminal trespass under 18 Pa. C.S. § 3503?
- Entering or remaining on property
- Knowledge that entry is unlicensed
- Intent to commit a crime inside (Correct answer)
- Disregarding a communication to leave
Correct answer: Intent to commit a crime inside
Criminal trespass does not require intent to commit a further crime inside — that additional element is what distinguishes burglary.
Question 3: A mortgage holder initiates legal action to take ownership of property after the borrower defaults on payments. This legal process is called:
- Eminent domain
- Foreclosure (Correct answer)
- Escheat
- Lis pendens
Correct answer: Foreclosure
Foreclosure is the legal process by which a lender seeks to recover the balance owed on a defaulted loan by forcing the sale of the mortgaged property.
Question 4: During a domestic incident, a husband locks his wife out of the marital home and refuses to let her retrieve clothing or medication. Police should:
- Treat it as purely a civil matter and leave
- Arrest the husband for burglary
- Facilitate access for the wife to retrieve essential items and document the incident (Correct answer)
- Advise the wife to obtain a court order before returning
Correct answer: Facilitate access for the wife to retrieve essential items and document the incident
Officers should facilitate access to essential personal property in domestic disputes and document the incident while advising on legal remedies.
Question 5: A property owner verbally tells a neighbor they may park on their land anytime. This type of temporary, revocable permission is called a:
- License (Correct answer)
- Easement appurtenant
- Fee simple
- Deed restriction
Correct answer: License
A license is a personal, revocable permission to use another's land that does not create a property interest.
Question 6: An officer responds to a report of a landlord threatening to turn off a tenant's heat unless back rent is paid. This conduct by the landlord may constitute:
- Legal lease enforcement
- Constructive eviction / illegal self-help (Correct answer)
- Lawful utility management
- Breach of contract only
Correct answer: Constructive eviction / illegal self-help
Intentionally removing essential services like heat to force a tenant out is considered illegal self-help (constructive eviction) in Pennsylvania.
Question 7: The government's power to take private property for public use with just compensation is known as:
- Escheat
- Adverse possession
- Eminent domain (Correct answer)
- Foreclosure
Correct answer: Eminent domain
Eminent domain is the constitutional authority allowing government to take private property for public use upon paying just compensation to the owner.
MPOETC Property Law & Real Estate 3
A homeowner discovers a squatter living in their vacant house.
The squatter has been there only one week.
What is the proper police response?