MPOETC Property Law & Real Estate 4 — Questions and Answers
Question 1: A person breaks into a storage unit and steals tools worth $4,500. Under Pennsylvania grading, this theft is a:
- Summary offense
- Misdemeanor of the first degree
- Felony of the third degree (Correct answer)
- Felony of the second degree
Correct answer: Felony of the third degree
Theft of property valued between $2,000 and $25,000 in Pennsylvania is graded as a felony of the third degree.
Question 2: Which of the following best describes 'curtilage' in the context of property law?
- Land beyond the fence line of a farm
- The area immediately surrounding a home that shares its intimate activities (Correct answer)
- Commercial property attached to a residence
- Public land adjacent to private property
Correct answer: The area immediately surrounding a home that shares its intimate activities
Curtilage is the area immediately surrounding and associated with the home, which enjoys Fourth Amendment protection similar to the home itself.
Question 3: A person uses deception to trick an elderly homeowner into signing over the deed to their house. This conduct is best characterized as:
- Theft by extortion
- Theft by deception (Correct answer)
- Criminal mischief
- Forgery
Correct answer: Theft by deception
Theft by deception (18 Pa. C.S. § 3922) involves intentionally creating false impressions to obtain property from another.
Question 4: When police respond to a property damage complaint, which factor is MOST important in determining the grade of criminal mischief?
- The motive of the offender
- The monetary value of the damage (Correct answer)
- Whether the property was insured
- The time of day the damage occurred
Correct answer: The monetary value of the damage
Pennsylvania grades criminal mischief based on the dollar value of the property damaged or destroyed.
Question 5: A tenant has lived in an apartment for 10 years with a month-to-month lease. The landlord provides a 15-day notice to vacate. Under Pennsylvania law, what is the proper notice period for this tenancy?
- 7 days
- 15 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Under Pennsylvania's Landlord-Tenant Act, a month-to-month tenant is entitled to a 15-day written notice, but for tenants who have lived over one year, 30 days is required.
Question 6: An officer finds a person removing copper pipes from an abandoned building. Without additional facts, what offense should the officer first consider?
- Simple trespass only
- Theft of property and criminal trespass (Correct answer)
- Criminal mischief only
- Disorderly conduct
Correct answer: Theft of property and criminal trespass
Entering an abandoned building without permission constitutes criminal trespass, and removing pipes constitutes theft of property (scrap metal theft).
Question 7: A lien placed on a property ensures that:
- The owner cannot rent the property
- A creditor has a legal claim against the property until a debt is satisfied (Correct answer)
- The property reverts to the government upon death of the owner
- The property value is frozen for tax purposes
Correct answer: A creditor has a legal claim against the property until a debt is satisfied
A lien is a legal claim or encumbrance on property that must generally be satisfied before the property can be sold or transferred free and clear.
MPOETC Property Law & Real Estate 4
A person breaks into a storage unit and steals tools worth $4,500.
Under Pennsylvania grading, this theft is a: