Questions on Property and Land Law

Part I: On Property Law

1. Which of the following is the basis for the protection of property right in the Ethiopian
context?
A. The acknowledgement of natural rights.
B. The Universal Declaration of Human Rights.
C. The adoption of relevant Ethiopian laws by the competent government organ.
D. International resolutions.
E. The interest of the public.
2. Among the following alternatives, which one is a characteristic of patrimony?
A. A patrimony is vested on privileged persons.
B. Patrimony is attached to its holder.
C. Only capable persons have a patrimony.
D. A person can have more than one patrimony.
E. Patrimony can exist without a person to be a holder.
3. Which one of the following is not the economic rationale for recognizing the institution of
property?
A. Attaining efficient use of scarce resources
B. Prevention of overexploitation of things
C. Prevention of market dysfunction
D. Prevention of under-maintenance
E. Protection of the rights a person who invested his/her labor
4. Identify the correct statement(s) regarding ordinary and special movable things under
Ethiopian law.
A. Both movable and special movable goods are subject to same legal rules governing
acquisition and extinction of ownership.
B. Title to both ordinary and special movable things is in principle transferred up on transfer
of possession.
C. A movable thing is special movable if its transfer is regulated by special laws otherwise
than as provided under Article 1186(1) of the Civil Code.
D. Laptops are special movable things.
E. C&D
5. Which one of the following is different from the rest?
A. Tape recorder
B. Machinery
C. Aircraft
D. Motor vehicles
E. Ships
6. Identify property that does not qualify as movable in the Ethiopian legal system.
A. Trailers.

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 B. Materials to be used for building construction.
C. Materials taken from demolished buildings.
D. Business.
E. Toilet fixture in a room
7. Identify the correct statement regarding things classified as public domain under the
Ethiopian law.
A. Public domain is subject to acquisitive prescription.
B. Public domain is subject to usucaption.
C. A property classified by law as public domain cannot be declassified by law.
D. Even though the public has direct access to public domain, the state may impose fees to
cover administrative expenses.
E. Everything owned by the state is public domain
8. Which one of the following is correct regarding classification of things in the Ethiopian law?
A. Accessories are movable things by nature destined permanently for economic utilization
of only immovable things.
B. Immovable by destination is an immovable property destined permanently for economic
exploitation of another immovable thing.
C. Movable by anticipation is an immovable thing by nature subject to a transaction that
anticipates its removal and the law that governs transactions involving such things is the
one that is applicable to movable things.
D. Accessories are intrinsic elements.
E. C & D.
9. Identify the wrong statement about accessory things under the Ethiopian law?
A. The owner of a thing may put an end to the character of accessory of such a thing.
B. In principle, all transactions relating to things shall apply to accessories.
C. There is no accessory-principal relation if a thing is destined for economic use of another
for a brief period of time.
D. There cannot be principal accessory relation between immovable and moveable
properties.
E. The rights third parties have on a thing do not automatically come to an end by the mere
fact of the thing being destined for economic use of another.
10. How are special movable things distinguished from ordinary movables?
A. Title to ordinary movables is transferred up on conclusion of written contracts and
transfer of possession.
B. Transfer of title to special movables things is regulated otherwise than as provided under
Art. 1186 (1).
C. While movable things are definitely identifiable, one cannot tell in certainty what types of
things constitute special movables.
D. Special movables are immovable by their nature but subject to contracts that anticipates
their removal from immovable property.
E. The classification of things in to ordinary and special movables has no legal significance
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 except it simplifies our understanding of the notion of property.
11. Which one of the following is correct about immovable things in Ethiopia?
A. Only buildings and land are regarded immovable things.
B. A structure is classified as building as long as it serves a house irrespective of whether or
not it is affixed to land.
C. A structure should be affixed to or placed on land in a manner permanent in nature but its
foundation does not need to be integrated with soil to be regarded as a building.
D. Whether a structure is classified as a building depends on the materials from which it is
made.
E. The classification of land as immovable thing in the Civil Code has lost any merit due to
the constitutional change of the land tenure system.
12. Which of the following is incorrect about intrinsic elements under the Ethiopian law?
A. A thing will be regarded as intrinsic element of another only if the two things are
inseparably materially united.
B. A thing ceases to have its independent existence in the eyes of the law if it becomes
intrinsic element of another.
C. The rights of third parties on intrinsic elements will automatically extinguish if they
become intrinsic element of a thing belonging to another.
D. A person whose property has become intrinsic element of another will have claim for
damages against the later.
E. Any transaction affecting the principal things will be presumed to have an effect on its
accessories
13. The law governing ordinary movable things applies to:
A. Rights incorporated in all negotiable instruments.
B. Immovables by destination.
C. Movables by anticipation.
D. Rights incorporated in securities to bear.
E. C & D.
14. Identify incorrect statement (s) regarding possession in Ethiopia.
A. A possessor can protect his possession by bringing possessory action thereby proving his
titles to his property.
B. A Possessor whose possession is usurped forcefully can restore his possession by
applying proportionate force anywhere he meets the usurper.
C. Possession is understood in Ethiopia in terms of only a physical control a person may
have on a thing.
D. B & C.
E. All.
15. Which one of the following alternatives is true about protection of possession through use of
force?
A. Circumstances do not matter to use force.
B. The possessor should use force before any legal action.
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 C. Force can be used any time until the period for legal action is barred.
D. Any means or method can be used while using force.
E. The possessor or the holder should use a reasonable force..
16. Which one of the following alternatives is among the characteristics of ownership?
A. It is a narrow right.
B. It is a specific right.
C. It is a bundle of rights.
D. It is not an absolute right.
E. It is the subset of other rights.
17. For a person to acquire ownership through occupation in Ethiopia:
A. The object may be ordinary movable or special movable.
B. The object should not have had a master at any point in time previously.
C. Movables which are part of public domain are susceptible to occupation.
D. Farm animals become susceptible of occupation and the owner loses his title one month
after they escape his control.
E. Farm animals like oxen and camels will be property without master when the owner
failed to exercise his rights for ten years or when they are abandoned by the owner.
18. Which one of the following is correct about things lost under the Ethiopian law?
A. A thing cannot be said to be lost if an owner parts possession due to his negligence.
B. A person whose lost property is found by others has not obligation to reward the finder.
C. The amount of reward to the finder depends on the financial positions of the parties and
the likelihood that the owner would find the thing on his own.
D. The amount of reward in no case can be lesser than one-fourth of the value of the thing
found.
E. The finder is entitled to ownership of movables he found by prescription if he manages to
conceal and keep possession for a period of ten years.
19. What is the appropriate legal term used to represent a mode of acquisition of ownership in
the case where an individual cuts unprotected wild tree and claims ownership right over the
object?
A. Grabbing.
B. Transfer.
C. Possession in good faith.
D. Possession free of defect.
E. Occupation.
20. Among the following, one is a mandatory requirement to acquire ownership via possession in
good faith.
A. There should be a contractual agreement that could be gratuitous.
B. The purchaser should buy a corporeal movable thing from its owner.
C. The purchaser should purchase the thing from a person who has a valid title.
D. The buyer should purchase the thing from a person who has no valid title.
E. The thing to be acquired could be either an ordinary or a special movable.
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21. Which one of the following statements is not true about joint ownership?
A. It represents a right of ownership held by two or more persons in relation to an undivided
thing.
B. Each joint owner has a right to dispose of his/her share of the object.
C. It may be acquired through derivative or original mode of acquisition.
D. Not all cases of joint ownership may be terminated by the application of a joint owner for
division or sale of the thing.
E. B and D
F. B and C
22. Which of the following is not part of the right of a joint owner of a thing?
A. A joint owner can pledge his share without the consent of other co-owners.
B. A joint owner can avoid liability incurred in relation to jointly owned thing by
surrendering his share.
C. A joint owner can use a jointly owned thing without the permission of co-owners on
condition that such use takes due account of the purpose for which the property is
acquired and the rights of other co-owners.
D. A Joint owner can block any collective decision regarding a jointly owned thing.
E. B & D.
23. Which of the following is correct regarding transfer of ownership of immovable things
through contract of sale in Ethiopia?
A. The contract will not have any effect unless entered in writing, attested by witnesses,
authenticated by notary, and registered.
B. The contract will be binding between the contracting parties as long as it is written (and
signed by parties).
C. The contract will have a binding effect between parties only when it is entered in writing
and authenticated.
D. An owner who has entered in to a written contract (which is also authenticated) to
transfer title to one party can enter in to valid contract of sale with second party over
same immovable and transfer valid title to such party.
E. C & D.
24. Title to immovable things granted by state authorities may not grant valid ownership title In
all of the following cases except:
A. Where contract based on which title is granted is invalid on account of lack of capacity of
one party.
B. Where the title was issued by an authority that has no jurisdiction.
C. Where the title was issued as a result of corruption.
D. Where others have subsequently acquired title to the immovable.
E. Where the owner publicly declares that he no longer owns the immovable.
25. From the following alternatives one is an illegitimate cause of transferring and acquiring
ordinary corporeal chattels.
A. Delivery of the thing itself by the transferor to the transferee.
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 B. Delivery of the document representing the thing to be transferred.
C. Snatching of a good and lapse of a period of limitation for legal action.
D. Transfer and acquisition of perfect ownership right over the thing.
E. Transfer and acquisition of rights of usufruct over the thing to be possessed.
26. A person is assumed to be an owner of an ordinary movable thing under the law of Ethiopia
when he/she:
A. Enters into possession of such movable.
B. Enters into possession of such movable with intent to be an owner thereof.
C. Develops an intent to be owner of such movable.
D. Concludes a contract followed by delivery of such movable.
E. Concludes a contract followed by delivery and registration of such movable.
27. Under Ethiopian law, the right of usufruct;
A. Is a limited real right exercised in relation to a thing owned by another person.
B. May be transferred by the right holder for consideration or gratuitously.
C. May arise from the provisions of the law.
D. Represents a dismemberment of the elements of the right of ownership.
E. All
28. Among the following alternatives which one is the characteristic of servitude under the
Ethiopian property law?
A. It is a right in-personam.
B. It is a personal right.
C. It could exist in relation to one plot of land.
D. It could exist in relation to a land owned by one person.
E. It is a right in rem.
29. The right of preemption;
A. Is a real right that enables the right holder to purchase an immovable or a chattel in
priority to other persons where the owner decides to sell it.
B. Is a restriction on the right of the owner to use and enjoy his/her property.
C. May not be created for more than ten years, since such agreement affects the public
interest for the free transfer of goods.
D. Shall not be valid unless registered in the register of immovable properties.
E. The right holder may recover the thing from the purchaser in auction after it has been
sold in auction.
F. All
30. Which one is correct about Ethiopian property law?
A. It does not recognize ownership of incorporeal things.
B. Expropriation is allowed only with respect to immovable things.
C. Peasants do not have property interest in land.
D. Limitations to ownership are justified only on public interest considerations.
E. None.
31. Which of the following is correct about rights in rem enshrined in the Ethiopian Civil Code?
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 A. The notion of rights in rem is coextensive with the notion of patrimony.
B. Right in rem refers to any right invoked against anyone in the world.
C. Rights in rem are always acquired from predecessors in title.
D. Rights in rem are regarded in the Code as extra commercium.
E. Rights in rem refer to any right invoked on a thing acquired unilaterally/independently or
derived from predecessors in title.
32. One of the following is not attribute of rights in rem under the Ethiopian law:
A. Rights in rem consist of usus, fructus and abusus.
B. Rights in rem are not absolute.
C. Rights in rem are invoked only against a specific person or group of persons.
D. Rights in rem are enforceable before Court of law.
E. Rights in rem can be obtained in an original or derivative means.
33. Which of the following does not constitute private property under the FDRE Constitution?
A. Property acquired by one's physical labor. . .
B. Things that do not have any value, economic, sentimental, etc
C. Works of the mind.
D. Things obtained by capital investment.
E. Things acquired by chance and donation
34. Which of the following does not constitute object of (private) property under the current
Ethiopian legal order?
A. Corporeal things of value.
B. Incorporeal things of value.
C. Land and natural resources.
D. Use right over natural resources.
E. Intellectual creations.
35. Identify the one different from the rest.
A. Usufruct.
B. Servitude.
C. Rights in personam.
D. Right of recovery.
E. Promise of sale.
36. Single out a type of property right which may be subject to attachment by creditors under the
Civil Code of Ethiopia:
A. Promise of sale.
B. Right of recovery.
C. Usufruct.
D. Right of preemption.
E. Right of occupation of premises.
37. Which one of the following requires the longest duration?
A. Period of limitation for filing a possessory action.
B. Prescription with regard to movable property.
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 C. Period of limitation with regard to recovery of lost and found things by an original owner.
D. Period of time which is required to invoke usucaption.
E. Period of limitation concerning recovery of stolen things from a person in good faith.
38. Which one of the following is incorrect?
A. Access to rural land use rights depend on membership to Nation, Nationality and People.
B. Choice element is an essential for accessing rural land.
C. Consanguinity is not considered to access rural land in absence of livelihood sharing.
D. Permanency element shall have more significance than blood relation to access rural
land.
E. None
39. One of the following is not true about registration of land rights?
A. Minimum holding size shall be proved by registration.
B. Analyzing information about parcel of land has nothing to do with registration.
C. Use rights shall be identified by registration.
D. Registration shall proof land use rights.
E. All
40. One of the following is the salient feature of the constitutional land provisions?
A. It describes land as the property of the state.
B. Holding rights could be extended to interested groups as per the law based on the
constitution.
C. Holding right rights could be extended to peasants as per the law based on the
constitution.
D. Holding right could be exercised by the government on behalf the state and the people.
E. All
41. A landholder may, under Ethiopian law, claim:
A. The airspace directly above his/her plot indefinitely.
B. The subsurface directly below his/her plot indefinitely.
C. The airspace directly below his/her plot to the extent necessary for the use of the land.
D. The minerals which exist directly beneath his/her plot.
E. The materials placed on the surface of his/her plot.
42. Which one of the following concepts fully captures land rights given to the rural masses in
the present-day Ethiopia?
A. Land lease
B. Usufruct
C. Ownership
D. Use right
E. Fruits
43. Which of the following may not be considered a formal source of property law in Ethiopia?
A. The Federal Constitution.
B. International human rights instruments ratified by Ethiopia.
C. Binding interpretation of the Cassation Bench of the Federal Supreme Court.
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 D. Customary law which does not contravene the Federal Constitution.
E. Writings of leading scholars.

Part II: On Land Law

44. One of the following is incorrect about urban land?
A. Access to urban land use rights through allotment is permitted for few organs.
B. Issuance of lease certificate shall be done after securing permission to possess land.
C. Lease is especial contract and it shall be exonerated from fulfilling elements of general
contract.
D. Lessee may pledge his leasehold right to the extent of the lease down payment.
E. None
45. One of the following is incorrect about land right in Ethiopia?
A. It is limited only to exercise usufruct right when it is accessed by redistribution.
B. The use right that granted to heir is only limited to usufructs right.
C. Obtaining land without payment shall be of no use in existence of land tax.
D. Government is the custodian of the land right under the Ethiopian land tenure system.
E. None.
46. The power of expropriation
A. is one of manifestations of the sovereign power of any state.
B. represents a restriction on the right to property of persons.
C. may be exercised by any organ of the state or public official.
D. may be exercised for the purpose of acquiring land needed for projects that may serve the
direct or indirect benefit of the public.
E. All except C
F. All except A
47. One of the following alternatives is true about expropriation of private properties.
A. It is the power of the sovereign that could be delegated.
B. It requires the consent of the owner of a private property.
C. Properties are expropriated in the interest of the public at large.
D. An owner who has opposed an expropriation is not entitled for compensation.
E. Properties might be expropriated for the interest of private investors.
48. Identify an element which is not explicitly envisaged in the expropriation clause of the
Federal Constitution of Ethiopia.
A. Commensurate compensation.
B. Public purpose.
C. Taking.
D. Government as a taker of property.
E. Land rights.
49. Which one of the following groups enjoys a constitutional safeguard against eviction from
their land rights?

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 A. Urban residents.
B. Domestic investors.
C. Peasants and pastoralists.
D. Foreign investors.
E. Vulnerable social groups.
50. The principle that states an owner of an immovable thing may not cause nuisance or damage
to his/her neighbor relates to ________________.
A. Sustainability of ownership.
B. Divisibility of ownership.
C. Abuse of ownership.
D. Transferability of ownership.
E. Dynamism of ownership.
51. Which one of the following is not sound in apportioning power over land in the present
Constitution of Ethiopia?
A. The Federal Government has the power to enact laws for the utilization and conservation
of land.
B. The Federal Government does not possess the power to issue laws for the administration
of land.
C. The regional states have the power to administer land in accordance with federal laws.
D. The regional states have the authority to pass laws for the utilization of land.
E. Both the Federal Government and regional states possess power over land.
52. One of the following is not correct in respect of the present urban land lease law of Ethiopia.
A. It allows a lawful landholder to mortgage his/her land use right.
B. It allows a lawful landholder to bequeath his/her land use right.
C. It allows a lawful landholder to donate his/her land use right.
D. It allows a lawful landholder to contribute his/her land use right to business.
E. It precludes a lawful landholder from selling his/her land use right.

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 Short Answers and Essays
1. Briefly explain the difference between patrimony and property.
2. Define a thing as conceived under the property law Ethiopia.
3. Discuss the requirements for the acquisition of ownership through possession in good faith
and the rationale behind the rules governing it.
4. Demonstrate the difference between possessory action and petitory action.
5. Discuss the differences and similarities between promise of sale and pre-emption under the
Ethiopian property law.
6. Briefly discuss the limitations to ownership right under the Ethiopian law.
7. Enumerate vices of possession under the Ethiopian law.
8. “Ethiopian expropriation procedure is totally administrative in its nature, as it excludes court
or judiciary.” Explain.
9. “The notion of public purpose under Ethiopian expropriation law is developed and
incorporated in a manner that creates a number of questions on good land administration.”
Explain.
10. What are the available remedies for peasants whom access to land is denied, provided that
they have fulfilled all the legal requirements? Do you think that they can institute legal suit?
11. Briefly discuss the rights and obligations of both the government and landholder concerning
expropriation?

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Case
Mr. A had three houses in Addis Ababa city until 1976. In 1976, the new socialist regime in
Ethiopia came up with a proclamation that nationalized all extra houses. The proclamation
provided for the procedures to object the propriety of the taking. Accordingly, anyone who
believed that his property was taken wrongly without the satisfaction of the requirements in the
proclamation could file petition before relevant office. The city government nationalized two of
A's houses and the Rental Houses Agency took over the houses and started renting same.
However, there was no title certificate issued in favor of the agency; nor was the title issued in
favor of Mr. A nullified by any decision of any organ. In 1991, a new government came to force
and embraced market economy. Mr. A, cognizant of the presumed new ideological inclinations
of the new regime (against the previous system), speculated how to reassert 'his title' to the two
houses under the control of the Rental Houses Agency. In one Sunday, he simply moved in to
one of the houses in the absence of residents who rented the houses. The lessees, on return from
vacation abroad, were confronted by Mr. A and his family and had no choice but report to the
Rental House Agency. The Rental House Agency brought possessory action before a federal'
court against Mr. A invoking interference of possession of the houses it rented. Mr. A, on his
part, tabled his objections as follows.
1. He objected that the agency could not bring possessory action under the law as it was not in
possession of the house which was in control of (and occupied) by the lessees.
2. He further argued that even if the court allowed the agency to bring possessory action, it
could not be successful as he held title certificate to the immovable issued by competent city
authority and not in any way nullified by any organ of the government.
Do you think Mr. A will succeed in the above two counts of arguments? Why/ why not?

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