Exam 30: Real Property and Landlord and Tenant Law

In 2010,Jack Miller,CEO of Miller Developers Inc,purchased 100 acres of ranchland he developed into a premier subdivision.He sold the subterranean rights to Texas Fracking Inc.in 2011 before any lots were sold.In 2016,Fred and Ethel Mertz bought a lot and built their dream home.However,lately they have begun to notice strange noises at strange times under their home.In fact,their foundations have cracked.They spoke to their neighbors who complained of the same problems.They all agreed to sue Texas Fracking Inc. ,who claims no liability.

A ________ is designed to permit the ________ of a plot of land to recover ________ rights that have not been utilized by a purchaser of such rights for a long period of time,usually longer than 20 years.

An invasion of spiders and other pests into rental homes at the prestigious 2Zero8 gated apartment complex may amount to a constructive eviction.

Due to a severely cold winter,the city's water mains connected to Mountain Apartments froze and broke leaving Mountain tenants without water or heat from the Mountain boiler.Discuss what liability,if any,Mountain has to the tenants.

Iago has a tenancy for years apartment rental agreement with Ranch Apartments.When the agreement ends in March,Iago asserts a right to renew,while Ranch states that the rental agreement ended without notice.Which party is correct?

The right to exclusive possession by the tenant makes the landlord a trespasser should there be any unauthorized entry by the landlord into the rented premises.

Tom owns land on one side and Lori owns land on the other side of a non-navigable stream.Both own to the middle of the stream.

Ariel and Titus own adjoining tracts of land divided by a fence that has been in place since 1978.In order to obtain a bank loan,Ariel has a survey made of his land and discovers that the fence is twenty feet off the property line.Ariel and Titus cannot agree to move the fence and end up in litigation.Discuss the likely result of the suit.

A "profit à prendre," which can only be created by deed,gives the owner of the profit the right to remove something of value from the dominant property.

An easement that Charleen enjoys across her neighbor,Hank's,land:

Melinda and Susan live in a large subdivision and share a common fence.There is not more than 20 feet from the side of each house (10 feet on either side of the fence).Melinda digs a hole next to the fence to plant a large tree.A year later Susan notices cracks in her tile flooring and hires an inspector.The inspector says her foundation is cracked,most likely by the tree planted too close to her house.Generally,Melinda is liable for Susan's damages,including the floor.

A sublease will be held to be valid if the landlord accepts rent over a period of time from a subtenant.

Notwithstanding the written lease agreement,state and local laws have the right to restrict or expand the respective rights and duties of the landlord and the tenant.

Martina flew her ultralight airplane 200 feet above the surface of a vacant lot owned by Jacobs.When Jacobs complained,Martina claimed she was flying in navigable airspace.Was Martina correct? Explain.

In deciding if an item is a fixture,the courts look to:

Suppose Peter and John have been neighbors for over 30 years and share the same boundary.In order to access his irrigation water and head gate,which is on John's property,Peter has been walking on Johns property for the entire time he has lived there.Now,John is selling his property and doesn't want Peter to cross anymore.Peter does not have a right to a prescriptive easement.

A "reversion interest" conveys land to the grantor for the life of the grantee.

Historically,in tenancy by the entirety:

Starting in 1985,Helena drives across Giant Ranch to cut twenty miles off the trip from her land to the nearest public road.Giant Ranch does not object to this until Helena protests the environmental policies of Giant Ranch.Giant then fences off the path that Helena drives,and Helena protests this in a suit.Discuss the likely result of this case.

Some states authorize landlords to use force to evict tenants.