Exam 43: Real Property And Tenant-landlord Law

Laverne knew that her house was infested with termites.Nevertheless,Laverne listed her house for sale by owner.Shirley had been looking for the perfect house for months now.She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon.Shirley fell in love with the house,the yard,and the neighborhood.Shirley was so excited about buying this house that she did not bother to hire an attorney,hire a company to conduct a termite inspection,or talk to the neighbors about the condition of the house.Within six months after buying the house,the front porch started to crumble,exposing the rotten wood destroyed by termites.The neighbors confirmed that Laverne had mentioned that the house was infested with termites.Shirley wants out of the deal or money to repair the termite damage.Shirley's claim against Laverne would most likely be based on:

Wayne is renting an efficiency upstairs from Fields.Wayne decides to go to Europe for four months and lets his friend,Charlie,live in his apartment while he is away,with the understanding that Charlie will pay the rent.Wayne has:

Wearever Builders constructs new houses in the Oak Grove subdivision.Unless it expressly gives a warranty to buyers,Wearever does not guarantee the adequacy of materials and good workmanship in its new houses.

Sandra and Joe own a hobby farm as tenants in common.They also own a vacation home as joint tenants.What is the difference between the tenancy in common and joint tenancy?

Tom rented an apartment from Margaret on a month-to-month basis,with rent due on the first of the month.This type of tenancy is known as a "tenancy at will."

Future interests in land:

Landlord-tenant relationships are governed by a mixture of property law,contract law,and negligence law.

If you grant a nonpossessory interest to Eagle Logging to enter your land and remove timber from ten acres,you have granted Eagle a profit.

Carlos conveys his property "to Noah for life,then to Maxie." Noah has a life estate and Maxie has a remainder interest.

Which of the following is a possessory interest in land?

Grandpa owns a farm.In a signed writing,Grandpa gave Sue the irrevocable right to use a road on his farm so that Sue could more easily reach her own property.What kind of interest in land did Grandpa give to Sue?

Tim is buying a farm.A general warranty deed is the best type of deed for Tim.

The city of Richmond needs land owned by the Neelans to expand a middle school.The Neelans do not want to sell.Discuss what course of action the city can take and the basis for this action.

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety.When Janet died,her will left of all her real property to T.J.,their adult son.T.J.claims he is the sole owner of the jungle property.Ted objects and files a lawsuit for sole ownership of the jungle property.

The Rameys are selling their home.They did not set forth in the sales agreement whether the washer and dryer,the draperies,and a cherry corner cabinet which was in the dining room were to be included in the sale or whether they were planning to take these items with them.The buyers are claiming these items are fixtures and should stay with the house.The Rameys are claiming they are movable goods and they should not be part of the real estate which was sold.Define "fixtures," identify the tests used to determine whether an item is a fixture,and explain whether you think each of the contested items is a fixture and why or why not.

The right of the tenant to the undisturbed possession of the leased property is known as:

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

Discuss the factors a court will consider when deciding the issue of whether a landlord is liable for a criminal attack against a tenant.

Lauren and Hayden own residential houses side by side.Between the houses,is one driveway which provides mutual access to both back yards.Lauren actually owns the property where the driveway sits.However,Hayden has the right to use the driveway to access his back yard.What type of easement does this situation describe,an easement appurtenant or an easement in gross? What are the differences between the two types of easements?

Landlords have the right,and may have a duty,to evict tenants who seriously disturb others.