Exam 8: Real and Personal Property

A person may use which of the following as a defense to the tort of trespass on land:

A lease is a(n):

A profit is:

In Atkinson v.City of Pierre,Atkinson sued the city for not taking action to force an ice-making plant next to her apartment building to make less noise.Her suit contended:

The ____________ requires that governments must pay compensation when taking private land without the landowner's consent.

In general,leases should include which of the following:

In Stewart v.Federated Department Stores,a woman was murdered in a Bloomingdale's parking lot in Connecticut.The court held the store:

In Campisi v.Acme Markets,Campisi was injured when she tripped over the cane of a blind employee of the store.The appeals court held that the store was negligent as the Americans with Disabilities Act allows blind persons to use canes.

Most states have adopted a uniform residential landlord and tenant act to modernize and clarify standard leases

A local government's police power is:

In general,leases should include which of the following:

In Atkinson v.City of Pierre,Atkinson sued an ice-making company next to her apartment for nuisance for noise and the city for not enforcing the noise ordinance.The court held that the company had to reduce its noise level but that the city had no obligation to intervene in a private nuisance action.

In Smith v.Kulig,Smith was killed when visiting his friend who rented an apartment from Kulig,when the fire escape at the back of the building collapsed under Smith,the courts held that:

A "grey shell" building is:

If you own a piece of land free and clear (in fee simple),you have absolute and unlimited rights to use that land.

The right of utility companies to run power lines over land and put water lines under private property is based on:

To have adverse possession of property,the user must have continuous occupation of the property.

When a local government regulates the way in which homeowners may use their land,this is an exercise of the government's:

In Neilsen v.Gold's Gym when the parties fell into a dispute over the lease of commercial space for a gym,the Utah high court held the parties failed to agree who would be responsible for improvements to the property prior to occupancy,so the court would reform the lease on such unclear terms.

A(n)____________ is "an interest in land which (a)is or may become possessory and (b)is measured in terms of duration."