Exam 42: Real Property and Landlord Tenant Law

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the

The Solomans own a cabin on the south side of Mount Henry.The Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again.Twelve years later,the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer.Bennie and Claudia claimed that they had acquired title by adverse possession,because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state).Are Bennie and Claudia correct?

Mrs.Larkin rents an apartment to a couple who argue continually,disturbing other tenants.Without going through the lawful eviction procedure in court,one day she waits until the couple is out of town and changes all the locks.What has occurred?

The Moores's lease contains a clause allowing their landlord to raise their rent during the course of their lease if the landlord's property taxes increase on the leased premises.This clause is unenforceable,since tenants deserve to know that their rent amount is fixed during their agreed rental time.

Ollie leased a building in Old Town.Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building.Upon expiration of the lease,Ollie intends to remove the washer and dryer,but not the furnace.The washer and dryer can easily be removed without harming anything.Removal of the furnace,however,will damage the building.Are the washer,dryer,and furnace fixtures?

What is an abatement?

What is the doctrine of adverse possession? Briefly explain how it works.

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."

The landlord's first important duty to a tenant is to

A security interest in real property is called a

A user's presence must be visible and generally known in the area,so that the owner is on notice that his title is contested.

Paul and Diana are married and own a home.Both of their names are on the mortgage.This is an example of a

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 that 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 that 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 landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

​Patrick owns an office building and leases space on a year-to-year basis.Patrick maintains a reversionary interest on the property.

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

​When farmer Joe sold his land to an oil company,he wanted to keep the right to use the lake on the land for fishing.What would give him the right to do this?

Juan has the right to walk (or drive)across his neighbor's property to reach the highway.Juan's right is referred to as an easement,which allows use of the land.

You go to a theater to see a play one Saturday evening.You have

​Ali and Latosha bought a house through a mortgage they secured from their local bank.When they failed to make their mortgage payments,the bank used ________ to foreclose on the property and sell it.