Exam 24: Real Property

Amber Blue owns a small hotel of the "bed & breakfast" variety.Hunter Greene,a tenant at Blue's bed & breakfast,sustained severe physical injuries when an intruder broke into Greene's room and attacked him with a baseball bat.The intruder neither was an employee of Blue's nor otherwise had any connection with the bed & breakfast.Green filed a tort action against Blue in an effort to collect damages for the medical expenses,lost earnings,and pain and suffering he experienced as a result of the intruder's attack.Greene argued that owners of commercial property such as a bed & breakfast are liable,as a matter of law,whenever guests are injured while on the premises.Blue argued that such property owners cannot be held liable when the guest's injuries were directly (and criminally)inflicted by a third-party attacker.Evaluate the arguments made,respectively,by Greene and Blue.Explain your supporting reasoning.

A deed which provides notice to the public at large about the grantee's property interest is called a recorded deed.

Doug Dillard owns a house that he presently rents out to a family.Dillard would like to convert the house into commercial space (for a store or offices),because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling.The house is located,however,in an area zoned by the city for residential uses only.This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance,something the city has refused to do.Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment.Will Dillard win his case? Why or why not?

In community property states,land acquired during marriage will be deemed community property.

A policy which obligates the grantor for reimbursing to the grantee for loss,if the title proves to be defective is called the policy of abstract title.

Jane and her brother each own a ½ interest in certain real property as tenants in common.Jane's interest:

Which of the following is true of zoning ordinances?

Most owners of real property acquire title how?

Homeowner Ann Jameson entered into a 90-day exclusive right to sell listing agreement with a real estate broker,Bill Boor.One week later,Jameson sold the house to her neighbor,Jerry Mateo,who learned that the property was for sale when he saw the "for sale" sign in Jameson's yard.Boor contends that he is entitled to a commission on the sale.Is Boor entitled to a commission? Why or why not?

One requirement of a joint tenancy is that the co-owners must be married.

Mary wants to buy an apartment in a building that is owned by ABC Corporation.Mary then purchases stock in ABC Corporation and holds her apartment under a proprietary lease.Under which ownership has Mary acquired title to such an apartment?

Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title?

A broker operating under a(n)_____ contract is entitled to a commission only if he was the first to find a ready,willing,and able buyer.

What is the term for a temporary right to enter another person's land for a specific purpose?

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death?

Remote control devices used for automatic garage doors are examples of fixtures.

The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

Sally seeks to list her home with Barry,a real estate broker.Sally and Barry agree that Barry will receive a commission if the home sells within 90 days,regardless of who actually causes the sale of the property.Sally and Barry have a(n):

Lisa lives next to a vacant plot that belongs to Carol.Carol has never visited the plot in the last 20 years during which period,Lisa has taken care of it by fencing the plot and mowing the grass.If this continues,Lisa will be able to claim ownership of land based on:

Ivor,Queen,and Lear own a building as joint tenants with the right of survivorship.Ivor donated his interest in the building to Day Charity by executing and delivering a deed to Day.Both Queen and Lear refused to consent to Ivor's transfer to Day.Subsequently,both Lear and Queen died.After their deaths,Day's interest in the building consisted of: