Exam 24: Personal Property, Real Property, and Land Use Law

Lee has rented an apartment two blocks from a busy airport. After a month of hearing planes passing by the premises at all hours, he may properly inform the landlord that he is vacating the apartment immediately because his quiet enjoyment of the rental has been breached.

In 2006, Martin purchased a home in a residential development, and in 2010 he sold it in fee simple to Richard. A week after Richard moved in, the local cable company came to his door to inform him that it would start digging up his yard to install underground cable for the neighborhood. When Richard objected, he was told that the company had a right to do it and he should check with his lawyer. A call to the lawyer confirmed the right of the cable company to enter his land and dig. Which of the following would have given the cable company this right?

Dover is the state capital of Delaware. The primary road that bisects the city is Route 13, which was, many years ago, a primary road for travel up and down the east coast. As it goes through Dover, Route 13 is a four-lane road with two lanes in each direction. There are no other major through roads. Due to an influx of industry both north and south of the city, along with increased population in and around the city, the four lanes of Route 13 are often clogged and the traffic is very slow moving. Dover Downs attracts over 100,000 NASCAR fans, and their vehicles, twice a year, and a new convention center/hotel/casino has recently been built, attracting hundreds of visitors a day. The city wants to widen Route 13, but all land adjacent to the road is privately owned. What rights does the city of Dover have, and what can the city do? Explain fully.

In a bailment, the title to the goods stays with the bailor.

It is possible to be in rightful possession of personal property without having actual ownership of the property.

Which of the following is used to separate and keep apart commercial, residential, and industrial properties?

What is the difference between the assignment of a lease and the subletting of a lease? How does each pertain to the rights and duties of the original tenant?

Tracy has agreed to lease a home from Henry on a month-to-month basis. The lease is:

Which of the following is intellectual or intangible property?

Manny, Moe, and Jack are hunters. In 1990 they discovered what appeared to be a deserted hunting lodge in the woods. The lodge had no indoor plumbing, no running water, and no heating system other than a fireplace. The building is a 1-mile hike from the nearest road. Every year since 1990, they have returned to the lodge and used it as a base during the deer and elk hunting seasons that occur in the fall and winter months. They spend a total of six weeks a year using the lodge. They have cleaned the place up, cut and stacked firewood, and even stored clothing inside when they weren't there. The owner of the lodge has noticed the stacked firewood but hasn't traveled to the lodge during hunting season to find out who is using the property even though he is disturbed that the property is being used without his permission. After the statutory period has run, have Manny, Moe, and Jack acquired title to the property?

Structures erected on real estate are called ______.

Howard has fulfilled his residential lease and has moved out of his apartment. The landlord may hold Howard's security deposit for between ________, depending on the state.

Company A and company B own adjacent pieces of land. The companies own the full bundle of rights in their respective properties. Company A digs a mine that starts on its own property but extends, below ground, across the property line. If company A finds minerals below company B's surface property, it may mine and use the minerals for its own use because it has not gone onto or disturbed company B's property.

The act of taking away private property by the government is called:

Brad has left 50 acres of land to the First Church of Magnolia with the condition that it shall own and have rights to it forever; however, if the church ever permits alcohol to be served on the premises, the property will immediately go back to Brad or, if Brad is deceased, to his heirs. Brad has granted the church a:

Sophie is renting a home from Robert. There is no written lease, and the agreement is that Sophie will pay rent on the first of every month. Either party may terminate the agreement with 30 days' notice. Sophie has a:

Title to commercial real estate is conveyed through a contract, while title to noncommercial real estate, such as private homes, is conveyed through a deed.

Chuck is renting an apartment, and he has a problem. All night he hears the scurrying around of rodents, and each morning he finds cereal boxes and other cardboard food containers gnawed. He has also noticed droppings all over the apartment, including in the children's nursery. He has complained to the landlord, who simply replies, "Hey, this is center city-everybody has a rat problem." The landlord is breaching Chuck's right to:

In Kelo v. City of New London, the court permitted the use of eminent domain to take property that was to be given, in part, to private individuals and companies so that they could develop the land for the benefit of the city and its citizens.

In Automobile Supply Co. v. Scene-in-Action, Scene rented a commercial space from Automobile. Soon after Scene took possession of the premises, the heat started malfunctioning for hours at a time, with the temperature dropping to below 50 degrees. After numerous employees stopped coming to work due to cold and illness, Scene moved out, claiming: