Exam 30: Real Property and Landlord and Tenant Law

A "profit à prendre" may be created by deed, will, or adverse use.

On a snowy day in early January, Jeremy is visiting his friend Manny at Manny's apartment at the Snooty Fox. While walking up the exterior wooden steps to get to Manny's third floor apartment, one of the steps-which is rotten-breaks. Jeremy falls through to the ground and is severely injured. What result?

At the end of her two-year lease, Margo remained in her apartment and continued to pay her landlord rent every month, which he accepted. One day, Margo received a letter from her landlord accusing her of creating a tenancy at sufferance and threatening immediate eviction. Was the landlord acting within his rights? Explain.

A sublease will be held to be valid if the landlord accepts rent over a period of time from a subtenant.

Real estate is defined as the ownership rights that go along with the land and everything temporarily or permanently attached to it.

Due to a severely cold winter, the city's water mains connected to Mountain Apartments froze and broke leaving Mountain tenants without water or heat from the Mountain boiler. Discuss what liability, if any, Mountain has to the tenants.

Under a special warranty deed, no warranties are made as to the defects in title that arose before the grantor owned the property.

Charles, a healthy twenty-five year old, owns a life estate in ten acres of land on the edge of a growing city. Developers would like to purchase the ten acres, but the holder of the remainder interest, Doria, does not want to sell. Discuss what rights, if any, the developers may acquire.

A deed becomes effective when:

Mike has the right to cross Paco's land to get to the highway. Paco has the dominant tenement, since Mike could not get to the highway without using Paco's land.

Erin, a French student, boarded with a family in America for two months while she studied. Every day, the American family gave Erin her own room and bathroom and fed her breakfast and dinner. Erin would be considered a: