Exam 23: Personal Property, Real Property, and Land Use Law

The right to take away private property for the public good or for public use is called:

If the tenant stops paying rent and ignores the landlord's demands,the landlord may constructively evict the tenant ending the lease agreement.

Willie is selling his home.As he starts the moving process he is wondering what he may take with him and what he must leave behind.Assume that the contract doesn't specifically list individual items and simply says that he must leave all fixtures.In particular he is wondering if he can take the following: his brand new refrigerator; glued carpeting in his basement; the 5' by 7' handmade Oriental rug in his den and the shelving in his garage.Since you have taken a law class,he asks you for your advice.What should you tell him?

The common law held that property owners own the rights to the air and light for up to one hundred feet above their property.

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

George has assigned the lease on his apartment to Brad for a six month period.Three months later,the apartment is infested with cockroaches.When Brad complains to the landlord,the landlord informs him that his agreement is with George and only George has the right to enforce habitability and quiet enjoyment complaints.Brad must have George make the complaint to the landlord.

Mike asks his girlfriend Brandi if he could borrow her car.Brandi agrees to allow Michael to use her car for the day.

Alice has inherited twenty-one acres of land in Alaska.Since she has no urge to visit Alaska she has never seen the land.Ron and Jane have moved onto the land and erected a home.They have started using the land and have even fenced much of it in.There is no mortgage on the land and Alice doesn't receive a tax bill because Ron and Jane pay the yearly taxes.After the statutory period in Alaska has run,Ron and Jane would become the owners of the land.

Mia has written a deed that says,"To Chelsea for life and upon her death,the property shall go back to me." What kind of interest does Mia have in the property upon Chelsea's death?

A leasehold estate that runs for fixed periods of time and automatically renews unless terminated by the tenant or landlord is called a ______.

Fred has returned from a nursery where he has purchased twenty one rose bushes to decorate the exterior of his home.Each bush has its roots wrapped in burlap and Fred carried the bushes home in the back of his pickup truck.Fred has now planted each of the rose bushes.The bushes are real property.

Leasing of personal property is governed by both state property law and by state commercial law.

In Automotive Supply Co.v.Scene-in-Action,Scene rented a commercial space from Automotive.Soon after taking 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 a constructive eviction.

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 fire place.The building is a one mile hike from the nearest road.Each year since 1990,they have returned to the lodge and used it as a base during the deer and elk hunting seasons which 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?

The law tends to provide more protection to residential tenants than it does to commercial tenants.

Ownership of land is typically evidenced by a ______.

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

A tenancy for years will automatically renew if no notice is given by the tenant or landlord of their intention to terminate the lease.

Assume that you are a freshman and live in your school's dormitory.The agreement you've signed with the school states that you may move in on September 1^st and must vacate the room by May 31^st of the following year.Should you wish to live in the dormitory during your sophomore year you must sign a completely new contract with the school.Your agreement with the school best approximates a:

Do you agree with the court's decision in Fontainebleau Hotel v.Eden Roc? Explain.Is this case the same as if your neighbor,who you don't get along with,builds a 40' fence on her property blocking air and light to your deck and swimming pool,claiming she's doing it for security and privacy?