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

The Takings Clause is found in the Constitution's:

Bob has inherited a small home in Wyoming from his deceased Uncle George.Bob has no desire to live in Wyoming but he enjoys going up to his Wyoming property to fish for two weeks every fall and spring.George's lawyer has agreed to have the home secured when Bob leaves and to have it opened when he's planning to visit.George's lawyer,without asking or informing Bob,has suggested to his freeloading brother Alan and Alan's wife Judith that they stay at Bob's Wyoming place and simply vacate just before Bob shows up which they do.They live there acting like the owners for forty-eight weeks every year.The statutory period for adverse possession in Wyoming is ten years.After twelve years Alan and Judith file for ownership under Wyoming's adverse possession statute.

Sylvia is a student who has parked her car in a university parking lot.To enter the lot she had to swipe her ID card to gain access.During class,a thief has broken into her car and stolen her computer.The school is liable to her under a bailment relationship if they did not exercise proper care in the protection of her car.

Zoning is generally done at the state level through statutes passed by the state legislature.

Structures erected on real estate are called ______.

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

Bridget is the tenant in an apartment in New York and her lease expires in three months.She expects and wants to renew the lease once it expires.Her employer has assigned her to a two month assignment in Hawaii.She doesn't want to lose the apartment so she checks and finds that the lease does not prohibit an assignment of the lease or a sublet of the lease.She is worried that if she assigns or sublets and the person who moves in doesn't pay she may suffer consequences.

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 at.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." Landlord is breaching Chuck's right to:

The Uniform Residential Landlord-Tenant Act applies to both commercial and residential agreements.

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 they would start digging up his yard to install underground cable for the neighborhood.When Richard objected he was told that they 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?

The power of a municipality to pass zoning ordinances stems from:

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 renal has been breached.

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 thirty days notice.Sophie has a:

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.Route 13 as it goes through Dover 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 two lanes of Route 13 are often clogged and very slow moving.Dover Downs attract 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.

If a student leaves a book bag in class by accident and the professor takes possession to safeguard the bag,a bailment has been formed.

Professor Smith has placed an ad in the school newspaper advertising a lap top computer for sale.Janice is in Professor Smith's econ class and approaches Smith during office hours and purchases the computer.Professor Smith has been at the school for over ten years and is popular with students and faculty.The price Janice pays is just a bit below the fair market value of the computer.Six months later,the police come to Janice's home and inform her that the computer was stolen.

A fee tail is an ownership interest in land,recognized in only a minority of states,which limits succession of the property to members of the owner's family only.

An easement is a nonpossessory interest in land.

When ownership in land is subject to being cancelled it is said to be ______.

Joey owned three homes in three different states.He tells Monica that she can live in his Iowa home until he decided to start using the home again in the future.Monica moves in and lives there for thirteen years when Joey calls and says that he wishes to start using the home and that she must move out.Monica tells Joey that the statutory period for adverse possession in Iowa is ten years and that she is now the owner.