Exam 49: Real Property Landlord-Tenant Law

Franz owns GuestHouse Hotel. His ownership rights include the right to sell or give away the property without restriction, as well as the right to com?mit waste, if he chooses. Franz's ownership interest is

A easement is the revocable right of a person to come onto another person's land.

Rita believes that Shady Grove Apartments, Inc., her landlord, has vio?lated the law in a way that entitles her to withhold the rent. This remedy is gener?ally associated with

Roderick possesses five hundred acres of forested property. Roderick has the right to use the land, in?cluding cutting its timber, for life. Roderick also has the right to lease the land for a period not to exceed his life. This ownership interest is

Eminent domain is the condemnation power of government to take land for public use.

Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nathan's Deli is adjacent to the project. Nathan's loses most of its business when the residents are moved. Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

Brick & Mortar Stores, Inc., signs a lease for a storefront owned by Commercial Properties, Inc. Unlike a purchaser of real property, Brick & Mortar

Lamar owns a field behind Megan's house and property. The only access to the field is Megan's driveway, which Lamar uses to get to his field. If Lamar sells the field, can the buyer use the right-of-way across Megan's property?

Marketable title means that the grantor's ownership is saleable even if there are encumbrances or defects.

Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is

The protection of an individual's right to his or her property has become one of our most important rights.

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his ownership of the property. This deed is

Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely responsible for the damage is

A joint tenant cannot transfer his or her rights by sale or gift without the consent of the other joint tenants.

A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

It is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.

The mere possession of land without right is called a tenancy at will.

Fact Pattern 49-1B (Questions B19-B20 apply) Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term. -Refer to Fact Pattern 49-1B. Trends Clothing is liable to

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited, not necessarily for whatever purpose the owner sees fit.

Community property it is created when a real property owner or lessor agrees to convey the right to possess and use the property to a lessee (tenant) for a certain period of time.