Exam 36: Real Property and Landlord-Tenant Law

Jacob owns five acres of land in northern California. On his land Jacob has a house and a toolshed. There are ten large maple trees around the house that were there when Jacob bought the land. Since buying the land, Jacob has planted an apple tree. Jacob's real property includes

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.

Dora leases a house from Evan for a two-year term. To ensure the validity of their lease, it should include

A landlord is usually required to give some period of notice to terminate a periodic tenancy.

Plant life is not considered to be real property.

Oak Grove Residences, Inc., owns apartment buildings. Pedro leases one of Oak Grove's apartments. Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer. Jamal's tenancy is

In a fee simple absolute, the owner has the greatest aggregation of rights, privileges, and power possible.

An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.

Hobby Farms, Inc., owns rural property that it leases to various tenants, including Ira. Ira's transfer of his entire interest in the leased property to a Jason is

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable annually. The lease includes a clause stating that Burgertown is responsible for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Andy's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Burgertown, without Andy's knowledge or consent, assigns its interest in the lease to Chicken Hut Restaurants, Inc. Meanwhile, Andy dies and Dotty inherits Andy's interest in the building. Without the knowledge or consent of either Burgertown or Chicken Hut, Dotty sells the building to Earnest Investments, Inc. The next month, the building is destroyed in the flood of a nearby river. Burgertown rebuilds it and files a suit against Earnest for the expense. Earnest responds that the lease has terminated. Is Earnest correct? If so, when did the lease terminate? If not, is Earnest liable for the cost of rebuilding the structure? Why or why not?

Marshall owns a piece of land, but James owns the mineral rights to Marshall's land. James wishes to sell the mineral rights. James

Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distinguishes Moby, a tenant, from Ollie, a licensee, is

Land includes the artificial structures attached to it.

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

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

The owner of real property has relatively exclusive rights to the airspace above the land.

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

A fixed-term tenancy is created when a lease does not specify its duration.