Exam 43: Real Property and Landlord-Tenant Law

A contract for the sale of commercial realty should indicate what items are included in the sale.

Under the covenant of quiet enjoyment, a landlord promises that a ten?ant will not be disturbed in the possession of the premises.

An item cannot be a fixture unless it is physically attached to the land.

Bren leases an apartment from Cris for one year. After two months, she sublets the premises for the next six months to Dee, without obtaining Cris's con?sent. Dee pays the rent for only four months. For the last two months of Dee's six-month term, Bren is

A tenant is responsible for all damage to leased premises.

Plant life is not considered to be real property.

A tenant is not responsible for the ordinary wear and tear of leased premises.

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

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

Fact Pattern 43-1 Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses. -Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

Fact Pattern 43-1 Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses. -Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distin?guishes Moby, a tenant, from Ollie, a licensee, is

Fact Pattern 43-1 Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses. -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

In most states, the seller of a new house warrants that it is fit for habitation.

Generally, a tenant must pay agreed-to rent even if the tenant moves out.

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

Under the power of eminent domain, the government may take private property only for private use, not for public benefit.

Phil owns a farm in South Dakota. He does not like it when planes from the local airport fly over his property. Phil is unlikely to win a case claiming that airplanes flying over his land violate his property rights unless

A profit is the right to make limited use of another person's real property without taking anything from the property.

Generally, contract doctrines apply to a landlord-tenant relationship.

Kenneth has a periodic tenancy that requires him to pay rent weekly. Kenneth wishes to terminate his tenancy. Under the common law, he must give his landlord