Exam 24: Real Property and Environmental Law

The Environmental Protection Agency periodically updates the air pollution standards.

Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely

Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage. The exterior boundaries of the land extend

Plant life is not considered to be real property.

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

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable an?nually. The lease includes a clause stating that Burgertown is re?sponsi?ble 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, as?signs its interest in the lease to Chicken Hut Restaurants, Inc. Mean?while, 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 termi?nate? If not, is Earnest liable for the cost of re?building the structure? Why or why not?

A tenant is responsible for all damage to leased premises.

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

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the build?ings, PMC should consult

Bakri owns a house. In the house, on a tile floor is a throw rug. Most likely to meet the definition of a fixture is

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

The primary responsibility for preventing and controlling air pollution rests with the federal government.

Refer to Fact Pattern 24-1. Nika conveys some of her land to Reggie with the right to possess and use the property for a certain period of time. Nika has given Reggie

A special warranty deed provides the most protection against defects of title.

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

Vending Products Company operates a vending machine manufacturing plant on Wandering River. Discharging pollutants from the plant into the river can re?sult in

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

Mineral Products Corporation, which owns no land, has a right to mine the copper from Natural Resource Company's land. Mineral's right is

Odiferous Waste Company is a subsidiary of Precarious Investments, Inc. Odiferous op?erates a hazardous waste disposal site. QuikChem Corporation is one of many parties who generate waste disposed of at the site. Odiferous borrows money from Regal Bank, which takes over the site when Odiferous goes bankrupt. The Environmental Protection Agency discov?ers a leak at the site. Can any of these private parties be forced to pay for the clean up? If so, who?

A tenant has a duty to maintain in a reasonably safe condition those ar?eas under his or her control.