Deck 30: Real Property and Landlord and Tenant Law

Question 1

Jeanne sells an acre of her three-acre parcel to Ana and expressly provides that Ana shall have a right-of-way across Jeanne's remaining land so that Ana can reach her land.In this case Ana's land is the subservient parcel.

Answer 1

False

Question 2

In the event of a wrongful eviction,the tenant is not justified in abandoning the premises without paying rent.

Answer 2

False

Question 3

Tom owns land on one side and Lori owns land on the other side of a non-navigable stream.Both own to the middle of the stream.

Answer 3

True

Question 4

Melinda and Susan live in a large subdivision and share a common fence.There is not more than 20 feet from the side of each house (10 feet on either side of the fence).Melinda digs a hole next to the fence to plant a large tree.A year later Susan notices cracks in her tile flooring and hires an inspector.The inspector says her foundation is cracked,most likely by the tree planted too close to her house.Generally,Melinda is liable for Susan's damages,including the floor.

Question 5

A "profit à prendre," which can only be created by deed,gives the owner of the profit the right to remove something of value from the dominant property.

Question 6

When vacating,the tenant must turn over to the landlord all trade fixtures.

Question 7

A quitclaim deed is one that transfers all warranties of title to property.

Question 8

In 2010,Jack Miller,CEO of Miller Developers Inc,purchased 100 acres of ranchland he developed into a premier subdivision.He sold the subterranean rights to Texas Fracking Inc.in 2011 before any lots were sold.In 2016,Fred and Ethel Mertz bought a lot and built their dream home.However,lately they have begun to notice strange noises at strange times under their home.In fact,their foundations have cracked.They spoke to their neighbors who complained of the same problems.They all agreed to sue Texas Fracking Inc. ,who claims no liability.

Question 9

John and Marie decide to plant shrubs on their property.These shrubs are called fructus industrials.

Question 10

A barber's chair bolted to the floor of a rented building is called a trade fixture and becomes a part of the building itself.

Question 11

The landlord will be held responsible for any injury caused to others due to a defect in public areas,such as hallways and stairways.

Question 12

An invasion of spiders and other pests into rental homes at the prestigious 2Zero8 gated apartment complex may amount to a constructive eviction.

Question 13

When a man and a woman own real property as tenants in coverture,each person owns an undivided share of the whole property.

Question 14

Notwithstanding the written lease agreement,state and local laws have the right to restrict or expand the respective rights and duties of the landlord and the tenant.

Question 15

Under a dower deed,no warranties are made as to the defects in title that arose before the grantor owned the property.

Question 16

In creating a senior assisted-living home exclusively meant for people above the age of 62,Jodie would run afoul of age discrimination prohibitions.

Question 17

A sublease will be held to be valid if the landlord accepts rent over a period of time from a subtenant.

Question 18

The right to exclusive possession by the tenant makes the landlord a trespasser should there be any unauthorized entry by the landlord into the rented premises.

Question 19

A "reversion interest" conveys land to the grantor for the life of the grantee.

Question 20

Suppose Peter and John have been neighbors for over 30 years and share the same boundary.In order to access his irrigation water and head gate,which is on John's property,Peter has been walking on Johns property for the entire time he has lived there.Now,John is selling his property and doesn't want Peter to cross anymore.Peter does not have a right to a prescriptive easement.

Question 21

On a snowy day in early January,Jeremy is visiting his friend Manny at Manny's apartment at the Snooty Fox.While walking up the exterior wooden steps to get to Manny's third floor apartment,one of the steps-which is rotten-breaks.Jeremy falls through to the ground and is severely injured.What result?

A)The Snooty Fox is liable based on ejectment in a common area.
B)The Snooty Fox is not liable based on unlawful detainer.
C)The Snooty Fox is not liable because of the weather conditions.
D)The Snooty Fox is liable based on defect in a common area.

Question 22

Allison and Zena own property as joint tenants.Zena's creditors can levy:

A)upon Zena's interest,and take over Zena's interest as a tenant in common.
B)upon Zena's interest on execution,and take over Zena's interest as a joint tenant.
C)both Allison's and Zena's interest on execution,and take over their interest as a lien creditor.
D)upon both Allison's and Zena's interest on execution,and take over their interest as owner.

Question 23

Historically,in tenancy by the entirety:

A)a husband and wife shared entire control over the estate and shared the right to all rents and profits.
B)only a husband had entire control over the estate,with the exclusive right to possession and the right to all rents and profits.
C)a husband and wife were regarded,in law,as separate individuals.
D)an execution by a judgment resulting from an action against a husband or wife alone may have been placed against the entire property.

Question 24

Robert is interested in leasing Bill's property.Robert must include all of the following essentials into the lease agreement,except a definite:

A)agreement as to the extent and bounds of the leased property.
B)and agreed term.
C)agreement about the purchase options of the property.
D)and agreed price of rental and manner of payment.

Question 25

A ________ is designed to permit the ________ of a plot of land to recover ________ rights that have not been utilized by a purchaser of such rights for a long period of time,usually longer than 20 years.

A)dormant minerals statute: lessor;mineral
B)dormant minerals statute;surface owner;mineral
C)fee simple defeasible;surface owner;mineral
D)lease agreement;lessor;minerals

Question 26

In deciding if an item is a fixture,the courts look to:

A)attachment,adaptation,and easement.
B)adaptation,easement,and intent.
C)intent,tenement,and attachment.
D)attachment,adaptation,and intent.

Question 27

Iago has a tenancy for years apartment rental agreement with Ranch Apartments.When the agreement ends in March,Iago asserts a right to renew,while Ranch states that the rental agreement ended without notice.Which party is correct?

A)Iago,since there is an implied renewal right.
B)Ranch,since no statute requires a party to give notice when ending a lease.
C)Iago,since the tenancy for years must at least continue until the end of the calendar year.
D)Ranch,since the tenancy for years automatically terminates on the expiration of the stated term.

Question 28

Tom dies,and in his will,he names Pinson as the personal representative of his estate.Pinson decides to sell Tom's house to Sally.Pinson could transfer title to Sally by means of:

A)the probate court records.
B)the decree of the probate court judge.
C)the sworn statement of Pinson.
D)a license issued by the court.

Question 29

A deed becomes effective when:

A)it is recorded in the public records.
B)the signatures are acknowledged.
C)it is delivered to the grantee.
D)it is prepared and signed by the grantor.

Question 30

Erin,a French student,boarded with a family in America for two months while she studied.Every day,the American family gave Erin her own room and bathroom and fed her breakfast and dinner.Erin would be considered a:

A)tenant.
B)direct owner.
C)lodger.
D)subletter.

Question 31

Abbot Vending Co.has a license to install vending machines at the Slumber Apartment Complex.Can Abbot transfer this right to Zeno Concession Co.?

A)Yes,if Zeno provides identical services.
B)No,since the license is a personal privilege.
C)Yes,if their agreement gives ownership interest in the property.
D)No,since it is a possessory estate.

Question 32

Jack and Jill live in a community property state.Jill works full time,and Jack stays home taking care of their children.What is the legal status of the earnings Jill makes that are used to purchase a new home?

A)Owned by Jill
B)Owned by Jill,subject to a one-third interest Jack has
C)Jointly owned by Jack and Jill
D)Owned by Jill,Jack,and the children

Question 33

Lydian owns a small island outright.She is said to have a(n):

A)estate in fee simple.
B)leasehold estate.
C)life estate.
D)reversion estate.

Question 34

In a tenancy in common,the tenants:

A)always take title at the same time.
B)cannot transfer their share to their heirs.
C)always have equal interests in the property.
D)have equal right to possess the property.

Question 35

Laura has a tenancy at will apartment rental agreement with Management Apartments.When Management sells the apartment complex where Laura lives,what is the legal status of Laura's apartment rental agreement?

A)In most states,the rental agreement ends.
B)In most states,Laura could sue Management Apartments for selling the apartment without her consent.
C)In most states,the rental agreement continues if Laura gives written notice to both the old and new owners of her desire to continue it.
D)In most states,the rental agreement ends only if it had existed for less than one year.

Question 36

An easement that Charleen enjoys across her neighbor,Hank's,land:

A)is only effective during Charleen's lifetime.
B)is only effective during Hank's lifetime.
C)extends to future owners of Charleen's land.
D)cannot last more than seventy years.

Question 37

In a joint tenancy,time,title,interest,and possession are known as the four:

A)certainties.
B)factors.
C)unities.
D)components.

Question 38

Edward Philips signs a deed allowing the utility company to suspend power lines over his land.A utility company's right to use Edward's land for suspending power lines is called a(n):

A)dominant tenement.
B)easement.
C)tenement.
D)servient tenement.

Question 39

The built-in dishwasher in Fernando's apartment is most like a:

A)courtesy.
B)personal property.
C)trade fixture.
D)fixture.

Question 40

Some states authorize landlords to use force to evict tenants.

Question 41

A lease agreement may give the tenant which,if any,of the following rights?

A)Right to rent control
B)Right to require a security deposit
C)Right to renew or purchase
D)Neither the right to renew or purchase

Question 42

Martina flew her ultralight airplane 200 feet above the surface of a vacant lot owned by Jacobs.When Jacobs complained,Martina claimed she was flying in navigable airspace.Was Martina correct? Explain.

Question 43

Uta,Piper,and Hoku own 1,000 acres of land as tenants in common.Part of the land borders an interstate highway,another part borders a farm-to-market road,and part is scarred with deep erosion and gullies.The three want to divide the land into separate parcels for each of them,but cannot agree.Discuss how a court will resolve the problem.

Question 44

Starting in 1985,Helena drives across Giant Ranch to cut twenty miles off the trip from her land to the nearest public road.Giant Ranch does not object to this until Helena protests the environmental policies of Giant Ranch.Giant then fences off the path that Helena drives,and Helena protests this in a suit.Discuss the likely result of this case.

Question 45

At the end of her two-year lease,Margo remained in her apartment and continued to pay her landlord rent every month,which he accepted.One day,Margo received a letter from her landlord accusing her of creating a tenancy at sufferance and threatening immediate eviction.Was the landlord acting within his rights? Explain.

Question 46

Ariel and Titus own adjoining tracts of land divided by a fence that has been in place since 1978.In order to obtain a bank loan,Ariel has a survey made of his land and discovers that the fence is twenty feet off the property line.Ariel and Titus cannot agree to move the fence and end up in litigation.Discuss the likely result of the suit.

Question 47

Jackson sells his farmland.A dispute has arisen about whether or not the following items are included in the sale.The contract is silent concerning the following items: a growing cotton crop,a tractor,an irrigation pump that can be unbolted by disconnecting two pipes,and a tool shed that sits upon concrete blocks on top of the ground.Discuss each of these and decide if they are included in the sale of the farmland.

Question 48

Mr.Zolotas told his landlord that he wanted to make some improvements to the house he was renting from her.He installed recessed ceiling lights and had bookshelves custom made to attach to and fit beneath the main staircase.When Zolotas moved out,he removed the shelves and the ceiling lights.Did he have a legal right to do so? Why or why not?

Question 49

Charles,a healthy twenty-five-year-old,owns a life estate in ten acres of land on the edge of a growing city.Developers would like to purchase the ten acres,but the holder of the remainder interest,Doria,does not want to sell.Discuss what rights,if any,the developers may acquire.

Question 50

Due to a severely cold winter,the city's water mains connected to Mountain Apartments froze and broke leaving Mountain tenants without water or heat from the Mountain boiler.Discuss what liability,if any,Mountain has to the tenants.

Question 51

Brad is a riparian owner in a state that follows the riparian rights doctrine.Brad believes that he owns the soil beneath the stream that flows through his land and that he has the right to bottle and sell,in a new business venture,the water in the stream.Does Brad have the right to do so? Why or why not?