Deck 48: Interests in Real Property

Question 1

If Taylor conveys property "to Baines for life" and makes no disposition of the remainder of the estate, Taylor holds
the reversion.

Answer 1

True

Question 2

A possessory interest in real property is called an estate.

Answer 2

True

Question 3

The holder of a qualified fee interest may not transfer the property by deed or will.

Answer 3

False

Question 4

A tenancy at sufferance is created after the tenant's lease has expired.

Question 5

If Karen assigns her lease to Henry, Karen and Henry are both liable to the landlord for the rent.

Question 6

Some states hold landlords liable for injuries their tenants and others suffer as a result of the foreseeable criminal conduct of third parties.

Question 7

Under the majority view, if a clause in a lease says the tenant cannot sublet, he can still assign the lease.

Question 8

All other estates are derived from the fee simple estate.

Question 9

Possessory interests in property include profits à prendre and easements.

Question 10

Eviction must be actual.

Question 11

Mother conveyed her lakefront property to her daughter, Ellen, for life and then to Ellen's children, but if Ellen had no children, to Mark. Mark has a contingent remainder.

Question 12

If Dan subleases his apartment to Susan for the summer, Susan is primarily liable to pay the landlord the rent.

Question 13

If the lease is silent on the subject, a tenant generally may assign his lease.

Question 14

Most state statutes permit a landlord to evict a tenant for nonpayment of rent.

Question 15

Under the common law, a landlord is under an obligation to provide or maintain the premises in a livable condition.

Question 16

An assignment is made when the tenant transfers control of part of his entire interest in the leased property to a third party.

Question 17

If Tom and Tim are joint tenants, they each own a specific half of the property.

Question 18

To create a joint tenancy, all tenants must acquire title by the same instrument.

Question 19

Community property does not include a ring owned by the wife prior to the marriage.

Question 20

If Gil assigns his lease to Jim, Gil has no further obligations to his landlord.

Question 21

An easement that is appurtenant passes to the new owner of the land.

Question 22

A person with a life estate cannot do which of the following?

A) Strip-mine the land
B) Build a bridge over the river
C) Cut a single tree
D) Put a new roof on the house

Question 23

An easement in gross is personal to the one individual who obtained that right and will not pass to another owner of the property.

Question 24

A possibility of reverter is the complementary estate to a:

A) fee simple.
B) qualified fee.
C) life estate.
D) reversion.

Question 25

A license is generally irrevocable by the property owner.

Question 26

A profit is not usually exclusive to the owner of that right.

Question 27

An easement describes a limited possessory interest in the land.

Question 28

Constructive eviction would result in a discharge of any obligation to pay rent if:

A) proper notice is given to the landlord.
B) the tenant abandons the apartment.
C) the tenant fixes the problem.
D) he serves the landlord with a court order.

Question 29

A license is the limited right to use property for a period of time.

Question 30

In general, a tenant is under a duty to make minor repairs to the leased premises.

Question 31

A freehold estate is a:

A) gratuitous leasehold interest in real property.
B) right of ownership of real property for an definite time.
C) right of ownership for the life of a person.
D) term which refers to an inherited estate.

Question 32

Under the Fair Housing Act, a landlord cannot discriminate against a tenant with regard to race, color, sex, religion, or disability.

Question 33

The owner of the servient parcel is generally responsible for maintaining the easement and keeping it in repair.

Question 34

All interests in property that can be conveyed carry the right to immediate possession.

Question 35

Under a tenancy in common, the most frequently used form of concurrent ownership, each co-owner has the right of survivorship.

Question 36

An estate in fee simple has which of the following characteristics?

A) It may be inherited.
B) It may be sold.
C) Judgment creditors may levy it upon.
D) All of these.

Question 37

A landlord breaches the covenant of quiet enjoyment if:

A) the landlord wrongfully evicts the tenant.
B) neighbors throw loud parties that disturb the tenant.
C) Both of these.
D) None of these.

Question 38

A periodic leasehold tenancy may be terminated:

A) upon expiration of the period.
B) upon 6 months' notice.
C) at the will of the parties.
D) upon notice of one period in advance.

Question 39

When an owner of land subdivides it into lots and records the plat of the subdivision, he is held by some statutes and by common law to have dedicated to the public all streets, alleys, parks, playgrounds, and beaches shown on the plat.

Question 40

An easement may be created by:

A) prescription.
B) implied reservation.
C) implied grant.
D) all of these ways.

Question 41

A landlord has an obligation to repair premises:

A) under the common law if the lease has no related provision.
B) and, if the landlord assumes that duty in the lease, the breach of the duty entitles the tenant to abandon the premises and refuse to pay rent.
C) including lobbies, stairways, elevators, and other common areas.
D) All of these.

Question 42

Promises made by the landlord and tenant to each other in the lease to do or not to do certain acts are known as:

A) automatic leases provisions.
B) recordation clauses.
C) covenants.
D) reversionary clauses.

Question 43

An estate from week to week or month to month is called a(n):

A) fee simple absolute.
B) estate for years.
C) periodic tenancy.
D) tenancy at sufferance.

Question 44

The characteristics of a qualified or base fee estate include(s) that:

A) it is possible to convey or will property to a person to enjoy absolutely, subject to its being taken away at a later date should a certain event occur.
B) a holder of a qualified fee interest may transfer the property by deed, subject to the initial condition.
C) a qualified fee interest may pass by intestate succession.
D) All of these.

Question 45

Community property would include:

A) a house bought by the married couple.
B) gifts of $500 given to wife while they were married.
C) an inheritance of a diamond by husband while they were married.
D) a painting bought by wife before the marriage.

Question 46

Bob and his sister, Claudia, can own property:

A) only by tenancy by the entireties.
B) by tenancy in common or joint tenancy
C) only by joint tenancy.
D) by tenancy by the entireties or by joint tenancy

Question 47

In a condominium:

A) all residents own shares in the corporation that owns the building.
B) each resident purchases a living unit in the building.
C) the tenant owns a reversionary interest in the property.
D) the tenant creates a future interest in the property known as a possibility of reverter.

Question 48

The right to cut and remove trees from another's land would be a(n):

A) easement.
B) profit.
C) license.
D) covenant.

Question 49

A transaction whereby the tenant transfers away her entire interest under a lease is called a(n):

A) sublease.
B) assignment.
C) eviction.
D) abandonment.

Question 50

An interest in property limited in duration to the life or lives of one or more persons is known as a:

A) future interest.
B) fee simple absolute.
C) fee simple determinable.
D) life estate.

Question 51

A survival clause refers to:

A) a remainder in a life estate.
B) a possibility of reverter.
C) a provision in a lease contract providing that the tenant's eviction for non-payment of rent will not relieve her of liability for damages for rent not paid.
D) All of these.

Question 52

Mom and Carolyn own a farm as joint tenants. When Mom dies, her share will pass to:

A) Carolyn.
B) her heirs.
C) her beneficiaries.
D) Carolyn's heirs.

Question 53

If a landlord furnishes heat in the summer in order to force his tenant to move and the tenant does in fact move, a court of law will probably decide that:

A) waste has occurred.
B) there has been a wrongful abandonment of the premises.
C) constructive eviction has taken place.
D) vacating of the premises constituted an assignment.

Question 54

When a landlord leases property for a given period of time:

A) the tenant is under duty not to commit waste.
B) the tenant is under a duty not to commit wear and tear.
C) an estate at sufferance is created.
D) a fee simple absolute is usually created.

Question 55

Which of the following represents joint property ownership?

A) A cooperative
B) A life estate
C) A lease
D) A fee simple absolute

Question 56

A tenancy in common may be terminated by:

A) one of the tenants selling or transferring his interest to the co-tenant.
B) the co-tenants partitioning the property among themselves.
C) Both of these.
D) Neither of these.

Question 57

If no special words are used when real property is conveyed to two or more persons, it will create a:

A) tenancy by the entireties.
B) tenancy in partnership.
C) tenancy in common.
D) joint tenancy.

Question 58

A condominium differs from a cooperative in that a tenant in the latter:

A) rents his apartment from the cooperative.
B) owns his apartment in cooperation with others.
C) owns all the space except the common areas.
D) owns only the internal space.

Question 59

An easement may be created in which of the following cases?

A) The landowner agrees to it in writing.
B) It is necessary for access to the land.
C) It is taken by using the land adversely to the rightful owner's use openly for a period of years.
D) All of these.

Question 60

If Sam leases property to Susan without specifying the duration, Sam has created a(n):

A) base fee.
B) condominium.
C) estate (tenancy) at will.
D) estate at sufferance.

Question 61

Explain what is meant by an implied warranty of habitability and how this doctrine has changed the common law approach with respect to residential leases.

Question 62

Landlords can evict a tenant if:

A) the tenant fails to pay the rent.
B) the lease expires and the tenant refuses to move out.
C) the tenant keeps a pet in violation of the lease and refuses to get rid of it.
D) All of these.

Question 63

An interest in the future that arises in a third party is called a(n):

A) reversion.
B) remainder.
C) assignment.
D) fee simple absolute.

Question 64

Grandfather conveyed to Erin the right to the family farm after her grandmother dies. This is called a:

A) possibility of a reverter.
B) reversionary interest.
C) vested remainder.
D) contingent remainder.

Question 65

Joanne rents a single-family house and lot for one year starting September 1. If the house burns down, the common law requires:

A) payment of rent up to the time of the destruction.
B) payment to be suspended until the house is repaired.
C) termination of the lease.
D) payment to continue for the entire year.

Question 66

The greatest ownership interest a person may have in real property is:

A) fee simple absolute.
B) tenancy by the entirety.
C) life estate.
D) vested remainder.

Question 67

Which of the following is not true of leases of real property?

A) They must always be in writing.
B) They vary in manner of termination.
C) They are both contracts and conveyances of an estate in land.
D) They involve an exclusive right to use and possession of the land for a definite or ascertainable time and are nonfreehold estates.

Question 68

Edna, Elsa, and Ellen are sisters who own 500 acres of land as tenants in common. Discuss the interest each has in the real estate.

Question 69

Ed signs a 10-year lease with a survival clause. If Ed is evicted after 2 years, he will have to pay rent:

A) for the remaining 8 years.
B) for the period of time until it is relent.
C) until eviction.
D) until he assigns the lease.

Question 70

Maureen agrees to sell her interest in the farm to Joe. Maureen and her husband, Bill, hold the property as tenants by the entireties. What consequence?

A) There is no sale.
B) The sale severs the tenancy and creates a tenancy in common.
C) The sale transfers one-half interest in land.
D) The sale results in a partition of the land.

Question 71

Millie, a tenant, abandons her apartment after 6 months, even though there are 6 months left on her lease. If there were no survival clause in the lease, would the landlord be able to hold Millie liable for rent?

A) Yes, but he must leave the apartment vacant
B) Yes, after he gives notice to the tenant
C) Yes, after he relets the apartment
D) No, the landlord must relet the apartment in order to collect rent for the remaining lease term.

Question 72

If Arthur conveys his farm to Melissa in fee simple as long as she does not develop the property for non-farm use, in which case the property would revert to Arthur's estate, he has created:

A) a fee simple absolute.
B) a base fee.
C) a life estate with a remainder.
D) a future interest to Melissa.

Question 73

The All-Power Gas and Electric Company cleared a right of way across Larry's land and put up a power line, which it has maintained for the past 20 years. Now the company wants to replace the old line with a new one, and Larry has decided he doesn't want them on his land.
a. Does the Power Company have a recognizable interest in Larry's land? Explain.
b. Can Larry keep them from installing a new line? Explain.

Question 74

Which of the following is NOT an example of co-ownership?

A) A joint tenancy
B) A tenancy by the entireties
C) A tenancy in common
D) A lease between a landlord and a tenant

Question 75

In May 2006, Dad grants a life estate to Mom, with a remainder interest in daughter, Sally. In June 2006, Mom sells her life estate to Bob who dies in June of 2007. Mom dies in October of 2009. Sally claims she has a right to the land after Bob dies. Does she?

A) No, it goes to Bob's heirs until Mom dies
B) No, it goes back to Mom
C) Yes, since Bob's life estate ended
D) No, it goes to Mom's heirs

Question 76

If a monthly lease does not specifically provide for a date the rent is due, the tenant must pay at:

A) the end of the month.
B) the 15th of the month.
C) the beginning of the month.
D) five days after the beginning of the month.

Question 77

Agatha, Betty, and Clara are sisters who own 300 acres of land as joint tenants.
a. What interest does each of them have in the parcel of land?
b. If Betty dies, what happens to her share of the 300 acres?
c.If Clara sells one-half of her interest to Diane, what interest does Diane acquire in the 300-acre parcel?

Question 78

If B grants A a life estate in his property and then B dies, what happens to the land when A dies?

A) It goes to A's heirs.
B) It goes to the state.
C) It reverts to B's heirs.
D) It passes under A's will.