Deck 48: Interests in Real Property

Question 1

A sublease is made when the tenant transfers control of his entire interest in the leased property to a third party.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

Breach of the implied warranty of habitability allows a tenant to withhold rent according to most courts.

Question 5

State statutes or lease provisions often permit a landlord to evict a tenant for nonpayment of rent.

Question 6

A majority of states have enacted the Uniform Residential Landlord and Tenant Act which provides a comprehensive system for regulating the landlord-tenant relationship.

Question 7

A leasehold is like a bailment in that it permits the tenant to have a possessory but not an ownership interest in the landlord's estate.

Question 8

If Maverick subleases his rental townhome to Mavis for the summer, Mavis is primarily liable to pay the landlord the rent.

Question 9

The Arbor Apartments can legally restrict tenants to those who are married couples.

Question 10

A tenancy at sufferance is created if a tenant fails to vacate the premises when the lease expires.

Question 11

All other estates are derived from the fee simple estate.

Question 12

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

Question 13

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

Question 14

A reversion is held by a person other than the grantor or his successors.

Question 15

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

Question 16

Ownership of real property for a definite time or for the life of a person is a freehold estate .

Question 17

Martha 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 18

Landlords are not liable for injuries their tenants and others suffer as a result of criminal conduct of third parties on the leased premises.

Question 19

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

Question 20

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

Question 21

A license is the limited right to remove the produce from another's land.

Question 22

For a person to acquire an easement, he must have the permission of the owner to use the land.

Question 23

An estate in fee simple would have which of the following characteristics?

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

Question 24

How may an easement be created?

A) By prescription.
B) By reservation.
C) By necessity.
D) It may be created in all of the above ways.

Question 25

A tenancy by the entireties, created only by a conveyance to a husband and wife, is terminated by divorce.

Question 26

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

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

Question 27

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

Question 28

A life tenant may do anything with the land that is legal.

Question 29

Mariella's purchase of a ticket to the ballet grants her a license to use the theater's premises during the performance, but it does not give her an interest in the real property.

Question 30

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

Question 31

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 32

A periodic leasehold tenancy may be terminated:

A) upon expiration of the period.
B) upon 6 months' notice in a tenancy from month to month.
C) upon the date set in the lease agreement.
D) upon notice at the expiration of any one period but only on adequate notice to the other party.

Question 33

Which of the following is a true statement concerning a life estate?

A) A life estate is an ownership right for the life of the grantor.
B) A life estate is an ownership right in property for the life of any individual designated by the grantor.
C) A life estate requires special wording, prescribed by statute, to create it.
D) None of these.

Question 34

An easement describes a limited possessory interest in the land.

Question 35

The Revised Residential Landlord and Tenant Act of 2015 includes new articles covering the disposition of tenant property, lease termination in case of domestic violence or sexual assault, and security deposits, but as of 2017, it had not been adopted by any state.

Question 36

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

Question 37

A tenancy for years must have a duration of at least two years, and notice to terminate must be given at least one month before ending the lease.

Question 38

A freehold estate is:

A) a right to possession of real property
B) a right of ownership of real property for an indefinite time (fee estate).
C) a right of ownership of real property for the life of a person (life estate).
D) All of these.

Question 39

Langdon leases his hayfield to Tom for a period of ten years.What interest does Langdon have in the land?

A) A vested remainder.
B) A reversion.
C) A private easement.
D) A possibility of reverter.

Question 40

A license is generally subject to revocation by the property owner at any time.

Question 41

Which of the following ways is NOT a way to create an easement?

A) The landowner agrees to it orally.
B) It is necessary for access to the land.
C) It is taken by using the land openly in a period of years.
D) All of these.

Question 42

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 possession within a reasonable time.
C) the tenant fixes the problem.
D) the tenant serves the landlord with a court order.

Question 43

Frank provided in his will that his 50 acres were to go to the city in fee simple for a soccer complex as long as no alcoholic beverages were sold on the premises.If alcohol is sold, the property is to go to Frank's estate.The estate created in the city is a:

A) reversion.
B) qualified fee or a fee simple defeasible.
C) possibility of reverter.
D) contingent remainder.

Question 44

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 an unreasonable abandonment of the premises.
C) a constructive eviction has taken place.
D) vacating of the premises constituted an assignment.

Question 45

A leasehold 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 46

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 47

If a landlord leases property "to Susan as long as Sam wishes," the landlord has created a(n):

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

Question 48

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

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

Question 49

A characteristic of a tenancy in common is that:

A) it is a rarely used form of concurrent ownership.
B) each co-owner has an undivided interest in the property and has the right to possession.
C) there is a right of survivorship.
D) All of these.

Question 50

Bess, Ray, and Irwin inherited 48 acres of land, which they own as tenants in common.If Bess decides she wants to live on a portion of the land, in order to get clear title to that portion:

A) Bess may request that the land be partitioned, which would change her, Ray's, and Irwin's undivided interests in the whole parcel into smaller, individually owned parcels.
B) Bess need only move onto the land, as she has the right to possession of the whole 48 acres.
C) Bess would need to convince Ray and Irwin to join her in selling the entire 48 acres, and she would then need to buy the portion she wishes to own separately.
D) Ray and Irwin must agree to relinquish their right of survivorship and thus destroy the present tenancy.

Question 51

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 52

Bob and his sister, Claudia, can NOT own property by:

A) a tenancy by the entireties.
B) tenancy in common.
C) joint tenancy.
D) They can own property in any of these ways.

Question 53

The implied warranty of habitability:

A) is a warranty that the land is well maintained.
B) is a concept created by Congress to protect consumers who rent homes.
C) requires leased premises to be fit for ordinary residential purposes.
D) All of these.

Question 54

Although the court in James v.Taylor recognized that the presumption has been changed by statute in many states, the court stated that at common law, if the wording in a deed was ambiguous, the law favored a:

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

Question 55

Nick rents to Lorna an apartment beginning September 1.Nick has the obligation:

A) to prevent other tenants from being so noisy that they interfere with Lorna's use and enjoyment of the apartment.
B) under the common law, to repair Lorna's apartment as needed.
C) under the majority rule, to give Lorna the right to possession on September 1.
D) under the majority rule, to give Lorna actual possession on September 1.

Question 56

Which of the following represents concurrent property ownership?

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

Question 57

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 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 corporate owner.
C) owns all the space except the common areas.
D) owns only the internal space.

Question 59

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 60

The concept of waste, as used in real property, includes:

A) any act that permanently injures the realty.
B) any omission that permanently injures the realty.
C) any act that unreasonably changes the value of the realty.
D) All of these.

Question 61

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 62

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.Does the company have a recognizable interest in Larry's land? Can Larry keep the company from installing a new line?

Question 63

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 64

A possibility of reverter is the complementary estate to a:

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

Question 65

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

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

Question 66

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

A) rent for the remaining 8 years.
B) damages equal to the difference between the rent specified in the lease and the rent the landlord is able to obtain from reletting the premises.
C) until eviction.
D) until he assigns the lease.

Question 67

Izzy rents a single-family home for one year starting June 1.If the house burns down in September, the common law requires:

A) payment of rent only prior to the destruction.
B) payment to be suspended until the house is repaired.
C) payments to terminate.
D) rent payment to continue for the entire year.

Question 68

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 69

If Arthur were as yet childless, which of the following present grants would be considered as creating a contingent remainder?

A) "To Arthur and his heirs forever and ever."
B) "To Arthur for life and then to his first-born son, but if he has no male children, then to the Catholic Church."
C) "To Arthur for life, then to grantor."
D) "To Arthur for 100 years and then to the Catholic Church."

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 joint tenancy.
C) The sale transfers one-half interest in the land.
D) The sale results in a partition of the land.

Question 71

Jack, a landlord, sells his apartment house to Bob, who knows that each of the four apartments is rented.May Bob tell the tenants to vacate and install his own tenants?

A) Yes, since he is now the owner.
B) Yes, the leases terminate when Jack's ownership ends.
C) No, he must wait until their leases expire.
D) No, they may stay as long as they wish.

Question 72

Which of the following is NOT an example of concurrent 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 73

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

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

Question 74

If Brantly grants Anderson a life estate in Brantly 's property for Anderson 's lifetime and then Brantly dies, what happens to the land when Anderson dies?

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

Question 75

Millie, a tenant, wrongfully abandons her apartment after six months, even though there are six months left on her lease.If there is 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 Millie.
C) Yes, after he relets the apartment.
D) No, the obligation to pay ended when Millie abandoned the apartment.

Question 76

Myra, 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 77

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 78

A future interest remaining in a grantor of property who transfers away less than his entire interest is called a:

A) reversion.
B) remainder.
C) life estate.
D) fee simple absolute.

Question 79

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

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

Question 80

a.What is a fee simple?
b.What is a life estate?
c.If Ed grants a life estate to his wife, what interest does he retain? Explain.