Deck 30: Real Property and Landlord and Tenant Law

Question 1

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

Answer 1

True
Explanation: An assignment or sublease will be held valid if the landlord accepts rent over a period of time from either a subtenant or an assignee.

Question 2

Unsafe electrical wiring in a building would amount to a breach of warranty of habitability.

Answer 2

True
Explanation: When real property is rented for dwelling purposes, there is an implied warranty, called the warranty of habitability, that the premises are fit for human habitation. This provision means that the landlord warrants there are no defects vital to the use of the premises for residential purposes.

Question 3

A license to search and extract gives the licensee the right to leave property with a quantity of oil.

Answer 3

True
Explanation: A license is a limited contract that bestows limited rights on the licensee-the right to enter the land, the right to search for the oil and gas, and the right to leave with a quantity of that oil and/or gas. No other property rights are transferred to the licensee.

Question 4

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

Question 5

Real estate is defined as the ownership rights that go along with the land and everything temporarily or permanently attached to it.

Question 6

A bargain-and-sale deed is one that transfers all warranties of title to property.

Question 7

An assignment of a lease occurs when the interest in the leased premises is transferred by the lessee to another person for a part of the term, but not for the remainder of it.

Question 8

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

Question 9

When two or more persons own real property as tenants in common, each person owns an undivided share of the whole property.

Question 10

Melinda digs a hole next to Susan's building and Susan's building foundation cracks. Generally, Melinda would not be liable for damages.

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

A barber's chair bolted to the floor of a rented building becomes real property.

Question 13

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 14

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

Question 15

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 16

An "estate in fee simple" allows the land to be owned temporarily, for which a fee is charged.

Question 17

Mike has the right to cross Paco's land to get to the highway. Paco has the dominant tenement, since Mike could not get to the highway without using Paco's land.

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

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

Question 20

A "profit à prendre" may be created by deed, will, or adverse use.

Question 21

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 22

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 23

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 24

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 25

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 26

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 27

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

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

Question 28

Some states authorize landlords to use force to evict tenants.

Question 29

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 30

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 31

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 32

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 33

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 34

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 35

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 36

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 37

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 38

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 39

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 an one-third interest Jack has
C) Jointly owned by Jack and Jill
D) Owned by Jill, Jack, and the children

Question 40

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

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

Question 41

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 42

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 43

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?

Question 44

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 45

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 46

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 47

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 48

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 49

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 50

Martina flew her ultra light 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 51

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?