Deck 49: Real Property Landlord-Tenant Law

Question 1

One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.

Answer 1

True

Question 2

In most states, statutes require leases for terms exceeding one year to be in writing, and state or local law often dictates permissible lease terms.

Answer 2

True

Question 3

A sale of real estate is a complicated transaction that involves certain formalities that are not required in a sale of goods.

Answer 3

True

Question 4

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited, not necessarily for whatever purpose the owner sees fit.

Question 5

The protection of an individual's right to his or her property has become one of our most important rights.

Question 6

Most states imply a warranty-the implied warranty of habitability-in the sale of new homes.

Question 7

It is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.

Question 8

Persons cannot share ownership rights simultaneously in particular property (including real property and personal property)-one person's interest is always superior.

Question 9

Eminent domain is the condemnation power of government to take land for public use.

Question 10

A sublease releases the tenant from his or her obligations under the lease.

Question 11

A easement is the revocable right of a person to come onto another person's land.

Question 12

Community property it is created when a real property owner or lessor agrees to convey the right to possess and use the property to a lessee (tenant) for a certain period of time.

Question 13

The exterior boundaries of land extend down to the depth of the deepest hole and up to the height of the tallest structure and no further.

Question 14

A recording statute allows deeds to be recorded to give notice to the public.

Question 15

A joint tenant cannot transfer his or her rights by sale or gift without the consent of the other joint tenants.

Question 16

Marketable title means that the grantor's ownership is saleable even if there are encumbrances or defects.

Question 17

For a party to take by adverse possession, the party's possession must be peaceable, and not hostile or adverse.

Question 18

A quitclaim deed offers the most protection against defects in the title.

Question 19

A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

Question 20

The mere possession of land without right is called a tenancy at will.

Question 21

Franz owns GuestHouse Hotel. His ownership rights include the right to sell or give away the property without restriction, as well as the right to com?mit waste, if he chooses. Franz's ownership interest is

A) a fee simple absolute.
B) a profit.
C) a life estate.
D) the power of eminent domain.

Question 22

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

A) the power of eminent domain.
B) a license.
C) an easement.
D) a profit.

Question 23

To acquire the ownership of Bart's mountain cabin by ad?verse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time

A) in an, open, hostile, and adverse manner.
B) until Bart files a suit.
C) without Bart's knowledge.
D) with the state's permission.

Question 24

Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely responsible for the damage is

A) Dusty.
B) Barlow.
C) Dusty and Barlow.
D) no one.

Question 25

Tropic Breeze Residences, Inc., owns apartment buildings. Umberto leases one of Tropic Breeze's apartments. Umberto's transfer of his interest in the lease to Vito for a period shorter than the lease term is

A) an assignment.
B) a license.
C) adverse possession.
D) a sublease.

Question 26

Fact Pattern 49-1B (Questions B19-B20 apply)
Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term.
Refer to Fact Pattern 49-1B. Trends Clothing is liable to

A) no one.
B) Stores & Shops and Unique Fashions for disputing Unique Fashions's business decision.
C) Stores & Shops for at least some of the unpaid rent.
D) Stores & Shops's tenants, except Unique Fashions, for abandoning Trends Clothing's space.

Question 27

Roderick possesses five hundred acres of forested property. Roderick has the right to use the land, in?cluding cutting its timber, for life. Roderick also has the right to lease the land for a period not to exceed his life. This ownership interest is

A) a fee simple absolute.
B) a leasehold estate.
C) a life estate.
D) an easement.

Question 28

Qiana and Rex take title to a Shakes n' Burgers restaurant in such a way that if one dies, the other will be the sole owner. Qiana and Rex own the restaurant as

A) co-owners in fee simple.
B) joint tenants.
C) tenants by the entirety.
D) tenants in common.

Question 29

Fact Pattern 49-1B (Questions B19-B20 apply)
Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term.
Refer to Fact Pattern 49-1B. In some jurisdictions, Stores & Shops would be

A) entitled to damages from Unique Fashions for its business decision.
B) entitled to increase other tenants' rent to cover Trends Clothing's unpaid rent.
C) entitled to the unpaid rent from Trends Clothing.
D) required to mitigate its damages.

Question 30

Alf rents an apartment. The lease does not specify how long it will last, but it does specify that Alf must pay rent every month. Alf's tenancy is

A) a fixed-term tenancy.
B) a periodic tenancy.
C) a tenancy at will.
D) not a tenancy.

Question 31

Kenneth has a periodic tenancy that requires him to pay rent weekly. Kenneth wishes to terminate his tenancy. Under the common law, he must give his landlord notice of at least

A) one week.
B) two weeks.
C) thirty days.
D) sixty days.

Question 32

Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is

A) a license.
B) an easement.
C) a profit.
D) the power of eminent domain.

Question 33

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his ownership of the property. This deed is

A) a grant deed.
B) a quitclaim deed.
C) a special warranty deed.
D) a warranty deed.

Question 34

Buck owns five acres of land in California. On the land Buck has a house and a toolshed. There are ten large maple trees around the house. The real property includes

A) the land only.
B) the land and the house only.
C) the land, the house, and the toolshed, but not the trees.
D) the land, the house, the toolshed, and the trees.

Question 35

Residential Property Corporation owns apartment buildings in three states. Regarding standards for maintenance of the build?ings, Residential Property should consult

A) the applicable city ordinances and state statutes.
B) the previous owners.
C) the long-term tenants.
D) the Uniform Landlords' Maintenance Manual.

Question 36

With respect to Italo's bottomland, Jacob has an easement, Kristin has a profit, and Leopold has a license. A right to possess the bottomland is owned by

A) Italo.
B) Jacob.
C) Kristin.
D) Leopold.

Question 37

LaDonna signs a one-year lease with Mae to occupy an apartment near the University of Iowa. LaDonna needs the apartment for two semesters only and may have to sublet it for the rest of the term. LaDonna's tenancy is

A) a periodic tenancy.
B) a tenancy at will.
C) a tenancy at sufferance.
D) a fixed-term tenancy.

Question 38

Dian and Elton buy a duplex in Fargo, North Dakota. On the death of either owner, that owner's interest in the duplex passes to his or her heirs. This is

A) a joint tenancy.
B) a life estate.
C) a tenancy in common.
D) ownership in fee simple absolute.

Question 39

Brick & Mortar Stores, Inc., signs a lease for a storefront owned by Commercial Properties, Inc. Unlike a purchaser of real property, Brick & Mortar

A) acquires only temporary possession of the premises.
B) enjoys exclusive possession of the premises.
C) holds only temporary title to the premises.
D) retains temporary, exclusive possession and title to the premises.

Question 40

Rita believes that Shady Grove Apartments, Inc., her landlord, has vio?lated the law in a way that entitles her to withhold the rent. This remedy is gener?ally associated with

A) adverse possession.
B) breach of the implied warranty of habitability.
C) discrimination.
D) failure to provide security against crimes in com?mon areas.

Question 41

Lamar owns a field behind Megan's house and property. The only access to the field is Megan's driveway, which Lamar uses to get to his field. If Lamar sells the field, can the buyer use the right-of-way across Megan's property?

Question 42

Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nathan's Deli is adjacent to the project. Nathan's loses most of its business when the residents are moved. Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?