Deck 36: Real Property and Landlord-Tenant Law

Question 1

Plant life is not considered to be real property.

Answer 1

False

Question 2

A contract for the sale of commercial realty should indicate what items are included in the sale.

Answer 2

False

Question 3

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Answer 3

True

Question 4

In most states, the seller of a new house warrants that it is fit for habitation.

Question 5

Real estate sales contract are often made contingent on the buyer obtaining financing.

Question 6

Land includes the artificial structures attached to it.

Question 7

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

Question 8

A special warranty deed provides the most protection against defects of title.

Question 9

The owner of real property has relatively exclusive rights to the airspace above the land.

Question 10

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

Question 11

An easement can be created by prescription.

Question 12

A fixed-term tenancy is created when a lease does not specify its duration.

Question 13

A warranty deed provides the most protection against defects of title.

Question 14

In a fee simple absolute, the owner has the greatest aggregation of rights, privileges, and power possible.

Question 15

Life tenants are persons who share ownership rights simultaneously.

Question 16

Under the power of eminent domain, the government may take private property only for private use, not for public benefit.

Question 17

For a party to take by adverse possession, the party's possession must not be open, visible, or notorious.

Question 18

An item cannot be a fixture unless it is physically attached to the land.

Question 19

An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.

Question 20

A profit is the right to make limited use of another person's real property without taking anything from the property.

Question 21

Generally, a tenant must pay agreed-to rent even if the tenant moves out.

Question 22

A lease is enforceable even if the premises are intended for an ille?gal purpose.

Question 23

Even after a tenant assigns a lease, the tenant may be obligated to pay rent.

Question 24

Constructive eviction occurs when a tenant moves off the premises in re?taliation against the landlord.

Question 25

A tenant is not responsible for the ordinary wear and tear of leased premises.

Question 26

A tenant has a duty to maintain in a reasonably safe condition those ar?eas under his or her control.

Question 27

A tenant cannot withhold rent for any reason.

Question 28

Even after a tenant sublets leased premises, the tenant may be obligated to pay rent.

Question 29

When a landlord sells leased premises to a third party, any existing leases terminate automatically.

Question 30

Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage. The exterior boundaries of the land extend

A) 100 feet into the earth and 100 feet into the atmosphere.
B) one mile into the earth and one mile into the atmosphere.
C) to infinity and beyond.
D) to the center of the earth and up to the farthest reaches of the atmosphere.

Question 31

Jack owns the surface rights for Rocky Ridge Ranch, but does not own the subsurface rights. Ginny owns the subsurface rights. Rocky Ridge Ranch has a historic barn, which is damaged when Ginny is excavating minerals from the ranch. Who is most likely responsible for the damage to the barn?

A) Ginny only
B) Jack only
C) Ginny and Jack
D) no one

Question 32

Jacob owns five acres of land in northern California. On his land Jacob has a house and a toolshed. There are ten large maple trees around the house that were there when Jacob bought the land. Since buying the land, Jacob has planted an apple tree. Jacob's real property includes

A) the house and toolshed only.
B) the house only.
C) the house, toolshed and maple trees only.
D) the house, toolshed, maple tress and apple tree.

Question 33

A landlord is usually required to give some period of notice to terminate a periodic tenancy.

Question 34

Generally, contract doctrines apply to a landlord-tenant relationship.

Question 35

A tenant is responsible for all damage to leased premises.

Question 36

The implied warranty of habitability does not apply to substantial physical defects that a landlord has had a reasonable time to repair.

Question 37

Under the covenant of quiet enjoyment, a landlord promises that a ten?ant will not be disturbed in the possession of the premises.

Question 38

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

Question 39

Marshall owns a piece of land, but James owns the mineral rights to Marshall's land. James wishes to sell the mineral rights. James

A) cannot sell the mineral rights.
B) can only sell the mineral rights if Marshall agrees.
C) must give Marshall 30 percent of the proceeds of the sale of the mineral rights.
D) can sell the mineral rights without consulting Marshall.

Question 40

Phil owns a farm in South Dakota. He does not like it when planes from the local airport fly over his property. Phil is unlikely to win a case claiming that airplanes flying over his land violate his property rights unless

A) the planes fly over more than twice a day.
B) he can prove there are more efficient routes for the planes to take.
C) the flights are low and frequent and cause direct interference with Phil's enjoyment of the land.
D) the planes belong to private individuals.

Question 41

Consumer Shops, Inc., signs a lease for a storefront owned by Downtown Building Company. Unlike a purchaser of real property, Consumer Shops

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 42

Silas sells his farm to Kathy. The title is transferred by deed. Kathy is the

A) grantee.
B) grantor.
C) tenant.
D) adverse possessor.

Question 43

Bakri owns a house. In the house, on a tile floor is a throw rug. Most likely to meet the definition of a fixture is

A) the house.
B) the throw rug.
C) the tile floor.
D) none of these choices.

Question 44

Mineral Products Corporation, which owns no land, has a right to mine the copper from Natural Resource Company's land. Mineral's right is

A) a leasehold estate.
B) a license.
C) an easement.
D) a profit.

Question 45

Cow Country Corporation (CCC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CCC retains the right to remove a lim?ited amount of water per day from the res?ervoir. This right is

A) a leasehold estate.
B) a license.
C) an easement.
D) a profit.

Question 46

Patsy possesses twenty-four acres of remote, rugged land. Patsy has the right to use the property, in?cluding extracting silver from an existing mine, for life. Patsy also has the right to lease the land for a period not to exceed her life. Patsy's ownership interest is

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

Question 47

With respect to Egor's land, Fig has an easement, Gabe has a profit, and Huck has a license. A right to possess the land is owned by

A) Egor.
B) Fig.
C) Gabe.
D) Huck.

Question 48

Fact Pattern 36-1 (Questions 8-10 apply)
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 36-1. Nika's ownership interest is

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

Question 49

To acquire the ownership of a 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 the owner files a suit.
C) without the owner's knowledge.
D) with the state's permission.

Question 50

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 leasehold estate.
B) a license.
C) an easement.
D) a profit.

Question 51

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer. Jamal's tenancy is

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

Question 52

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

A) a fee simple absolute.
B) a license.
C) an easement.
D) a profit.

Question 53

Fact Pattern 36-1 (Questions 8-10 apply)
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 36-1. Nika deeds some of her land to Polly. The deed states, "To Polly, for life, then to Quay." Nika has given Polly

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

Question 54

Tyro has the right to drive across Ula's land, which is next to Tyro's prop?erty, to reach an access road. Tyro's right is

A) an easement appurtenant.
B) an easement in gross.
C) a profit appurtenant.
D) a profit in gross.

Question 55

Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distin?guishes Moby, a tenant, from Ollie, a licensee, is

A) the exclusivity of possession.
B) the quiet enjoyment of rights.
C) the temporary nature of possession.
D) the title to the property.

Question 56

Opal conveys three acres of wetlands to Pristine Places, Inc., with a deed that warrants only that Opal held good title during her 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 57

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 58

William owns a field where he grows cotton. When William sells the field to Grace, he includes the cotton that is growing in the field. This sale is governed by

A) the Uniform Commercial Code.
B) common law.
C) real property law.
D) personal property law.

Question 59

Utility Power Company has the right to run its power lines across Velma's land. This is

A) a license.
B) an easement.
C) a profit.
D) a tenancy at sufferance.

Question 60

Fact Pattern 36-1 (Questions 8-10 apply)
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 36-1. Nika conveys some of her land to Reggie with the right to possess and use the property for a certain period of time. Nika has given Reggie

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

Question 61

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

A) at least one week's notice.
B) at least two weeks' notice.
C) at least thirty days' notice.
D) at least sixty days' notice.

Question 62

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) breach of the covenant of quiet enjoyment.
B) breach of the implied warranty of habitability.
C) discrimination.
D) failure to provide security against crimes in com?mon areas.

Question 63

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the build?ings, PMC 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 64

Sid rents an apartment from Town Properties, Inc. The lease, which ends on May 31, does not include an option for re?newal, and Sid and Town do not discuss whether Sid can stay on at the end of the term. On June 1, Sid has

A) an implied option to renew the term.
B) a right to remain contingent on notice from Town.
C) a right to remain subject to notice to Town.
D) no right to remain.

Question 65

Xavier owns a duplex that he leases to Yvon and Zack. Xavier may sell

A) the duplex at any time.
B) the duplex, but only after the lease expires and the tenants move out.
C) the duplex, but only with the tenants' permission.
D) the lease, but not the duplex.

Question 66

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable an?nually. The lease includes a clause stating that Burgertown is re?sponsi?ble for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Andy's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Burgertown, without Andy's knowledge or consent, as?signs its interest in the lease to Chicken Hut Restaurants, Inc. Mean?while, Andy dies and Dotty inherits Andy's interest in the building. Without the knowledge or consent of either Burgertown or Chicken Hut, Dotty sells the building to Earnest Investments, Inc. The next month, the building is destroyed in the flood of a nearby river. Burgertown rebuilds it and files a suit against Earnest for the expense. Earnest responds that the lease has terminated. Is Earnest correct? If so, when did the lease termi?nate? If not, is Earnest liable for the cost of re?building the structure? Why or why not?

Question 67

Jai owns an orchard behind Key's house and property. The only access to the orchard is Key's driveway, which Jai uses to get to her orchard. Jai sells the orchard to Laurentz. Can Laurentz use the right-of-way across Key's property?

Question 68

Hobby Farms, Inc., owns rural property that it leases to various tenants, including Ira. Ira's transfer of his entire interest in the leased property to a Jason is

A) an assignment.
B) an eviction.
C) a right of entry.
D) a sublease.

Question 69

Oak Grove Residences, Inc., owns apartment buildings. Pedro leases one of Oak Grove's apartments. Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

A) an assignment.
B) an eviction.
C) a right of entry.
D) a sublease.

Question 70

Dora leases a house from Evan for a two-year term. To ensure the valid?ity of their lease, it should include

A) a description of the premises.
B) a due date for the payment of the property taxes.
C) a requirement that Dora perform structural repairs to the house.
D) a requirement that Evan carry liability insurance.

Question 71

Bren leases an apartment from Cris for one year. After two months, she sublets the premises for the next six months to Dee, without obtaining Cris's con?sent. Dee pays the rent for only four months. For the last two months of Dee's six-month term, Bren is

A) liable for the rent, because Dee defaulted.
B) liable for the rent, because the sublease lacked Cris's consent.
C) not liable for the rent, because Bren does not own the apartment.
D) not liable for the rent, because Bren sublet the premises to Dee.

Question 72

LaDonna signs a one-year lease with Mae to occupy an apartment in Ames, Iowa, near the University of Iowa. LaDonna needs the apartment only for two semesters 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.