Deck 48: Real Property and Landlord-Tenant Relationships

Question 1

If property is owned as community property, a spouse owns an undivided one-half interest in it.

Answer 1

True

Question 2

Land includes the artificial structures attached to it.

Answer 2

True

Question 3

In most states, a landlord is required to give some period of notice to terminate a tenancy.

Answer 3

True

Question 4

The holder of a life estate has the right to use property for whatever purpose he or she sees fit without regard to the rights of its fee simple owner.

Question 5

A profit is a right to make a profit from some part of the land or some product of the land, and the right terminates once that profit is made.

Question 6

An easement can be created by necessity.

Question 7

Persons who share ownership rights simultaneously are life tenants.

Question 8

A joint tenant's sale of his or her interest terminates the tenancy.

Question 9

A fixed-term tenancy terminates at the end of the specified period without notice.

Question 10

An unlimited number of persons can hold property as joint tenants.

Question 11

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

Question 12

Property acquired by a government through eminent domain is community property.

Question 13

Co-ownership in which each of two or more unmarried persons owns an undivided interest in property is a tenancy by the entirety.

Question 14

Land includes all of the waters on or under its surface.

Question 15

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

Question 16

A tenancy for years is created when a lease does not specify its duration.

Question 17

Only two persons can hold property as tenants in common.

Question 18

A seller generally has a duty to disclose any known defect that materi?ally affects the value of the property.

Question 19

A person who holds all rights in property owns the prop?erty in fee simple.

Question 20

It is presumed that a co-tenancy is a tenancy in common unless there is a clear intention to establish a joint tenancy.

Question 21

Eminent domain is the right of an owner in fee simple ab?solute to trans?fer property to whomever he or she wishes.

Question 22

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

Question 23

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

Question 24

Taking private property for public use requires the payment of "just compensation."

Question 25

Generally, a tenant must pay agreed-to rent even if the tenant moves out as long as the move is unjustifiable and the lease is in force.

Question 26

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

Question 27

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

Question 28

The implied warranty of habitability does not apply to major physical defects that a landlord knows about.

Question 29

For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights.

Question 30

Adverse possession is a means of obtaining title to property without the delivery of a deed.

Question 31

A tenant is not responsible for any damage to leased premises.

Question 32

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

Question 33

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

Question 34

A lease terminates automatically when its terms ends.

Question 35

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

Question 36

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

Question 37

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

Question 38

A tenant can withhold rent for any reason.

Question 39

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

Question 40

A quitclaim deed warrants more than any other deed.

Question 41

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 42

Jody and Kent each own one-half of Local Motion, a club, as a tenant in common. Kent sells his interest to Meri, who now owns

A) no interest in the firm.
B) the firm in fee simple.
C) the firm with Jody as joint tenants.
D) the firm with Jody as tenants in common.

Question 43

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies, the other will be the sole owner. Ian and Jackie own the kiosk as

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

Question 44

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 restrictive covenant.
D) a tenancy at will.

Question 45

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 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. This ownership interest is

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

Question 47

Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the property, may create a tenancy for years by

A) deed.
B) express contract.
C) implication.
D) sufferance.

Question 48

Fact Pattern 48-1A
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 48-1A. Nika's ownership interest is

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

Question 49

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, Fig, and Gabe only.
B) Egor and Gabe only.
C) Egor only.
D) Fig, Gabe, and Huck only.

Question 50

Kelly and Lon are married and own a hunting lodge in Montana in such a way that neither may transfer separately his or her interest during his or her lifetime. Kelly and Lon own the lodge as

A) community property owners.
B) joint tenants.
C) tenants by the entirety.
D) tenants in common.

Question 51

Orin owns Pilot's Landing Office Park. 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 she chooses. Orin's ownership interest is

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

Question 52

Fact Pattern 48-1A
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 48-1A. 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 53

Fact Pattern 48-1A
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 48-1A. 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

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes

A) neither the crops nor the trees.
B) the crops and the trees.
C) the crops only.
D) the trees only.

Question 55

Elsie and Frida buy a condo near the beach in Gulf Shores, Alabama. On the death of either owner, that owner's interest in the condo passes to her heirs. This is

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

Question 56

Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence, Kansas, near the University of Kansas. Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term. Rafe's tenancy is

A) a periodic tenancy.
B) a tenancy at will.
C) a tenancy at sufferance.
D) a tenancy for years.

Question 57

Rural Holding Company (RHC) possesses farmland. RHC has the right to use the property, including harvesting the crops, for ten years. RHC does not have the right to extract the coal under the land. This is

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

Question 58

Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes

A) the pond, the soil, and the structures.
B) the pond and the soil only.
C) the soil only.
D) the structures and the soil only.

Question 59

Jen and Kilroy own a condo near Lake Tahoe as joint tenants. Kilroy sells his ownership rights in the condo to Mira. Jen and Mira own the condo as

A) community property owners.
B) joint tenants.
C) tenants by the entirety.
D) tenants in common.

Question 60

Fergie and Gus buy a cabin in the Smoky Mountains near Gatlinburg, Tennessee. On the death of either owner, that owner's interest in the cabin passes to the surviving owner. This is

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

Question 61

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 62

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 63

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 64

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 65

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 66

Fact Pattern 48-2B
Shopping Mall, Inc. , leases space to Toney Goods Company and Uneek Stuf Store. Later, Uneek begins to sell items that are similar to Toney's goods, and Toney abandons its space before the end of the lease term.
Refer to Fact Pattern 48-2B. Toney is liable to

A) neither SMI nor its tenants.
B) SMI and Uneek for disputing Uneek's business decision.
C) SMI for at least some of the unpaid rent.
D) SMI's tenants, except Uneek, for abandoning Toney's space.

Question 67

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 68

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 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

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 71

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 72

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 73

Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is

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

Question 74

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 75

Fact Pattern 48-2B
Shopping Mall, Inc. , leases space to Toney Goods Company and Uneek Stuf Store. Later, Uneek begins to sell items that are similar to Toney's goods, and Toney abandons its space before the end of the lease term.
Refer to Fact Pattern 48-2B. In a growing number of jurisdictions, SMI would be

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

Question 76

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 77

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 78

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 79

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 80

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.