Deck 50: A: Real Property Landlord-Tenant Relationships

Question 1

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

Answer 1

False

Question 2

A profit 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.

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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 9

There are no exceptions to zoning laws.

Question 10

Most states do not limit the government's ability to take private property to give to private developers.

Question 11

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

Question 12

An easement may arise by implication.

Question 13

Land assigned by zoning laws for business activities is designated as being for commercial use.

Question 14

Persons who share ownership rights simultaneously are life tenants.

Question 15

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

Question 16

No tenant has a qualified right to the exclusive possession of leased real property.

Question 17

Even after a tenant sublets leased premises,he or she may be obligated to pay rent.

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

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 23

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 24

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 25

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 26

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat 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 27

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 28

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 29

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 30

Cornucopia Farms LLC possesses farmland.Cornucopia has the right to use the property,including harvesting the crops,for ten years.Cornucopia 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 31

Sid rents an apartment from Town Homes,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 32

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 33

Fact Pattern 50-1B
Shopping Mall,Inc.(SMI),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 50-1B.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 34

Fact Pattern 50-1B
Shopping Mall,Inc.(SMI),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 50-1B.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 35

To acquire the ownership of a vacant lot by ad?verse possession,Durwood must occupy the lot 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 36

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 37

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 38

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 39

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 40

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 41

Bay City exercises its power of eminent domain to acquire land for a public project,including part of a mass transit monorail and a traffic bypass.Bay City relocates more than 10,000 residents from the land and destroys their homes to begin the project.Cho's Sweet Treats is a bakery at the edge of the area.Cho's loses most of its business when the residents are moved.Cho's files a suit against Bay City,alleging that the city's acquisition of the land resulted in a taking of the bakery's property interest,entitling it to compensation.What is a taking? What might Cho's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

Question 42

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?