Deck 24: Real Property and Environmental Law

Question 1

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Answer 1

False

Question 2

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 a fee simple owner.

Answer 2

False

Question 3

A fixed-term tenancy is created when property is leased for a specified period of time.

Answer 3

True

Question 4

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

Question 5

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

Question 6

To be valid, a deed must contain a legally sufficient description of the land.

Question 7

The government can recover the cost to clean up a hazardous waste disposal site from the persons who were even remotely responsible.

Question 8

For a party to take by adverse possession, the party must have used force to possess the land.

Question 9

With a tenancy at will, either party can terminate the tenancy without notice.

Question 10

A periodic tenancy is created by a lease that does not specify how long it is to last, but does specify that rent is to be paid at certain intervals.

Question 11

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

Question 12

Under the doctrine of nuisance, persons may be liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property.

Question 13

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology.

Question 14

New sources of water pollutants must install pollution-control equipment before beginning operations.

Question 15

An assignment of a lease releases the original tenant from the obligation to pay rent should the assignee default.

Question 16

Those who knowingly violate the Clean Air Act may be subject to criminal penalties.

Question 17

The National Pollutant Discharge Elimination System focuses only on industrial wastewater and storm water discharges.

Question 18

Federal law provides the basis for issuing regulations to control multistate air pollution.

Question 19

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

Question 20

Under the implied warranty of habitability, a tenant impliedly warrants that he or she will "habitate" on the premises during the term of the lease.

Question 21

Eminent domain is the right of an owner of property in fee simple absolute to use the property as he or she sees fit.

Question 22

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

Question 23

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Question 24

​Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on

A)a negligence theory.
B)a nuisance theory.
C)any theory.
D)a strict liability theory.

Question 25

Surface and subsurface rights cannot be separated.

Question 26

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

A)an environmental impact statement.
B)a nuisance.
C)a toxic tort.
D)a hazardous substance response.

Question 27

The covenant of quiet enjoyment is a promise that the buyer will not be disturbed in his or her possession of the land.

Question 28

The landlord is responsible for all damage to leased premises negligently caused by the tenant.

Question 29

With regard to air pollution, there is one set of ambient standards-maximum permissible levels of certain pollutants-and the federal government formulates plans to achieve them.

Question 30

Performance standards for new sources of water pollution require the use of any available control technology, or AACT.

Question 31

In most states, 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 32

Alexis sells half of her Triple A Ranch land to the Bar B Ranch. On the land is a reservoir. In the deed, Alexis retains the right to remove a limited amount of water per day from the reservoir. This right is

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

Question 33

Different standards for air quality depend on whether the sources of pollution are located in clean areas or polluted areas.

Question 34

The Environmental Protection Agency sets maximum levels for pollutants in public water systems.

Question 35

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $50,000. Industrial Solvents is subject to a fine of

A)$0.
B)$15,000 per day.
C)$50,000 per day.
D)$65,000 total.

Question 36

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is

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

Question 37

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Question 38

Property used by a government for a public purpose such as a park is community property.

Question 39

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.

Question 40

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 41

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, which does not require a significant monetary commitment, an environmental impact statement is most likely

A)prohibited because the action does not affect the environment.
B)required because the action is "federal."
C)unnecessary because the action is not "major."
D)voluntary because the action does not affect the environment.

Question 42

Kelly leases an office from Land & Building Company (LBC) for a four-year term with the rent payable monthly. At the end of the term, Kelly retains possession of the office with LBC's consent and continues to pay monthly rent. This is

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

Question 43

Sol allows Tiffany to camp on his land for several days and take photos for an upcoming exhibit of landscape photography. Sol has given Tiffany

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

Question 44

Maggie uses John's garage to store her car. She does not pay rent. John decides that he needs the garage for his own car. To terminate this tenancy at will, John

A)must give Maggie at least one week's notice.
B)must give Maggie at least two week's notice.
C)must give Maggie a reasonable amount of time to find a new place to park her car.
D)need not give Maggie any notice.

Question 45

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

A)an assignment.
B)a violation of the law.
C)a periodic tenancy.
D)a sublease.

Question 46

​Roderick possesses five hundred acres of forested property. Roderick has the right to use the land, including 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.Fact Pattern 24-1 Open Pit Excavation Inc.operates a rock quarry next to Robyn's vineyard and winery.Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably interferes with Robyn's enjoyment of her property.

Question 47

Bay City wants to acquire privately owned undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is

A)adverse possession.
B)an easement.
C)constructive eviction.
D)the power of eminent domain.

Question 48

Congress enacts a new air quality statute that applies to businesses. To enforce federal environmental legislation, the federal government relies on

A)all levels of government and private citizens.
B)federal agencies only.
C)local sheriffs and police departments.
D)businesses' voluntary compliance.

Question 49

Meadowland Acres, Inc., owns rural property that it leases to various tenants, including Norma. Norma's transfer of her entire interest in the leased property to Odette is

A)an assignment.
B)a constructive eviction.
C)waste.
D)a sublease.

Question 50

County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing

A)County Water's financial situation and material facts that might affect it.
B)other operations, such as irrigation and water conservation, in which County Water is involved and to what extent.
C)parties who might be held liable if pollution problems arise.
D)the source of the water, the level of any contaminants and health concerns.

Question 51

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached

A)the implied warranty of habitability.
B)the covenant of quiet enjoyment.
C)nothing.
D)the concept of eminent domain.

Question 52

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

A)strict liability.
B)liability under the nuisance doctrine.
C)liability on a negligence theory.
D)no liability.

Question 53

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

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

Question 54

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property, which is adjacent to Car Wash's facility. This right is

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

Question 55

Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include

A)corporate officers who knowingly violate the act.
B)persons who provide information about violators but otherwise fail to act.
C)private citizens who fail to sue violators.
D)none of the choices.

Question 56

​Refer to Fact Pattern 24-1. The court is most likely to award Robyn an injunction

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 57

Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 58

Grant wants to transfer the ownership of his warehouse to Holly by deed. To do so requires

A)the grantee's (and usually his spouse's) signature only.
B)the grantor's (and usually his spouse's) signature only.
C)the grantee's and the grantor's signatures.
D)a judge's signature.

Question 59

Plywood & Particleboard Mill, Inc., does not use filters on its stacks, which consequently pollute the air. Quinn, a Plywood employee, suffers respiratory illness. To succeed in a suit against the company on the ground of negligence, Quinn must show that his illness was caused by

A)a distinct harm separate from that affecting the general public.
B)a lesser harm than an injunction would impose on Plywood.
C)Plywood's failure to use reasonable care to avert harm to Quinn.
D)the same harm as that affecting the general public.

Question 60

Mia has a periodic tenancy that requires her to pay rent weekly. Mia wishes to terminate her tenancy. Under the common law, she must give her landlord notice of at least​

A)one week.
B)two weeks.
C)thirty days.
D)no certain period.

Question 61

​Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in an assessment of

A)cleanup costs and damages.
B)cleanup costs only.
C)damages only.
D)no cleanup costs or damages.

Question 62

Loaf & Biscuit Company operates a commercial dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A)a violation.
B)not a violation because dough is not considered a pollutant.
C)not a violation because the plant does not use any equipment.
D)not a violation because the plant is not a mobile source.

Question 63

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 liable for the damage is

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

Question 64

Samantha occupies a house on her mother Ruth's farm without paying rent. Either party can terminate this arrangement without notice. This is

A)a periodic tenancy.
B)a tenancy at sufferance.
C)a tenancy at will.
D)no tenancy.

Question 65

Investment Properties Corporation conveys an office building to Jim with a deed that makes the greatest number of covenants and provides the most extensive protection against defects of title. This deed is

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

Question 66

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

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

Question 67

Refer to Fact Pattern 24-1. The court is most likely to award Robyn damages

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 68

Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is polluted. The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?​

Question 69

The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use

A)the absolutely cleanest air technology.
B)the best available filter technology.
C)the maximum achievable control technology.
D)the most affordable scrubbing technology.

Question 70

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payments of rent and without Grey's permission. This is

A)a periodic tenancy.
B)a tenancy at sufferance.
C)a tenancy at will.
D)a fixed-term tenancy.Fact Pattern 24-1 Open Pit Excavation Inc.operates a rock quarry next to Robyn's vineyard and winery.Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably interferes with Robyn's enjoyment of her property.

Question 71

Smelting & Refining Company generates solid waste considered hazardous. The company labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely

A)not a violation.
B)a violation because Smelting & Refining generates solid waste.
C)a violation because the waste is transported off-site.
D)a violation because the waste is considered hazardous.

Question 72

Gifford and Harmony are not married to each other, but they share the ownership of Idyllic Apartments. When they acquired the apartment building, they agreed in writing that if one dies, the other inherits his or her interest. Are Gifford and Harmony concurrent owners? If so, in what type of concurrent ownership are their rights held? If not, how is their ownership classified? Jocelyn leases an apartment for a one-year term. If Jocelyn moves out before the end of the term, what happens to the leased apartment?