Deck 42: Real Property and Landlord-Tenant Law

Question 1

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

Answer 1

True

Question 2

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.

Answer 2

False

Question 3

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 3

False

Question 4

In a tenancy in common,the interests are undivided.

Question 5

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

Question 6

Personal property may become real property by attaching it to real property.

Question 7

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

Question 8

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

Question 9

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

Question 10

To terminate a periodic tenancy. a landlord must give at least one period's notice to the tenant.

Question 11

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 12

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

Question 13

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 14

In every leasehold estate,the tenant has an unqualified right to exclusive possession.

Question 15

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

Question 16

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 17

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 18

A life tenant can exploit the land by drilling new wells or excavating mines.

Question 19

Surface and subsurface rights cannot be separated.

Question 20

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

Question 21

The government cannot take private property for public use.

Question 22

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

Question 23

A landlord must comply with state statutes and city ordinances regarding maintenance and repair of buildings.

Question 24

Most states' laws require tenants to continue to pay rent even if the leased premises are destroyed.

Question 25

Except for ordinary wear and tear,a tenant is responsible for all damage that he or she causes,intentionally or negligently.

Question 26

A tenant can withhold rent for any reason.

Question 27

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 28

Chita owns the land on which Downwind Farm is situated,plus the farmhouse,barn,and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm-implements,seed,and livestock. The real property is owned by

A)Chita and Elvin.
B)Chita only.
C)Downwind Farm.
D)Elvin only.

Question 29

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 30

The tenant's transfer of leased premises for a period shorter than a lease term is an assignment.

Question 31

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 32

If a tenant abandons the premises,in most states a landlord is required to mitigate his or her damages.

Question 33

Under the covenant of quiet enjoyment,a landlord promises that a tenant's use and enjoyment of the property will not be disturbed by someone with superior title.

Question 34

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 35

Hal owns a farm in Iowa,with a farmhouse,barn,and other structures permanently attached. Hal grows corn on the property. Land includes

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

Question 36

The landlord is responsible for all damage to leased premises.

Question 37

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

Question 38

Rollo deeds a plot of timberland to Scholars University as a gift. The university pays nothing for the property. Rollo has given the university

A)a fee simple absolute.
B)a license.
C)an easement.
D)the power of eminent domain.

Question 39

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

Question 40

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

Question 41

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 42

Verna sells her farm to Wilfred. The title is transferred by deed. Verna is

A)the grantee.
B)the grantor.
C)the adverse possessor.
D)the licensor.

Question 43

Dynamic Landscaping Company has the right to enter onto Eden's land and remove topsoil from certain acreage. This is

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

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 Maggie's tenancy,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

Janice lives in Kendall's beach house without paying rent. This is

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

Question 46

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 47

Investment Properties Corporation conveys an office building to Jim with a deed that makes the greatest number of warranties 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 48

Greta has a fixed-term tenancy for her apartment with Hillview Apartments. Greta dies. Her tenancy

A)passes to her heirs as real property.
B)passes to her heirs as personal property.
C)is terminated.
D)becomes a tenancy at will.

Question 49

Molly owns two houses. She allows her friend Nikki to live in one of them without paying rent. Nikki dies. Nikki's tenancy

A)passes to her heirs indefinitely.
B)passes to her heirs for one year.
C)passes to her heirs for five years.
D)is terminated.

Question 50

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 51

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 52

Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest

A)is potentially infinite in duration.
B)will end with his death.
C)will last for fifty years.
D)will last for seventy-five years.

Question 53

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

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

Question 54

Hank,the owner of Idle Farm,sells Jessie a right to park her RV on Idle land overnight. Jessie's right is

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

Question 55

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 56

Nell wants to lease a condo for two years from Oak Street Condos Inc. In most states,the lease agreement must be

A)in writing.
B)none of the choices.
C)witnessed.
D)notarized.

Question 57

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 58

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

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

Question 59

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 60

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.

Question 61

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 62

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 63

Jay owns a duplex that he leases to Kit and Leo. Jay may sell the duplex

A)to any party at any time.
B)only after the lease expires and Kit and Leo move out.
C)only with Kit and Leo's permission.
D)only to Kit and Leo.

Question 64

Bay City wants to acquire 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 65

Larissa leases to Metal Fabrication 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 Metal Fabrication is re sponsi ble for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Larissa's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment,Metal Fabrication,without Larissa's knowledge or consent,assigns its interest in the lease to National Steel,Inc. Meanwhile,Larissa dies and Olina inherits her interest in the building. Without the knowledge or consent of either Metal Fabrication or National Steel,Olina sells the building to Prime Properties,Inc. The next month,the building is destroyed in a devastating storm. Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense. The defendant responds that the lease has terminated. Is Prime Properties correct? If so,when did the lease terminate? If not,is Prime Properties liable for the cost of rebuilding the structure? Why or why not?

Question 66

Lee leases a house from Megan for a two-year term. To ensure the validity of their lease,it should include

A)a provision for the landlord's future interest.
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 67

Ann rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term,Ann

A)is entitled to payment of the amount of the rent from Best Home.
B)is no longer obligated to pay any of the rent.
C) must continue to pay the rent,in a reduced amount.
D)must continue to pay the rent,in the full amount.

Question 68

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood. A subsequent proceeding will determine

A)the fair value of the property.
B)how soon the former owners should vacate their property.
C)how wide the highway should be.
D)whether the planned highway would violate any zoning laws.

Question 69

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 70

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 71

Nora orally agrees to rent an apartment to Owen for a six-month term. Is this lease enforceable if it is not in writing?

Question 72

Riley owns Sunyvale Apartments. He promises his tenants that during the lease term,neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is

A)a tenancy at sufferance.
B)the covenant of quiet enjoyment.
C)the implied warranty of habitability.
D)a special warranty deed.