Deck 49: Interests in Real Property

Question 1

If Karen assigns her lease to Henry, Karen and Henry are both liable to the landlord for the rent.

Answer 1

True

Question 2

Breach of the implied warranty of habitability allows a tenant to withhold rent.

Answer 2

True

Question 3

A leasehold is like a bailment in that it divides the possessory and ownership interests.

Answer 3

True

Question 4

If Dan sublets his apartment to Susan for the summer, Susan is primarily liable to pay the landlord the rent.

Question 5

Under the common law, a landlord is under an obligation to provide or maintain the premises in a livable condition.

Question 6

All other estates are derived from the fee simple estate.

Question 7

Ownership of real property for a definite time or for the life of a person is a freehold estate.

Question 8

Community property does not include a ring owned by the wife prior to the marriage.

Question 9

A tenancy at sufferance is created if a tenant fails to vacate the premises when the lease expires.

Question 10

Traditionally, the common law viewed a leasehold estate primarily as a contract, but today it is viewed more as a conveyance of the use of land.

Question 11

To create a joint tenancy, the tenants must acquire title by the same instrument.

Question 12

The Arbor Apartments can legally restrict tenants to those who are married couples.

Question 13

Fee estates include the right to immediate possession for an indefinite time and the right to transfer the interest by deed or will.

Question 14

Mother conveyed her lakefront property to her daughter, Ellen, for life and then to Ellen's children, but if Ellen had no children, to Mark.Mark has a contingent remainder.

Question 15

If Tom and Tim are tenants in common, they each own a specific half of the property.

Question 16

A sublease is made when the tenant transfers control of his entire interest in the leased property to a third party.

Question 17

If Gil assigns his lease to Jim, Gil has no further obligations to his landlord.

Question 18

A reversion is held by a person other than the grantor or his successors.

Question 19

Most state statutes permit a landlord to evict a tenant for nonpayment of rent.

Question 20

Landlords are liable for injuries their tenants and others suffer as a result of any criminal conduct of third parties on the leased premises.

Question 21

A periodic leasehold tenancy may be terminated:

A)upon expiration of the period.
B)upon 6 months' notice in a tenancy from month to month.
C)upon the date set in the lease agreement.
D)upon notice at the expiration of any one period but only on adequate notice to the other party.

Question 22

A person with a life estate cannot do which of the following?

A)Strip-mine the land.
B)Build a bridge over the creek.
C)Cut a single tree.
D)Put a new roof on the house.

Question 23

In general, a tenant is under a duty to make minor repairs to the leased premises.

Question 24

An easement in gross is personal to the one individual who obtained that right and will not pass to another owner of the property.

Question 25

How may an easement be created?

A)By prescription.
B)By express reservation.
C)By necessity.
D)It may be created in all of the above ways.

Question 26

An estate in fee simple would have which of the following characteristics?

A)It may be inherited.
B)It may be sold.
C)Judgment creditors may levy upon it.
D)All of the above.
E)Two of the above, (b) and (c).

Question 27

Larry leases his farm to Tom for a period of twenty years.What interest does Larry have in the land?

A)A vested remainder.
B)A reversion.
C)A private easement.
D)A possibility of reverter.

Question 28

Which of the following is a true statement concerning a life estate?

A)A life estate is an ownership right only for the life of the grantor.
B)A life estate is an ownership right in property for the life of any individual designated by the grantor.
C)A life estate requires special wording, prescribed by statute, to create it.
D)None of the above.

Question 29

Realty owned concurrently by more than one person can be physically divided into smaller, individually owned parcels by a process known as profit a prendre.

Question 30

An easement describes a limited possessory interest in the land.

Question 31

An easement that is appurtenant usually passes to the new owner of the land.

Question 32

Constructive eviction would result in a discharge of any obligation to pay rent if:

A)proper notice is given to the landlord.
B)the tenant abandons possession within a reasonable time.
C)the tenant fixes the problem.
D)the tenant serves the landlord with a court order.

Question 33

A license is generally subject to revocation by the property owner at any time.

Question 34

A tenancy by the entireties is terminated by divorce.

Question 35

A license is the limited right to remove the produce from another's land.

Question 36

For a person to acquire an easement, he must have the permission of the owner to use the land.

Question 37

Under the common law, if a landlord does not maintain, repair, or restore the property as stated in the lease contract, the tenant has a legally enforceable right to refuse to pay rent, even if the lease does not provide such relief.

Question 38

All interests in property that can be conveyed carry the right to immediate possession.

Question 39

A freehold estate is:

A)a gratuitous leasehold interest in real property.
B)a right of ownership of real property for an indefinite time (fee estate).
C)a right of ownership of real property for the life of a person (life estate).
D)Both (b) and (c) are correct.

Question 40

A life tenant may do anything with the land that is legal.

Question 41

The implied warranty of habitability:

A)is a warranty that the land is well maintained.
B)is a concept created by Congress to protect consumers who rent homes.
C)requires leased premises to be fit for ordinary residential purposes.
D)All of the above.

Question 42

Reversions:

A)create a future interest in a third person.
B)may be transferred by deed or will and pass by intestate succession.
C)include the right to immediate possession for an indefinite time.
D)do not create a definite, existing interest in the property, but create a future interest.

Question 43

Jeanne sells an acre of her three-acre parcel to Ana and expressly provides that Ana shall have a right-of-way across Jeanne's remaining land so that Ana can reach her land.In this case:

A)Ana's land is the servient parcel.
B)the right created is a license.
C)Ana's land is the dominant parcel.
D)the right-of-way is an easement, which can only be created by an express grant in the deed granting the land to Ana.

Question 44

A condominium differs from a cooperative in that a tenant in the latter:

A)rents his apartment from the cooperative.
B)owns his apartment in cooperation with corporate owner.
C)owns all the space except the common areas.
D)owns only the internal space.

Question 45

A transaction whereby the tenant transfers away her entire interest under a lease is called a(n):

A)sublease.
B)assignment.
C)eviction.
D)abandonment.

Question 46

Marco conveyed his half-acre lot "to Earl Snyder forever." This language conveys:

A)full and absolute title.
B)a fee simple estate.
C)a reversion.
D)Both (a) and (b).
E)no title since Marco's intent is not clear from the language used.

Question 47

A survival clause refers to:

A)a remainder in a life estate.
B)a possibility of reverter.
C)a provision in a lease contract providing that the tenant's eviction for non-payment of rent will not relieve her of liability for damages equal to the difference between the rent specified in the lease and the rent the landlord is able to obtain when reletting the premises.
D)All of the above.

Question 48

An example of waste as used in real property law would include:

A)the failure to repair a building.
B)neglect of an adequate conservation policy.
C)not collecting rents as prescribed by contract.
D)Both (a) and (b) are correct.

Question 49

In a condominium:

A)all residents own shares in the corporation that owns the building.
B)each resident purchases a living unit in the building.
C)the tenant owns a reversionary interest in the property.
D)the tenant creates a future interest in the property known as a possibility of reverter.

Question 50

Which of the following represents concurrent property ownership?

A)A cooperative.
B)A life estate.
C)A lease.
D)A fee simple absolute.

Question 51

An estate from week to week or month to month is called a(n):

A)fee simple absolute.
B)estate for years.
C)periodic tenancy.
D)tenancy at sufferance.

Question 52

If a landlord furnishes heat in the summer in order to force his tenant to move and the tenant does in fact move, a court of law will probably decide that:

A)waste has occurred.
B)there has been an unreasonable abandonment of the premises.
C)a constructive eviction has taken place.
D)vacating of the premises constituted an assignment.

Question 53

Bob and his sister, Claudia, can own property by:

A)a tenancy by the entireties.
B)tenancy in common.
C)joint tenancy.
D)Any of the above.
E)Both (b) and (c) above.

Question 54

Mom and Carolyn own a farm as joint tenants.When Mom dies, her share will pass to:

A)Carolyn.
B)her heirs.
C)her beneficiaries.
D)Carolyn's heirs.

Question 55

The concept of waste, as used in real property, includes:

A)any act that permanently injures the realty.
B)any omission that permanently injures the realty.
C)any act that unreasonably changes the value of the realty.
D)All of the above.

Question 56

The characteristics of a qualified or base fee estate include(s) that:

A)it is possible to convey or will property to a person to enjoy absolutely, subject to its being taken away at a later date should a certain event occur.
B)a holder of a qualified fee interest may transfer the property by deed, subject to the initial condition.
C)a qualified fee interest may pass by intestate succession.
D)All of the above.

Question 57

If Sam leases property "to Susan as long as Sam wishes," the landlord has created a(n):

A)fee simple absolute.
B)estate (tenancy) at will.
C)condominium.
D)estate at sufferance.

Question 58

An easement may be created in which of the following cases?

A)The landowner agrees to it orally.
B)It is necessary for access to the land.
C)It is taken by using the land openly without permission for a period of years.
D)All of the above.
E)Both (b) and (c) above are correct.

Question 59

According to the James v.Taylor case, at common law, if the wording in a deed was ambiguous, the law favored a:

A)tenancy by the entireties.
B)tenancy in partnership.
C)tenancy in common.
D)joint tenancy.

Question 60

A characteristic of a tenancy in common is that:

A)it is the most frequently used form of concurrent ownership.
B)each co-owner has an undivided interest in the property and has the right to possession.
C)there is a right of survivorship.
D)All of the above.
E)Two of the above, (a) and (b).

Question 61

If a monthly lease does not specifically provide for a date the rent is due, the tenant must pay at:

A)the end of the month.
B)the 15th of the month.
C)the beginning of the month.
D)five days after the beginning of the month.

Question 62

An interest that arises in a third party in the future is called a(n):

A)reversion.
B)remainder.
C)assignment.
D)fee simple absolute.

Question 63

A possibility of reverter is the complementary estate to a:

A)fee simple.
B)qualified fee.
C)life estate.
D)reversion.

Question 64

Maureen agrees to sell her interest in the farm to Joe.Maureen and her husband, Bill, hold the property as tenants by the entireties.What consequence?

A)There is no sale.
B)The sale severs the tenancy and creates a tenancy in common.
C)The sale transfers one-half interest in the land.
D)The sale results in a partition of the land.

Question 65

Explain what is meant by an implied warranty of habitability and how this doctrine has changed the common law approach with respect to residential leases.

Question 66

The All-Power Gas and Electric Company cleared a right of way across Larry's land and put up a power line, which it has maintained for the past 20 years.Now the company wants to replace the old line with a new one, and Larry has decided he doesn't want them on his land.
a.Does the Power Company have a recognizable interest in Larry's land? Explain.
b.Can Larry keep them from installing a new line? Explain.

Question 67

Which of the following is NOT an example of co-ownership?

A)A joint tenancy.
B)A tenancy by the entireties.
C)A tenancy in common.
D)A lease between a landlord and a tenant.

Question 68

Myra, Elsa, and Ellen are sisters who own 500 acres of land as tenants in common.Discuss the interest each has in the real estate.

Question 69

Jack, a landlord, sells his apartment house to Bob, who knows that each of the four apartments is rented.May Bob tell the tenants to vacate and install his own tenants?

A)Yes, since he is now the owner.
B)Yes, the leases terminate when Jack's ownership ends.
C)No, he must wait until their leases expire.
D)No, they may stay as long as they wish.

Question 70

Millie, a tenant, abandons her apartment after six months, even though there are six months left on her lease.If no survival clause was in the lease, would the landlord be able to hold Millie liable for rent?

A)Yes, but he must leave the apartment vacant.
B)Yes, after he gives notice to the tenant.
C)Yes, after he relets the apartment.
D)No, the obligation to pay ended when Millie abandoned the apartment.

Question 71

The greatest ownership interest a person may have in real property is:

A)fee simple absolute.
B)tenancy by the entireties.
C)life estate.
D)vested remainder.

Question 72

Joanne rents a single-family house for one year starting September 1.If the house burns down, the common law requires:

A)payment of rent only prior to the destruction.
B)payment to be suspended until the house is repaired.
C)payments to terminate.
D)payment to continue for the entire year.

Question 73

Barton granted his neighbor, Mullins, the right to graze her cattle on Barton's land.Identify the type of property interest Mullins has in Barton's land and explain how such interests are created.

Question 74

Ed signs a ten-year lease with a survival clause.If Ed is evicted for nonpayment of rent after two years, he will have to pay:

A)rent for the remaining 8 years.
B)damages equal to the difference between the rent specified in the lease and the rent the landlord is able to obtain from reletting the premises.
C)until eviction.
D)until he assigns the lease.

Question 75

If Arthur were as yet childless, which of the following present grants would be considered a contingent remainder?

A)"To Arthur and his heirs forever and ever."
B)"To Arthur for life and then to his first-born son, but if he has no male children, then to the Catholic Church."
C)"To Arthur for life, then to grantor."
D)"To Arthur for 100 years and then to the Catholic Church."

Question 76

Agatha, Betty, and Clara are sisters who own 300 acres of land as joint tenants.
a.What interest does each of them have in the parcel of land?
b.If Betty dies, what happens to her share of the 300 acres?
c.If Clara sells one-half of her interest to Diane, what interest does Diane acquire in the 300-acre parcel?

Question 77

Landlords can evict a tenant if:

A)the tenant fails to pay the rent.
B)the lease expires and the tenant refuses to move out.
C)the tenant keeps a pet in violation of the lease and refuses to get rid of it.
D)All of the above.

Question 78

If B grants A a life estate in his property and then B dies, what happens to the land when A dies?

A)It goes to A's heirs.
B)It goes to the state.
C)It reverts to B's heirs.
D)It passes under A's will.

Question 79

Grandfather conveyed to Erin the right to the family farm after her grandmother dies.This is called:

A)a possibility of a reverter.
B)a reversionary interest.
C)a vested remainder.
D)a contingent remainder.