Deck 28: Real Property and Landlord-Tenant Law

Question 1

The owner of real property has relatively exclusive rights to the airspace above the land.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.

Answer 3

False

Question 4

An easement can be created by implication.

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

Some states limit the government's ability to take private property and give it to private developers.

Question 10

A contract for the sale of commercial realty should indicate what items are included in the sale.

Question 11

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

Question 12

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

Question 13

Life tenants are persons who share ownership rights simultaneously.

Question 14

Land includes the artificial structures attached to it.

Question 15

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Question 16

Plant life is not considered to be real property.

Question 17

A fixed-term tenancy is created when a lease does not specify its duration.

Question 18

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

Question 19

A recording statute allows deeds to be recorded to give notice to the public.

Question 20

An item cannot be a fixture unless it is physically attached to the land.

Question 21

A tenant cannot withhold rent for any reason.

Question 22

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 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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 so on.The real property is owned by

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

Question 28

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

Question 29

Bakri owns a house.In the house,on a tile floor is a throw rug.Most likely to meet the definition of a fixture is

A)the house.
B)the throw rug.
C)the tile floor.
D)none of these choices.

Question 30

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

Question 31

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 32

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

Question 33

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

Question 34

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

Question 35

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 36

A landlord is usually required to give some period of notice to terminate a periodic tenancy.

Question 37

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

Question 38

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 39

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.

Question 40

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

Question 41

Moby leases from National Theater Corporation a theater in which to stage a series of concerts.Ollie buys a ticket to the series.What distinguishes 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 42

Tyro has the right to drive across Ula's land,which is next to Tyro's property,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 43

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 44

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

A)a periodic tenancy.
B)a tenancy at will.
C)a tenancy by the entirety.
D)a fixed-term tenancy.

Question 45

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 46

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,including 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.Patsy's ownership interest is

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

Question 47

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 48

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 limited amount of water per day from the reservoir.This right is

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

Question 49

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 50

To acquire the ownership of a mountain cabin by adverse 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 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 commit 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

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 53

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 54

Fact Pattern 28-1
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 28-1.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 55

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 56

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 57

Fact Pattern 28-1
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 28-1.Nika's ownership interest is

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

Question 58

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 59

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 60

Fact Pattern 28-1
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 28-1.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 61

NOW Shopping Mall Corporation leases space to Only U Stores and Pik-Ur-Choice,Inc.Later,Pik-Ur-Choice begins to sell items that are similar to Only U's goods,and Only U abandons its space before the end of the lease term.Only U is liable to

A)not NOW or its other tenants.
B)NOW and its other tenants,except Pik-Ur-Choice,for any effect on their business.
C)NOW and its other tenants,including Pik-Ur-Choice,for any effect on their business.
D)NOW only for the unpaid rent.

Question 62

Kasper,the owner of Lakeview Farm,and Milt,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 63

Property Management Corporation (PMC)owns several apartment buildings in two states.Regarding standards for maintenance of the buildings,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 64

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 65

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 consent.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 66

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for renewal,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 67

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 68

Dora leases a house from Evan for a two-year term.To ensure the validity 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 69

Rita believes that Shady Grove Apartments,Inc. ,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally 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 common areas.

Question 70

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?

Question 71

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term,rent payable annually.The lease includes a clause stating that Burgertown is responsible for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Andy's control.The lease does not include a clause concerning its assignment.One day after the tenth rental payment,Burgertown,without Andy's knowledge or consent,assigns its interest in the lease to Chicken Hut Restaurants,Inc.Meanwhile,Andy dies and Dotty inherits Andy's interest in the building.Without the knowledge or consent of either Burgertown or Chicken Hut,Dotty sells the building to Earnest Investments,Inc.The next month,the building is destroyed in the flood of a nearby river.Burgertown rebuilds it and files a suit against Earnest for the expense.Earnest responds that the lease has terminated.Is Earnest correct? If so,when did the lease terminate? If not,is Earnest liable for the cost of rebuilding the structure? Why or why not?

Question 72

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.