Deck 42: Real Property and Landlord Tenant Law

Question 1

​In a condemnation, a court order specifies what compensation is just for the property owner and awards title to the government.

Answer 1

True

Question 2

Which of the following is a possessory interest in land?

A) fee simple absolute
B) easement
C) profit
D) license

Answer 2

A

Question 3

Juan has the right to walk (or drive) across his neighbor's property to reach the highway. Juan's right is referred to as an easement, which allows use of the land.

Answer 3

True

Question 4

If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold and the proceeds equally divided.

Question 5

The Moores's lease contains a clause allowing their landlord to raise their rent during the course of their lease if the landlord's property taxes increase on the leased premises. This clause is unenforceable, since tenants deserve to know that their rent amount is fixed during their agreed rental time.

Question 6

Ollie leased a building in Old Town. Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building. Upon expiration of the lease, Ollie intends to remove the washer and dryer, but not the furnace. The washer and dryer can easily be removed without harming anything. Removal of the furnace, however, will damage the building. Are the washer, dryer, and furnace fixtures?

A) The washer, dryer, and furnace are all fixtures.
B) The furnace is a fixture, but the washer and dryer are not.
C) The washer and dryer are fixtures, but the furnace is not.
D) The furnace and the washer are fixtures, but the dryer is not.

Question 7

Grandpa owns a farm. In a signed writing, Grandpa gave Sue the irrevocable right to use a road on his farm so that Sue could more easily reach her own property. What kind of interest in land did Grandpa give to Sue?

A) easement by grant
B) easement by implication
C) reserved easement
D) easement by prescription

Question 8

Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.

Question 9

If you grant a nonpossessory interest to Eagle Logging to enter your land and remove timber from ten acres, you have granted Eagle a profit.

Question 10

​Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.

Question 11

Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate, and Maxie has a remainder.

Question 12

A user's presence must be visible and generally known in the area, so that the owner is on notice that his title is contested.

Question 13

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

Question 14

Darlene conveys her beachfront property to Dan as a life estate, and upon Dan's death, the property will revert to Darlene or her heirs. Darlene's future interest in the beachfront property is called a remainder.

Question 15

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

Question 16

Mrs. Larkin rents an apartment to a couple who argue continually, disturbing other tenants. Without going through the lawful eviction procedure in court, one day she waits until the couple is out of town and changes all the locks. What has occurred?

A) a constructive eviction
B) an actual eviction
C) an easement
D) a variance

Question 17

Tom rented an apartment from Margaret on a month-to-month basis, with rent due on the first of the month. This type of tenancy is known as a "tenancy at will."

Question 18

In many states today a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.

Question 19

You go to a theater to see a play one Saturday evening. You have

A) purchased an interest called a "profit."
B) an easement by reservation.
C) a license to enter the theater.
D) no property right in the theater just by purchasing the ticket for the play.

Question 20

Landlord-tenant relationships are governed by a mixture of property law, contract law, and negligence law.

Question 21

​When farmer Joe sold his land to an oil company, he wanted to keep the right to use the lake on the land for fishing. What would give him the right to do this?

A)a grant
B)an easement by implication
C)an easement by prescription
D)a reservation

Question 22

A security interest in real property is called a

A) lien.
B) mortgage.
C) grant easement.
D) reversion.

Question 23

Unlike a tenant, a licensee

A) is not entitled to the exclusive possession of the property.
B) is entitled to the exclusive possession of the property.
C) has control of the property.
D) has only a month-to-month right to use the property.

Question 24

Christy's new office lease states that rent will increase by 2% per year to cover tax increases. This is known as a(n)

A) tax mitigation.
B) escalator clause.
C) fee escalation.
D) tax abatement.

Question 25

Liz and Jeff live in California, a state that recognizes community property. Jeff is a machinist who makes $30,000 a year. Liz is the owner of a franchise where her take-home profit is approximately $75,000 a year. Jeff and Liz purchased a house during their marriage wherein Liz paid three-fourths of the purchase price and Jeff paid one-fourth. Which of the following statements is correct with regard to Jeff and Liz?

A) Each owns one-half of the real property and other assets they acquire during the marriage.
B) The community property rules do not allow Jeff and Liz to maintain separate ownership of assets they each bring to the marriage or inherit.
C) Community property can be sold by Jeff or Liz without consent by the other.
D) Jeff owns one-fourth of the property and Liz owns three-fourths.

Question 26

​If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

A)The customer is liable because he didn't watch where he was going.
B)The landlord alone is liable for not maintaining the property.
C)The tenant alone is liable for not informing the landlord of the defective carpet and getting it repaired.
D)The landlord and the tenant are probably both liable.

Question 27

Whether or not the zoning board will grant a request for a variance depends upon

A) the type of the proposed building.
B) the reaction of the neighbors.
C) the reason the owner claims she or he is harmed by the zoning ordinance.
D) All of these are correct.

Question 28

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety. When Janet died, her will left all of her real property to T.J., Ted and Janet's adult son. T.J. claims he is the sole owner of the jungle property. Ted objects and files a lawsuit for sole ownership of the jungle property.

A) Ted will win because property owned in a tenancy by the entirety includes rights of survivorship for the surviving spouse. Ted will get the title to the entire property.
B) Ted will win only a one-half interest in the jungle property. T.J. will own the other one-half interest because Janet had the right to will her half of the property to anyone she chose.
C) Ted will lose and forfeit his entire interest in the whole property because a tenancy by the entirety means that one party owns the entire property.
D) T.J. will be required to sell his share in the property to Ted.

Question 29

​Ali and Latosha bought a house through a mortgage they secured from their local bank. When they failed to make their mortgage payments, the bank used ________ to foreclose on the property and sell it.

A)a lien
B)adverse possession
C)easement by prescription
D)reversion

Question 30

Louie subdivides his oceanfront property with a boat ramp and sells several parcels that do not reach the ocean, promising all purchasers use of the boat ramp. Bernie buys one of the parcels. His right to enter Louie's property to reach the boat ramp is

A) an easement by implication.
B) a profit appurtenant.
C) an easement by reservation.
D) a profit in gross.

Question 31

​Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under common law, is the landlord liable?

A) The landlord is liable because there was an understanding that the premises would be kept in a safe condition.​
B)The landlord is not liable because he informed the tenant of the safety issue.
C)The landlord is liable because he did not complete the repair in a timely manner.
D)The landlord is not liable because there was no expectation of safety.

Question 32

The landlord's first important duty to a tenant is to

A) deliver possession.
B) maintain premises.
C) pay the security deposit.
D) provide eminent domain.

Question 33

The right of an owner or her heirs to property upon the death of a life tenant is called a

A) reversion.
B) remainder.
C) easement.
D) reservation.

Question 34

Daisy's Donuts rents retail space in the Crestwood Mall beginning January 1, 2018, and ending December 31, 2025. This is an example of a

A) tenancy at sufferance.
B) tenancy at will.
C) periodic tenancy.
D) tenancy for years.

Question 35

What is an abatement?

A) the power of the government to take private property for public use
B) an order requiring a homeowner to eliminate a nuisance
C) a process under which the original tenant transfers all of his rights and duties to a new tenant
D) the duty to keep losses at a minimum

Question 36

Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of a

A) tenancy in kind.
B) tenancy at will.
C) concurrent estate.
D) shared estate.

Question 37

The Solomans own a cabin on the south side of Mount Henry. The Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again. Twelve years later, the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer. Bennie and Claudia claimed that they had acquired title by adverse possession, because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state). Are Bennie and Claudia correct?

A) Yes, Bennie and Claudia were living on the property with exclusive, open possession for a continuous period of time for the required 10 years.
B) Yes, Bennie and Claudia had the Solomans' permission, therefore the possession was not illegal.
C) No, Bennie and Claudia's possession was with the Solomans' permission, and therefore the claim was not adverse to the Solomans.
D) No, there was no warranty deed transferred to Bennie and Claudia.

Question 38

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the

A) mortgagee.
B) mortgagor.
C) profitor.
D) profitee.

Question 39

Future interests in land

A) are presently existing nonpossessory rights that may or may not develop later.
B) are possessory interests because they permit the holder to take possession at some point.
C) must create a right to, not merely the possibility of, possession at some time in the future or they would be merely illusory.
D) cannot be bought and sold.

Question 40

Professor McDonald owns the following property. Which of these is NOT real property?

A) Professor McDonald's restored Victorian-era house
B) the grove of peach trees on Professor McDonald's property
C) custom-made bookshelves fitted into the library of Professor McDonald's home
D) the books that line Professor McDonald's bookshelves

Question 41

Sandra and Joe own a hobby farm as tenants in common. They also own a vacation home as joint tenants. What is the difference between the tenancy in common and joint tenancy?

Question 42

What is the doctrine of adverse possession? Briefly explain how it works.

Question 43

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Question 44

The Rameys are selling their home. They did not set forth in the sales agreement whether the washer and dryer, the draperies, and a cherry corner cabinet that was in the dining room were to be included in the sale or whether they were planning to take these items with them. The buyers are claiming these items are fixtures and should stay with the house. The Rameys are claiming they are movable goods and they should not be part of the real estate that was sold. Define "fixtures," identify the tests used to determine whether an item is a fixture, and explain whether you think each of the contested items is a fixture and why or why not.

Question 45

The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action.