Question 1

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?

Accepted Answer

A fixture is a piece of property that is attached or affixed to real property in a way that it becomes a part of it. In this case, the washer and dryer can easily be removed without harming the building, so they do not become a permanent part of the property and are not fixtures. On the other hand, the furnace is installed with new duct work throughout the building, and its removal would damage the building, making it a fixture.

Question 2

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.

Accepted Answer

This is a correct statement about the court's process for partitioning real estate between co-tenants.

Question 3

Real property consists of:

Accepted Answer

Real property includes buildings, air rights, and plant life, along with the land itself. Therefore, option D is the correct answer.

Question 4

Generally,the sale of leased property does not affect the lease but merely substitutes one
landlord for another.

Accepted Answer

When leased property is sold, the lease remains in effect and is transferred to the new owner. The tenants are obligated to continue paying rent and complying with the terms of the lease under the new ownership. Therefore, the sale of leased property only changes the landlord but does not affect the lease itself.

Question 5

Joint tenants own a percentage of a property and also have the absolute right of partition.

Accepted Answer

Joint tenants have the right to partition, which means they can divide the property and take ownership of their share.

Question 6

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.

Accepted Answer

While both of these duties are important for a landlord to uphold, they are distinct and separate duties. The duty to provide quiet enjoyment ensures that tenants are able to peacefully occupy their rental unit without undue disturbances or nuisances from the landlord or their agents. The duty to deliver and maintain the premises in a habitable condition refers to the landlord's responsibility to ensure that the unit is safe, sanitary, and structurally sound for the tenant's use.

Question 7

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."

Accepted Answer

This type of tenancy is known as a "periodic tenancy" or "month-to-month tenancy," not a "tenancy at will." A tenancy at will does not have a fixed period and can be terminated by either party at any time, whereas a month-to-month tenancy renews each month until either party decides to terminate it, with proper notice.

Question 8

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

Accepted Answer

This statement is generally true. Landlords have a duty to maintain safe premises and can be held liable for injuries or harm that they could have foreseen and prevented through reasonable care. However, the specifics of landlord liability can vary by state and situation, so it's always a good idea to consult local laws and regulations for more information.

Question 9

The statute of frauds generally requires that a lease for over one year be in writing.

Accepted Answer

The statute of frauds is a law that requires certain contracts, including leases lasting more than one year, to be in writing in order to be enforceable in court. Therefore, a lease for over one year must be in writing to be valid.

Question 10

Tim is buying a farm.A general warranty deed is the best type of deed for Tim.

Accepted Answer

A general warranty deed provides the highest level of protection for the buyer by guaranteeing that the seller has clear title to the property and will defend against any claims made by others. It is the best type of deed for Tim to ensure he has full ownership and protection of the land he is purchasing.

Question 11

The purpose of recording a deed or other real estate transaction is to:

Accepted Answer

Recording a deed or other real estate transaction puts the rest of the world on notice that the transaction occurred between the grantor and the grantee. This protects the grantee's interest in the property and allows others to verify who has legal ownership.

Question 12

The Moore'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 their rent amount is fixed during their agreed rental time.

Accepted Answer

The clause allowing the landlord to raise rent if property taxes increase is enforceable, as long as it is clearly stated in the lease agreement and complies with any applicable state or local laws. However, tenants should be made aware of this clause before signing the lease so they can make an informed decision about renting the property.

Question 13

Wearever Builders constructs new houses in the Oak Grove subdivision.Unless it expressly gives a warranty to buyers,Wearever does not guarantee the adequacy of materials and good workmanship in its new houses.

Accepted Answer

The answer of Wearever Builders constructs new houses in the...

Question 14

Adverse possession allows someone to take title to land if she demonstrates possession that is:

Accepted Answer

All of these answers are correct. For adverse possession to occur, the possessor's use of the land must be exclusive, meaning the possession must be only for the possessor's use and not shared with anyone else. The possession must also be adverse to all others, meaning the possessor is using the land without the owner's permission and without any claim of right by anyone else. Finally, the possession must be continuous, meaning the possessor has used the land for a specified period of time (usually between 5 and 20 years, depending on the state).

Question 15

A party does not need to register a deed or take other legal steps,but he can act as though he is the sole owner to adversely possess a property.

Accepted Answer

Adverse possession is a legal concept where a person can obtain ownership of a property by occupying and using it for a certain number of years without the permission of the actual owner. The person does not need to register a deed or take other legal steps to initiate adverse possession, but they must act as though they are the sole owner and meet other legal requirements.

Question 16

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

Accepted Answer

Landlord-tenant relationships involve property rights, contractual agreements, and potential liability for negligence, making them subject to a blend of property law, contract law, and negligence law.

Question 17

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

Accepted Answer

Owners in a joint tenancy with the right of survivorship can transfer their interest during their lifetime, but it would sever the joint tenancy for that owner and create a tenancy in common with the transferee.

Question 18

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

Accepted Answer

Landlords have the legal right to evict tenants who engage in actions that seriously disturb other tenants or neighbors. Depending on the severity of the disturbance, the landlord may also have a duty to take action in order to ensure the safety and wellbeing of other residents in the building or community.

Question 19

Eminent domain is the power of the government to regulate building and land use

Accepted Answer

Eminent domain is not the power to regulate building and land use. Rather, it is the power of the government to take private property for public use, with fair compensation to the owner.

Question 20

A landlord's substantial interference with a tenant's use of the property is considered:

Accepted Answer

A landlord's substantial interference with a tenant's use of the property is considered a constructive eviction, which is a serious breach of the implied covenant of quiet enjoyment. This occurs when a landlord's actions make the property uninhabitable or unfit for its intended use, giving the tenant the right to terminate the lease without further liability for rent. It is not permissible in any type of tenancy.

Quiz 29: Real Property and Tenant: Landlord Law