Question 1

Which of the following is a possessory interest in land?

Accepted Answer

A fee simple absolute ownership is the highest form of ownership interest in land. It provides the owner with the most extensive bundle of rights, including the right to use, occupy, sell, lease, and give away the property as they please. This makes it a possessory interest in the land. Easements, profits, and licenses are non-possessory interests that allow someone else to use the property in a limited manner.

Question 2

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

Accepted Answer

This is generally true under premises liability laws, which hold landlords responsible for ensuring that their properties are reasonably safe and free of hazards that could cause harm to tenants, guests, or visitors. Landlords who fail to meet these standards may be held liable for injuries, damages, or other losses resulting from their negligence.

Question 3

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

Accepted Answer

By purchasing a ticket for a play, you have not acquired any ownership or property rights in the theater. Instead, you have received a license to enter the theater and view the play during the designated time. This license is limited in scope and duration and does not confer any additional rights or interests in the property.

Question 4

The Moores' 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

It is common for leases to contain clauses allowing for rent increases if certain specified events occur, such as an increase in property taxes. These clauses are generally enforceable as long as they are clearly stated in the lease agreement and comply with applicable laws and regulations. Tenants should carefully review their lease agreements before signing to understand their rights and responsibilities.

Question 5

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.

Accepted Answer

Granting the right to remove timber from your land is a profit interest, which is a type of nonpossessory interest.

Question 6

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.

Accepted Answer

Darlene's future interest in the property is called a reversion, not a remainder, because the property reverts back to the grantor (Darlene or her heirs) after the life estate ends.

Question 7

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

Accepted Answer

An easement appurtenant is a right that belongs to a particular property and allows the owner of that property to use a neighboring property for a specific purpose, such as a right of way to access a highway. Therefore, Juan's right to walk or drive across his neighbor's property to reach the highway is an example of an easement appurtenant.

Question 8

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

Accepted Answer

When a landlord substantially interferes with a tenant's use of the property, such as by failing to make necessary repairs, it can be considered a constructive eviction. In a constructive eviction, the tenant is essentially forced to vacate the property due to the landlord's actions or inactions. Constructive eviction is considered a legal defense to eviction and can provide the tenant with the ability to terminate their lease without penalty.

Question 9

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?

Accepted Answer

Grandpa gave Sue an easement appurtenant, which is a type of interest in land that benefits and is attached to the ownership of a specific piece of land (Sue's property). This easement allows Sue to use the road on Grandpa's land to access her own property more easily.

Question 10

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 statement accurately describes the process of partitioning property among co-tenants in court.

Question 11

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

Accepted Answer

Landlord-tenant relationships are governed by a combination of laws, including property law (which defines the rights and duties of property ownership), contract law (which governs the terms of the lease agreement between the landlord and tenant), and negligence law (which establishes liability for failure to maintain safe and habitable living conditions).

Question 12

A covenant allows a landlord to evict a tenant if there is a violation of the lease.

Accepted Answer

The answer of A covenant allows a landlord to evict...

Question 13

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

Accepted Answer

A reversionary interest means that ownership of the property will revert back to Patrick at the end of the lease term.

Question 14

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 have the ability to transfer their interest during their lifetime, but doing so will terminate the joint tenancy and create a tenancy in common with the new owner. Upon the death of one owner, the remaining owner(s) will still have the right of survivorship.

Question 15

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

Accepted Answer

This statement describes a life estate with a remainder interest. Carlos is conveying his property to Noah for the duration of Noah's life, then to Maxie after Noah's death. Noah has a life estate, which means he has the right to use and possess the property during his lifetime, but he cannot sell or transfer the property outright. Maxie has a remainder interest, which means she will inherit full ownership of the property after Noah's death.

Question 16

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

Accepted Answer

The court order in a condemnation specifies the compensation that is just for the property owner and awards title to the government.

Question 17

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

Fixtures are items that are affixed or attached to the property in a way that makes them a part of it. The washer and dryer can easily be removed without damaging the property or changing its character, so they are not fixtures. However, the furnace is a fixture because it is attached to the property and its removal would damage the building.

Question 18

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 19

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

Accepted Answer

Landlords have the right, and in some cases the duty, to evict tenants who seriously disrupt the peace and well-being of others in the community. This can include excessive noise, criminal activity, or other disruptive behavior. The specific guidelines for eviction will depend on applicable laws and the terms of the lease agreement.

Question 20

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 related, these are two separate duties of a landlord. The duty to provide quiet enjoyment means that the tenant has the right to peaceful use and enjoyment of the property without interference from the landlord. The duty to deliver and maintain the property in a habitable condition means that the property must be safe, clean, and in good repair, with functioning heating, plumbing, and electrical systems.

Quiz 42: Real Property and Landlord Tenant