Question 1

​Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in an assessment of

Accepted Answer

Discharging oil from the refinery into the river can result in environmental damage, such as harm to wildlife and loss of recreational use of the river and lake. Thus, Energy Resources, Inc., may be liable for both cleanup costs and damages.

Question 2

Loaf & Biscuit Company operates a commercial dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

Accepted Answer

Loaf & Biscuit Company's commercial dough making and packaging plant is considered a "major source" under the Clean Air Act and is emitting hazardous air pollutants without any equipment to reduce emissions. This is a violation of the Act as it sets maximum levels of emissions that major sources must comply with.

Question 3

Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely liable for the damage is

Accepted Answer

Dusty is most likely liable for the damage because he was excavating for minerals under the surface where he owns the subsurface rights. Barlow, who only owns the surface rights, cannot be held responsible for the damage caused by Dusty's actions.

Question 4

Samantha occupies a house on her mother Ruth's farm without paying rent. Either party can terminate this arrangement without notice. This is

Accepted Answer

A tenancy at will is a type of tenancy in which either the landlord or the tenant can terminate the agreement without notice. In this case, Samantha is occupying the house on her mother's farm without paying rent, indicating that there is no specified rental agreement or lease. Therefore, it falls under the category of a tenancy at will.

Question 5

Investment Properties Corporation conveys an office building to Jim with a deed that makes the greatest number of covenants and provides the most extensive protection against defects of title. This deed is

Accepted Answer

A warranty deed offers the greatest number of covenants and provides the most extensive protection against defects of title, as it guarantees that the grantor holds clear title to a piece of real estate and has a right to sell it.

Question 6

Frank owns GuestHouse Hotel. His ownership rights include the right to sell or give away the property without restriction, as well as the right to commit waste, if he chooses. Frank's ownership interest is

Accepted Answer

Frank's ownership interest includes the right to sell or give away the property without restriction and the right to commit waste, which are both characteristics of a fee simple absolute, the highest form of ownership interest. A profit is a right to use or take something from a property, but it is not an ownership interest. A life estate is a limited form of ownership lasting only for the life of a specified person. The power of eminent domain is a government's right to take private property for public use, which is not related to Frank's ownership interest.

Question 7

Refer to Fact Pattern 24-1. The court is most likely to award Robyn damages

Accepted Answer

The answer of Refer to Fact Pattern 24-1. The court...

Question 8

Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is polluted. The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?​

Accepted Answer

The answer of Bertha owns land located outside Centre City....

Question 9

The operations of Commercial Concrete, Inc., are major sources of air pollution. These operations must use

Accepted Answer

The operation of Commercial Concrete Inc., being a major source of air pollution, it must use the Maximum Achievable Control Technology (MACT) to reduce air pollution. MACT is a technology-based regulatory program that sets emissions limits for specific types of industrial facilities and requires the use of the maximum feasible control technologies for controlling emissions. It is the most effective and stringent control technology available to minimize air pollution.

Question 10

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payments of rent and without Grey's permission. This is

Accepted Answer

A tenancy at sufferance occurs when a tenant remains in possession of a property after the lease has expired without the landlord's permission.

Question 11

Smelting & Refining Company generates solid waste considered hazardous. The company labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely

Accepted Answer

The fact that Smelting & Refining Company generates solid waste considered hazardous is not a violation in itself. However, proper labeling and packaging of the waste and adherence to proper transportation regulations are necessary to comply with the Resource Conservation and Recovery Act.

Question 12

Gifford and Harmony are not married to each other, but they share the ownership of Idyllic Apartments. When they acquired the apartment building, they agreed in writing that if one dies, the other inherits his or her interest. Are Gifford and Harmony concurrent owners? If so, in what type of concurrent ownership are their rights held? If not, how is their ownership classified? Jocelyn leases an apartment for a one-year term. If Jocelyn moves out before the end of the term, what happens to the leased apartment?

Accepted Answer

The answer of Gifford and Harmony are not married to...

Quiz 24: Real Property and Environmental Law