Question 1

All other estates are derived from the fee simple estate.

Accepted Answer

The fee simple estate is the most absolute and complete form of ownership of real property, and all other estates such as life estates, leasehold estates, and easements are derived from it.

Question 2

Martha conveyed her lakefront property to her daughter, Ellen, for life and then to Ellen's children, but if Ellen had no children, to Mark. Mark has a vested remainder.

Accepted Answer

Mark has a contingent remainder because his interest is conditional upon Ellen not having any children.

Question 3

A reversion is held by a person other than the grantor or his successors.

Accepted Answer

A reversion is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum. It automatically arises in favor of the grantor or the grantor's successors when a lesser estate is created.

Question 4

A majority of states have enacted the Uniform Residential Landlord and Tenant Act which provides a comprehensive system for regulating the landlord-tenant relationship.

Accepted Answer

Although the Uniform Residential Landlord and Tenant Act (URLTA) was designed to standardize landlord-tenant laws across states, only a minority of states have fully adopted it. Many states have enacted only parts of the Act or have developed their own regulations that differ significantly from the URLTA.

Question 5

Landlords are not liable for injuries their tenants and others suffer as a result of criminal conduct of third parties on the leased premises.

Accepted Answer

Landlords are generally not liable for injuries suffered by tenants or others as a result of criminal conduct of third parties on the leased premises, unless the landlord had knowledge of the criminal activity and failed to take reasonable steps to prevent it.

Question 6

A leasehold is like a bailment in that it permits the tenant to have a possessory but not an ownership interest in the landlord's estate.

Accepted Answer

Both a leasehold and a bailment involve granting possessory interests without transferring ownership. In a leasehold, the tenant has the right to possess and use the property for a specified period, while in a bailment, temporary possession of personal property is transferred for a specific purpose, but in both cases, the ownership remains with the original owner.

Question 7

The Arbor Apartments can legally restrict tenants to those who are married couples.

Accepted Answer

Housing discrimination based on marital status is generally prohibited under the Fair Housing Act, which aims to prevent discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability.

Question 8

If Tom and Tim are tenants in common, they each own a specific half of the property.

Accepted Answer

As tenants in common, Tom and Tim each own an undivided interest in the entire property, not a specific physical half.

Question 9

If Karen assigns her lease to Henry, Karen and Henry are both liable to the landlord for the rent.

Accepted Answer

When a tenant assigns their lease to another person, both the original tenant and the new tenant are held liable for the rent and any other terms of the lease. This means if Henry fails to pay the rent, the landlord can go after Karen for the unpaid amount.

Question 10

Breach of the implied warranty of habitability allows a tenant to withhold rent according to most courts.

Accepted Answer

Most courts recognize that a breach of the implied warranty of habitability, which ensures rental properties meet basic living and safety standards, allows a tenant to withhold rent until repairs are made.

Question 11

If the lease is silent on the subject, a tenant may assign his lease.

Accepted Answer

In the absence of a specific prohibition or restriction in the lease agreement, a tenant generally retains the right to assign the lease to another party.

Question 12

If Maverick subleases his rental townhome to Mavis for the summer, Mavis is primarily liable to pay the landlord the rent.

Accepted Answer

Maverick remains primarily liable to the landlord for the rent because the original lease agreement between Maverick and the landlord is still in effect. Mavis's obligation to pay rent is to Maverick under the sublease agreement.

Question 13

A sublease is made when the tenant transfers control of his entire interest in the leased property to a third party.

Accepted Answer

A sublease occurs when the tenant transfers less than his entire interest in the leased property to a third party, retaining some right or interest for himself. When the tenant transfers their entire interest, it is an assignment, not a sublease.

Question 14

Ownership of real property for a definite time or for the life of a person is a freehold estate .

Accepted Answer

A freehold estate is ownership of real property for an indefinite duration, not for a definite time or the life of a person.

Question 15

If Gil assigns his lease to Jim, Gil has no further obligations to his landlord.

Accepted Answer

While Gil may transfer his lease to Jim, he is still responsible for any obligations and liabilities under the original lease agreement with the landlord unless the landlord releases him from those obligations.

Question 16

Community property does not include a ring owned by the wife prior to the marriage.

Accepted Answer

In community property states, any property owned by either spouse prior to the marriage is considered separate property and is not subject to division in case of divorce. Therefore, if the wife owned a ring before the marriage, it would not be considered community property.

Question 17

A tenancy at sufferance is created if a tenant fails to vacate the premises when the lease expires.

Accepted Answer

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

Question 18

To create a joint tenancy, the tenants must assume title by the same instrument.

Accepted Answer

For a joint tenancy to be created, all tenants must acquire the property simultaneously through the same deed or instrument, ensuring they have equal shares and rights.

Question 19

Under the common law, a landlord is under an obligation to provide or maintain the premises in a livable condition.

Accepted Answer

Under common law, specifically the doctrine of caveat emptor ("let the buyer beware"), landlords were not obligated to provide or maintain premises in a livable condition. This has changed in modern times with statutory requirements like the implied warranty of habitability.

Question 20

State statutes or lease provisions often permit a landlord to evict a tenant for nonpayment of rent.

Accepted Answer

State statutes and lease provisions commonly allow landlords to initiate eviction proceedings against tenants who fail to pay rent as agreed upon in the lease agreement.

Quiz 48: Interests in Real Property