Question 1

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. Constructive eviction is a legal doctrine that allows a tenant to terminate their lease if the landlord's actions or omissions substantially interfere with the tenant's use and enjoyment of the property. It is a defense against an eviction brought by the landlord.

Question 2

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 doing so terminates the joint tenancy and creates a tenancy in common. The new owner would not have the right of survivorship.

Question 3

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 most comprehensive guarantee of clear title and ownership for the buyer, making it the best type of deed for Tim to obtain when buying a farm.

Question 4

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 due to property tax increases is enforceable and common in leases. However, tenants should be aware of this possibility and negotiate the terms of the clause before signing the lease.

Question 5

Nancy is a life tenant on a 78-acre farm.The person who owns the future interest in the farm is entitled to enter upon the farm to make sure Nancy is not damaging the property.

Accepted Answer

As the owner of the future interest, the person has the right to ensure that the life tenant is not damaging the property. This is a common provision in life estates.

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

The duty to provide quiet enjoyment relates to the tenant's right to peaceful and undisturbed possession of the premises, while the duty to maintain the premises in a habitable condition relates to the physical condition of the property. They are separate duties with different legal implications.

Question 7

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 8

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

Accepted Answer

This is correct. Many states have laws that require landlords to maintain safe conditions for tenants and guests, and hold them liable for harm that could have been prevented with reasonable care.

Question 9

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

Accepted Answer

This statement correctly describes a life estate with a remainder interest. Carlos has conveyed the property to Noah for the duration of Noah's life, and after Noah passes away, the property will pass to Maxie as the holder of the remainder interest.

Question 10

Real property consists of:

Accepted Answer

Real property encompasses all of the options listed, including buildings, air rights, and plant life. It is important for real estate professionals to have a clear understanding of what constitutes real property when dealing with a potential transaction.

Question 11

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

Wearever Builders is typically required by law to provide an implied warranty of habitability, which guarantees that the house is constructed in a workmanlike manner and is suitable for living, regardless of whether an express warranty is given.

Question 12

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 runs with the land.

Accepted Answer

An easement appurtenant is an easement that runs with the land and benefits a specific property, not a specific individual. In this scenario, Juan's right to cross his neighbor's property is an easement appurtenant that runs with Juan's property and benefits his property. It is not a personal right that belongs to Juan alone.

Question 13

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 14

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 a nonpossessory interest to Eagle Logging to remove timber from your land means that you have granted them the right to make a profit from the timber they remove.

Question 15

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

Accepted Answer

Landlord-tenant relationships involve property law in terms of ownership and possessory rights, contract law in terms of the rental agreement, and negligence law in terms of maintaining a safe living environment for tenants.

Question 16

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

Accepted Answer

Landlords have the right to evict tenants who seriously disturb others, and in some cases, they may also have a duty to do so to maintain a peaceful living environment for all tenants. However, specific laws and procedures vary by jurisdiction, and landlords must follow the proper legal process before evicting a tenant.

Question 17

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 real estate among co-tenants. If a fair division of the property cannot be achieved by dividing it into physical portions (partition by kind), the court will order the sale of the property and the distribution of the proceeds among the co-tenants.

Question 18

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 an item of personal property that is attached to real property in a way that it becomes a part of the property itself. The washer and dryer can easily be removed without causing any harm to the building, and therefore they are not fixtures. On the other hand, the furnace has been installed with new duct work throughout the building and its removal will damage the building, making it a fixture.

Question 19

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

Accepted Answer

Recording a deed puts the rest of the world on notice that a transaction occurred between the grantor and the grantee, which is important for establishing and protecting property rights. While establishing the type of deed granted and assuring the grantee that a transfer of real property is now complete are also important functions of recording a deed, they do not capture the full purpose of recording.

Question 20

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 a grant easement, which is a voluntary transfer of an interest in land. He specifically granted her the right to use the road on his farm, and this right cannot be revoked. Easement by implication would arise if there was an existing use of the road that Sue continued to use after obtaining her property. Reserved easement would occur if Grandpa had retained the right to use the road himself. Easement by prescription would require Sue to have used the road openly and continuously for a period of time without Grandpa's permission, which is not the case here.

Quiz 43: Real Property And Tenant-landlord Law