Question 1

Quito and Raul own a condo near San Francisco Bay as joint tenants. Raul sells his ownership rights in the condo to Timor. Quito and Timor own the condo as

Accepted Answer

When Raul sold his ownership rights in the condo to Timor, the joint tenancy was severed, and the ownership was automatically converted to tenancy in common. Therefore, Quito and Timor now own the condo as tenants in common. Community property and tenants at sufferance have no relevance in this situation.

Question 2

Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distinguishes Moby, a tenant, from Ollie, a licensee, is

Accepted Answer

A tenant has the exclusive right to possess and occupy a property, while a licensee only has permission to use the property for a specific purpose. In this case, Moby as the tenant has exclusive possession of the theater, while Ollie as the licensee only has permission to attend the concerts.

Question 3

Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the property, may create a fixed-term tenancy by

Accepted Answer

A fixed-term tenancy is a type of tenancy that is established for a specific period of time. It is typically created by an express contract between the landlord and tenant, which specifies the length of the tenancy and the terms and conditions that apply. This option is the best because it clearly establishes the rights and responsibilities of both parties and provides a written record of the agreement. Deed (A) refers to the transfer of ownership of a property, while implication (C) and sufferance (D) do not provide enough specifics to establish a fixed-term tenancy.

Question 4

Uberto and Vicki are married and own a mountain cabin in Wyoming in such a way that neither may transfer separately his or her interest during his or her lifetime. Uberto and Vicki own the lodge as

Accepted Answer

Uberto and Vicki own the mountain cabin as tenants by the entirety, which is a form of joint tenancy only available to married couples. This means that they each own an undivided interest in the property, but neither can transfer their interest without the other's consent. Additionally, if one of them were to pass away, the other would inherit the entire property. This is different from tenants in common, where each owner can sell or gift their interest and their share would pass to their heirs if they were to pass away.

Question 5

Klondike and Leola own 10,000 shares of stock in My-T Gro Corporation. On the death of ether owner, that owner's interest in the stock passes to the surviving owner. This is

Accepted Answer

This is a joint tenancy because upon the death of either owner, their interest in the stock automatically passes to the surviving owner. In a tenancy in common, each owner's share would pass according to their will or through intestacy laws, and in a life estate, ownership is limited to the duration of the owner's life. Ownership in fee simple absolute is the highest form of ownership and is not applicable in this scenario.

Question 6

Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes

Accepted Answer

Land includes all of the natural resources (soil and the pond) as well as any permanent structures on the property, such as the farmhouse and the barn. Since the structures are permanently attached to the land, they are considered part of the land. Therefore, the best choice is option A, which includes the pond, the soil, and the structures.

Question 7

Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is

Accepted Answer

The right to drive trucks across someone else's property is an example of an easement, which is a nonpossessory interest in another's land that allows the holder to use the land for a specific purpose. It is not a leasehold estate, which is an exclusive right to possess and use a property for a certain period of time. It is also not a license, which is permission to do something on another's property without possessing any interest in the property. Finally, it is not a profit, which is a right to take something from another's property, such as a mineral or timber.

Question 8

Rita believes that Shady Grove Apartments, Inc., her landlord, has violated the law in a way that entitles her to withhold the rent. This remedy is generally associated with

Accepted Answer

Withholding rent is generally associated with a breach of the implied warranty of habitability, which requires landlords to provide safe and habitable living conditions for their tenants. If the landlord fails to meet this requirement, it may be a defense for tenants to withhold rent until the issue is resolved. Other types of violations such as breaches of quiet enjoyment or failure to provide security may not necessarily warrant withholding rent as a remedy. Discrimination is also a serious issue but would likely involve other legal remedies such as filing a complaint with a fair housing agency or pursuing a lawsuit.

Question 9

Fact Pattern 50-1A
Nikita owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
-Refer to Fact Pattern 50-1A. Nikita conveys some of her land to Reggie with the right to possess and use the property for a certain period of time. Nikita has given Reggie

Accepted Answer

Nikita has conveyed a leasehold estate, which grants Reggie the right to possess and use the property for a certain period of time. This does not grant him ownership rights, therefore it is not a fee simple absolute. It also does not grant him the right to possess and use the property for life, so it is not a life estate. An easement is a right to use someone else's property for a specific purpose, which is not what is described in the fact pattern. Therefore, the correct answer is B, a leasehold estate.

Question 10

Cow Country Corporation (CCC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CCC retains the right to remove a limited amount of water per day from the reservoir. This right is

Accepted Answer

The answer of Cow Country Corporation (CCC) sells half of...

Question 11

Buster conveys one square block in Center City "to Diana for life, then to Center City." For Diana, this creates

Accepted Answer

The words "for life" indicate that Diana has a life estate in the property. This means she has the right to use and enjoy the property for as long as she lives, but she cannot sell it or pass it on to anyone else. After Diana passes away, the property will go back to Center City.

Question 12

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes

Accepted Answer

In a farm transaction, unless otherwise specified, the sale typically includes all improvements and property on the land, including any crops and trees serving as windbreaks. Thus, in this case, the sale would include both the corn crops and the stands of trees.

Question 13

Tyro has the right to drive across Ula's land, which is next to Tyro's property, to reach an access road. Tyro's right is

Accepted Answer

An easement appurtenant is a right that benefits one parcel of land and burdens another, typically involving adjoining properties. In this scenario, Tyro's right to drive across Ula's land to reach an access road is a classic example of an easement appurtenant as it benefits Tyro's property (by providing access) and burdens Ula's land (by allowing Tyro to use a portion of it for access).

Question 14

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

Accepted Answer

The answer of Mix-It Concrete Company has the right to...

Question 15

Fact Pattern 50-1A
Nikita owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
-Refer to Fact Pattern 50-1A. Nikita's ownership interest is

Accepted Answer

Nikita's ownership interest includes all of the traditional rights associated with a fee simple absolute, including the right to sell, give away, or commit waste on the property. Therefore, choice (A) is the best answer.

Question 16

Xavier owns a duplex that he leases to Yves and Zeb. Xavier may sell

Accepted Answer

As the owner of the duplex, Xavier has the right to sell the property at any time. The lease agreement between Xavier, Yves, and Zeb does not affect Xavier's ability to sell the property. However, the new owner will be bound by the existing lease agreement until it expires or until they negotiate a new agreement with the tenants.

Question 17

Dora leases a house from Evan for a two-year term. To ensure the validity of their lease, it should include

Accepted Answer

A description of the premises is essential in any lease agreement to ensure that both parties have a clear understanding of the property being leased. The due date for property taxes is not relevant to the lease, and requiring the tenant to perform structural repairs is unreasonable. While it is a good idea for landlords to carry liability insurance, it is not necessary to include this requirement in the lease agreement.

Question 18

LaDonna signs a one-year lease with Mae to occupy an apartment in Ames, Iowa, near the University of Iowa. LaDonna needs the apartment only for two semesters and may have to sublet it for the rest of the term. LaDonna's tenancy is

Accepted Answer

LaDonna's lease for a specific duration of one year creates a fixed-term tenancy. This means that the agreement is for a set period and will expire at the end of the lease term, without requiring either party to give notice to terminate the arrangement. However, some leases include provisions that allow tenants to sublet their unit with the landlord's consent. In this case, LaDonna can sublet her apartment for the remainder of her lease term with Mae's approval.

Question 19

Hobby Farms, Inc., owns rural property that it leases to various tenants, including Ira. Ira's transfer of his entire interest in the leased property to a Jason is

Accepted Answer

This is an assignment of the lease, as Ira is transferring his entire interest in the leased property to Jason. In an assignment, the original tenant transfers all of their rights and obligations under the lease to a new tenant.

Question 20

Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is

Accepted Answer

Gina's right to camp on Fertile land overnight is a license, which is a personal right to use someone else's property for a specific purpose. It is not a leasehold estate because she is not occupying the land for an extended period of time or paying rent. It is not an easement because she is not using the land for a specific purpose, such as accessing her own property. It is not a profit because she does not have the right to take or use anything from the land for her own benefit.

Quiz 50: Real Property Landlord-Tenant Relationships