Question 1

​When farmer Joe sold his land to an oil company, he wanted to keep the right to use the lake on the land for fishing. What would give him the right to do this?

Accepted Answer

A reservation is the act of reserving or keeping back a certain right, such as the right to use a specific part of the land, even after selling the property. In this case, farmer Joe would have the right to use the lake for fishing as a reservation in his sale agreement with the oil company.

Question 2

A security interest in real property is called a

Accepted Answer

A mortgage is a type of security interest in real property where the lender (mortgagee) has the right to take possession of the property if the borrower (mortgagor) fails to repay the loan. A lien is a broader term for any legal claim or hold on property, but does not specifically refer to real property. A grant easement is a right granted by a property owner to someone else to use the property for a specific purpose, but does not involve a security interest. Reversion refers to the right of a property owner to have the property revert back to them after a specific event or time period has passed.

Question 3

Unlike a tenant, a licensee

Accepted Answer

A licensee is granted permission to use the property by the owner but does not have the right to exclusive possession of it. This means that the owner can enter the property at any time and the licensee cannot prevent others from also using the property. Additionally, the license can be revoked at any time by the owner.

Question 4

Christy's new office lease states that rent will increase by 2% per year to cover tax increases. This is known as a(n)

Accepted Answer

An escalator clause is a provision in a lease agreement that allows for the rent to increase based on certain predetermined factors, such as tax increases or inflation. In this case, Christy's lease includes an escalator clause that specifically states rent will increase by 2% per year to cover tax increases.

Question 5

Liz and Jeff live in California, a state that recognizes community property. Jeff is a machinist who makes $30,000 a year. Liz is the owner of a franchise where her take-home profit is approximately $75,000 a year. Jeff and Liz purchased a house during their marriage wherein Liz paid three-fourths of the purchase price and Jeff paid one-fourth. Which of the following statements is correct with regard to Jeff and Liz?

Accepted Answer

In California, a community property state, assets acquired during the marriage are considered jointly owned, meaning each spouse owns one-half, regardless of the individual contributions to the purchase price.

Question 6

​If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?

Accepted Answer

Under common law rules, both the landlord and tenant can be held liable for injuries sustained on the property. The landlord has a duty to maintain the property in a reasonably safe condition, while the tenant has a duty to notify the landlord of any defects or hazards that need to be repaired or fixed. In this case, the rip in the carpet could be considered a hazard that both the landlord and the tenant could have a duty to address. Therefore, both parties could be found liable for the customer's injuries.

Question 7

Whether or not the zoning board will grant a request for a variance depends upon

Accepted Answer

The decision to grant a variance by a zoning board can depend on various factors including the type of the proposed building, the reaction of the neighbors, and the reason the owner claims harm from the zoning ordinance.

Question 8

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety. When Janet died, her will left all of her real property to T.J., Ted and Janet's adult son. T.J. claims he is the sole owner of the jungle property. Ted objects and files a lawsuit for sole ownership of the jungle property.

Accepted Answer

Property owned in a tenancy by the entirety automatically includes rights of survivorship, meaning upon the death of one spouse, the surviving spouse receives the deceased spouse's interest in the property, resulting in sole ownership by the surviving spouse.

Question 9

​Ali and Latosha bought a house through a mortgage they secured from their local bank. When they failed to make their mortgage payments, the bank used ________ to foreclose on the property and sell it.

Accepted Answer

A lien is a legal claim or hold on a property as security for a debt. In the case of a mortgage, the bank has a lien on the property until the mortgage is paid off. If the borrowers fail to make their mortgage payments, the bank can use the lien to foreclose on the property (take possession of it) and sell it to pay off the debt.

Question 10

Louie subdivides his oceanfront property with a boat ramp and sells several parcels that do not reach the ocean, promising all purchasers use of the boat ramp. Bernie buys one of the parcels. His right to enter Louie's property to reach the boat ramp is

Accepted Answer

This is an example of an easement by implication, which arises when a property is subdivided and there is an obvious and necessary easement that is implied by the circumstances. In this case, all of the purchasers were promised use of the boat ramp, so it can be implied that they have the right to enter Louie's property to reach it.

Question 11

​Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under common law, is the landlord liable?

Accepted Answer

The landlord is not liable because he had informed the tenant of the safety issue with the railing, which means he had made the tenant aware of the danger, shifting responsibility for avoiding the hazard to the tenant.

Question 12

The landlord's first important duty to a tenant is to

Accepted Answer

Delivering possession means that the landlord gives the tenant the legal right to occupy and possess the rental unit. This is the first and most important obligation of a landlord to a tenant.

Question 13

The right of an owner or her heirs to property upon the death of a life tenant is called a

Accepted Answer

A reversion is the right of an owner or her heirs to property upon the death of a life tenant. This means that when the life tenant dies, the property reverts back to the original owner or their heirs.

Question 14

Daisy's Donuts rents retail space in the Crestwood Mall beginning January 1, 2018, and ending December 31, 2025. This is an example of a

Accepted Answer

The lease agreement has a definite start and end date, making it a tenancy for years.

Question 15

What is an abatement?

Accepted Answer

An abatement is an order requiring a homeowner to eliminate a nuisance. This could include anything from loud noise to an unkempt yard. The purpose of the abatement is to ensure that the community is livable for everyone.

Question 16

Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of a

Accepted Answer

Paul and Diana owning a home with both of their names on the mortgage is an example of concurrent estate, where multiple parties have ownership and usage rights to a property simultaneously.

Question 17

The Solomans own a cabin on the south side of Mount Henry. The Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again. Twelve years later, the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer. Bennie and Claudia claimed that they had acquired title by adverse possession, because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state). Are Bennie and Claudia correct?

Accepted Answer

Adverse possession requires that the possession be hostile, adverse, under claim of right, actual, open, notorious, and continuous. However, in this case, Bennie and Claudia were initially allowed to use the cabin by the Solomans, which means their possession was not hostile or adverse to the Solomans. Therefore, Bennie and Claudia cannot claim adverse possession because their possession was not adverse to the true owner.

Question 18

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the

Accepted Answer

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the mortgagee. The mortgagor is the borrower who pledges their property as collateral for the loan. Profitor and profitee are not terms commonly used in the mortgage industry.

Question 19

Future interests in land

Accepted Answer

The answer of Future interests in land
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Question 20

Professor McDonald owns the following property. Which of these is NOT real property?

Accepted Answer

Real property refers to land and anything permanently attached to it, such as buildings, trees, and fixtures (custom-made bookshelves would be a fixture). However, books are not permanently attached to the property and can easily be moved or removed, so they are considered personal property rather than real property.

Quiz 42: Real Property and Landlord Tenant Law