Deck 43: Real Property And Tenant-landlord Law

Question 1

A landlord's substantial interference with a tenant's use of the property is considered:

A) a constructive eviction.
B) a tort.
C) a violation of federal housing law.
D) permissible in a periodic tenancy.

Answer 1

A

Question 2

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

Answer 2

False

Question 3

Tim is buying a farm.A general warranty deed is the best type of deed for Tim.

Answer 3

True

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.

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.

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.

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.

Question 8

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

Question 9

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

Question 10

Real property consists of:

A) buildings.
B) air rights.
C) plant life.
D) All of the above.

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.

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.

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."

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.

Question 15

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

Question 16

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

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.

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?

A) The washer, dryer, and furnace are all fixtures.
B) The furnace is a fixture, but the washer and dryer are not.
C) The washer and dryer are fixtures, but the furnace is not.
D) The furnace and the washer are fixtures, but the dryer is not.

Question 19

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

A) establish the rights between the grantor and the grantee.
B) assure the grantee that a transfer of real property is now complete.
C) establish the type of deed granted (i.e. warranty deed, special warranty deed, or quitclaim deed).
D) put the rest of the world on notice that the transaction occurred between the grantor and the grantee.

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?

A) Grant easement.
B) Easement by implication.
C) Reserved easement.
D) Easement by prescription.

Question 21

The Solomans own a cabin on the south side of Mount Henry.One day,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?

A) Yes, Bennie and Claudia were living on the property with exclusive, open possession for a continuous period of time for the required 10 years.
B) Yes, Bennie and Claudia had the Solomans' permission, therefore the possession was not illegal.
C) No, Bennie's and Claudia's possession was with the Solomans' permission and therefore the claim was not adverse to the Solomans.
D) No, there was no warranty deed transferred to Bennie and Claudia.

Question 22

Bill and Kim moved onto some deserted land.After living on the land for ten years (as is required by that state's law),Bill and Kim claimed to be the titled owners by adverse possession.The state court awarded title to Bill and Kim.Their real property consisted of:

A) the land.
B) the buildings they constructed on the land.
C) the plants and vegetation on the land, including the growing trees and plants that produced fruit and other edible items.
D) All of the above.

Question 23

Which of the following types of concurrent ownership does not provide for rights of survivorship?

A) Joint tenancy.
B) Tenancy in common.
C) Tenancy by the entirety.
D) All of the above provide for rights of survivorship.

Question 24

You go to a theater to see a play one Saturday evening.You have:

A) purchased an interest called a "profit."
B) an easement by reservation.
C) a license to enter the theater.
D) no property right in the theater just by purchasing the ticket for the play.

Question 25

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

A) mortgagee.
B) mortgagor.
C) profitor.
D) profitee.

Question 26

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?

A) Each owns one-half of the real property and other assets they acquire during the marriage.
B) The community property rules allow Jeff and Liz to maintain separate ownership of assets they each bring to the marriage or inherit.
C) Community property cannot be sold by Jeff or Liz without consent by the other.
D) All of the above are correct.

Question 27

Future interests in land:

A) are presently existing nonpossessory rights that may or may not develop later.
B) are possessory interests because they permit the holder to take possession at some point.
C) must create a right to, not merely the possibility of, possession at some time in the future or they would be merely illusory.
D) cannot be bought and sold.

Question 28

A tenancy with no fixed duration is a:

A) tenancy from month to month.
B) tenancy at will.
C) periodic tenancy.
D) tenancy for years.

Question 29

Wayne is renting an efficiency upstairs from Fields.Wayne decides to go to Europe for four months and lets his friend,Charlie,live in his apartment while he is away,with the understanding that Charlie will pay the rent.Wayne has:

A) assigned the apartment, but Wayne is still liable for the rent.
B) sublet the apartment, but Wayne is still liable for the rent.
C) assigned the apartment, but is not liable for any unpaid rent during Charlie's occupancy.
D) sublet the apartment, but is not liable for any unpaid rent during Charlie's occupancy.

Question 30

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety.When Janet died,her will left of all her real property to T.J.,their 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.

A) Ted will win because property owned in a tenancy by the entirety includes rights of survivorship for the surviving spouse. Ted will get the title to the entire property.
B) Ted will win only a one-half interest in the jungle property. T.J. will own the other one-half interest because Janet had the right to will her half of the property to anyone she chose.
C) Ted will lose and forfeit his entire interest in the whole property because a tenancy by the entirety means that one party owns the entire property.
D) None of the above.

Question 31

Laverne knew that her house was infested with termites.Nevertheless,Laverne listed her house for sale by owner.Shirley had been looking for the perfect house for months now.She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon.Shirley fell in love with the house,the yard,and the neighborhood.Shirley was so excited about buying this house that she did not bother to hire an attorney,hire a company to conduct a termite inspection,or talk to the neighbors about the condition of the house.Within six months after buying the house,the front porch started to crumble,exposing the rotten wood destroyed by termites.The neighbors confirmed that Laverne had mentioned that the house was infested with termites.Shirley wants out of the deal or money to repair the termite damage.Shirley's claim against Laverne would most likely be based on:

A) a duty to disclose defects.
B) the implied warranty of habitability.
C) a partition action.
D) profit.

Question 32

Which of the following is a possessory interest in land?

A) Fee simple absolute.
B) Easement.
C) Profit.
D) License.

Question 33

Angelina owned a lot near a lake.Although she never had permission from the owner of the adjoining land,each weekend when she camped on her lot she crossed his land to take her boat to the boat ramp at the lake.If Angelina continued this use of her neighbor's land for the number of years required by local statute,she would have:

A) created a "profit."
B) an easement by prescription.
C) a grant easement.
D) a license to use her neighbor's land.

Question 34

The right of the tenant to the undisturbed possession of the leased property is known as:

A) quiet enjoyment.
B) habitability.
C) lawful possession.
D) peaceful possession.

Question 35

Unlike a tenant,a licensee:

A) is not entitled to the exclusive possession of the property.
B) is entitled to the exclusive possession of the property.
C) has control of the property.
D) has only a month-to-month right to use the property.

Question 36

Mark signs a periodic year-to-year lease at the River's Edge Warehouse.After the year expires,Mark stays in the warehouse and the landlord acquiesces.Mark:

A) has a month-to-month periodic lease, which can be terminated by either party's giving a 30-day notice.
B) has a tenancy at sufferance which is not a true tenancy at all.
C) has another one-year lease. Periodic tenancies automatically renew unless either party gives proper notice to the other that the tenancy will terminate upon the expiration of the time period.
D) None of the above.

Question 37

Louie has the right to drive across Bernie's land,which is adjacent to Louie's property,to reach the ocean front.Louie's right to drive across Bernie's land is called:

A) an easement appurtenant.
B) a profit appurtenant.
C) an easement in gross.
D) a profit in gross.

Question 38

Yi conveyed a piece of land by general warranty deed.The deed included a covenant of seisin.With this covenant,Yi promised that:

A) she has the power to make the conveyance.
B) the land is free from any easement, profit, mortgage, etc.
C) no other person can lawfully claim the land.
D) she owns whatever estate she is conveying.

Question 39

A general warranty deed is different from a quitclaim deed because:

A) a general warranty deed is more limited in the number of warranties made by the seller to the buyer than the warranties made in a quitclaim deed.
B) a general warranty deed makes five warranties or promises, whereas a quitclaim deed does not contain any promises.
C) a quitclaim deed does not require the seller's signature, but a general warranty deed does require the seller's signature.
D) None of the above are correct.

Question 40

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

A) the type of the proposed building.
B) the reaction of the neighbors.
C) the reason the owner claims she is harmed by the zoning ordinance.
D) All of the above.

Question 41

Discuss the factors a court will consider when deciding the issue of whether a landlord is liable for a criminal attack against a tenant.

Question 42

The Rameys are selling their home.They did not set forth in the sales agreement whether the washer and dryer,the draperies,and a cherry corner cabinet which was in the dining room were to be included in the sale or whether they were planning to take these items with them.The buyers are claiming these items are fixtures and should stay with the house.The Rameys are claiming they are movable goods and they should not be part of the real estate which was sold.Define "fixtures," identify the tests used to determine whether an item is a fixture,and explain whether you think each of the contested items is a fixture and why or why not.

Question 43

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Question 44

Sandra and Joe own a hobby farm as tenants in common.They also own a vacation home as joint tenants.What is the difference between the tenancy in common and joint tenancy?

Question 45

The city of Richmond needs land owned by the Neelans to expand a middle school.The Neelans do not want to sell.Discuss what course of action the city can take and the basis for this action.

Question 46

Lauren and Hayden own residential houses side by side.Between the houses,is one driveway which provides mutual access to both back yards.Lauren actually owns the property where the driveway sits.However,Hayden has the right to use the driveway to access his back yard.What type of easement does this situation describe,an easement appurtenant or an easement in gross? What are the differences between the two types of easements?