Question 1

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,in?cluding extracting silver from an existing mine,for life.Patsy also has the right to lease the land for a period not to exceed her life.This ownership interest is

Accepted Answer

Patsy's ownership interest is a life estate because she only has the right to use and benefit from the property during her lifetime. Once she passes away, the ownership of the property reverts back to the original owner or to whomever they designate. The fact that Patsy can also lease the property does not change the fact that her ownership interest is a life estate.

Question 2

Oak Grove Residences,Inc. ,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

Accepted Answer

Pedro is transferring his interest in the lease to Quito for a period shorter than the lease term, which fits the definition of a sublease. In a sublease, the original tenant (Pedro) becomes a sublessor and the new tenant (Quito) becomes a sublessee. The sublessee pays rent to the sublessor and has some of the same rights and obligations as the original tenant, but ultimately the original lease remains in effect.

Question 3

Bren leases an apartment from Cris for one year.After two months,she sublets the premises for the next six months to Dee,without obtaining Cris's con?sent.Dee pays the rent for only four months.For the last two months of Dee's six-month term,Bren is

Accepted Answer

Bren is liable for the rent because Dee defaulted, and Bren remains responsible to Cris under the original lease agreement.

Question 4

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies,the other will be the sole owner.Ian and Jackie own the kiosk as

Accepted Answer

The fact that if one owner dies, the other owner will be the sole owner indicates that Ian and Jackie hold title as joint tenants. Joint tenancy requires equal shares, the right of survivorship (which means when one joint tenant dies, their share automatically passes to the surviving joint tenant), and unity of time, title, interest, and possession. Co-owners in fee simple, tenants by the entirety, and tenants in common do not have the right of survivorship.

Question 5

With respect to Egor's land,Fig has an easement,Gabe has a profit,and Huck has a license.A right to possess the land is owned by

Accepted Answer

Egor is the only one who has full ownership and the right to possess the land. The others only have specific rights or privileges to use the land, but ownership and possession still belong to Egor.

Question 6

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat passes to her heirs.This is

Accepted Answer

The ownership of the boat is a tenancy in common because each owner has a separate and divisible interest in the property. Additionally, upon the death of either owner, her interest in the boat passes to her heirs, rather than automatically to the surviving owner.

Question 7

Jody and Kent each own one-half of Local Motion,a club,as a tenant in common.Kent sells his interest to Meri,who now owns

Accepted Answer

Kent sells his half interest to Meri, which means Meri and Jody are now tenants in common, each owning a 50% interest in Local Motion. Therefore, Meri owns the firm with Jody as tenants in common.

Question 8

Property Management Corporation (PMC)owns several apartment buildings in two states.Regarding standards for maintenance of the build?ings,PMC should consult

Accepted Answer

The applicable city ordinances and state statutes outline the legal requirements and standards for maintenance of the buildings. PMC should consult these to ensure they are in compliance and provide safe living conditions for their tenants. The previous owners and long-term tenants may provide some insight, but their opinions are not legally binding or necessarily reflective of the required standards. The Uniform Landlords' Maintenance Manual may offer helpful guidance, but it is not the primary source of legal requirements for maintenance standards.

Question 9

Consumer Shops,Inc. ,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops

Accepted Answer

When Consumer Shops signs a lease with Downtown Building Company, they acquire only temporary possession of the premises. This means that they have the right to use and occupy the property for a specified period of time (as outlined in the lease agreement), but they do not own the property or have permanent rights to it. The owner, Downtown Building Company, retains ownership and control of the property.

Question 10

Cornucopia Farms LLC possesses farmland.Cornucopia has the right to use the property,including harvesting the crops,for ten years.Cornucopia does not have the right to extract the coal under the land.This is

Accepted Answer

Cornucopia Farms LLC has a leasehold estate because they have the right to use and possess the property for a specific time period of ten years. They do not own the property outright like in a fee simple absolute, nor do they have a right to use the property for the entirety of someone's life like in a life estate. They also do not have a limited right of use like in an easement.

Question 11

Sid rents an apartment from Town Homes,Inc.The lease,which ends on May 31,does not include an option for re?newal,and Sid and Town do not discuss whether Sid can stay on at the end of the term.On June 1,Sid has

Accepted Answer

Since the lease does not include an option for renewal and there was no discussion about Sid staying on at the end of the term, Sid does not have a right to remain and has no legal basis to continue occupying the apartment.

Question 12

Opal conveys three acres of wetlands to Pristine Places,Inc. ,with a deed that warrants only that Opal held good title during her ownership of the property.This deed is

Accepted Answer

The deed that Opal used is a special warranty deed. This type of deed warrants only that the grantor held good title during their ownership of the property, and does not provide any guarantees beyond that. A warranty deed, on the other hand, provides a more extensive set of warranties and guarantees about the title being conveyed. A grant deed is used to convey ownership from one individual to another, while a quitclaim deed is used to release any interest in a property that the grantor may have.

Question 13

Fact Pattern 50-1B 
Shopping Mall,Inc.(SMI),leases space to Toney Goods Company and Uneek Stuf Store.Later,Uneek begins to sell items that are similar to Toney's goods,and Toney abandons its space before the end of the lease term.
-Refer to Fact Pattern 50-1B.In a growing number of jurisdictions,SMI would be

Accepted Answer

The principle of mitigation of damages requires SMI to take reasonable efforts to find a new tenant to replace Toney and mitigate its damages. This means that SMI cannot simply rely on Uneek to pay the rent owed by Toney or increase other tenants' rent to cover Toney's unpaid rent. SMI must take active steps to mitigate its damages, such as advertising the space for rent or negotiating a new lease with another tenant.

Question 14

Fact Pattern 50-1B 
Shopping Mall,Inc.(SMI),leases space to Toney Goods Company and Uneek Stuf Store.Later,Uneek begins to sell items that are similar to Toney's goods,and Toney abandons its space before the end of the lease term.
-Refer to Fact Pattern 50-1B.Toney is liable to

Accepted Answer

Toney is liable to SMI for at least some of the unpaid rent. Toney had a lease agreement with SMI and abandoning the space before the end of the lease term does not absolve them of their responsibility to pay rent for the period they leased the space. However, Toney is not liable to Uneek or SMI's other tenants as there is no evidence of any wrongdoing on their part.

Question 15

To acquire the ownership of a vacant lot by ad?verse possession,Durwood must occupy the lot exclusively,continuously,and peaceably for a specified period of time

Accepted Answer

Adverse possession requires the occupier to possess the land openly, hostilely, and without the owner's permission. Continuously and peacefully occupying the lot for a specified period of time (typically 7-20 years depending on the state) is also a requirement for adverse possession. The owner filing a suit or the state's permission is not required for adverse possession to occur.

Question 16

Orin owns Pilot's Landing Office Park.His ownership rights include the right to sell or give away the property without restriction,as well as the right to com?mit waste,if she chooses.Orin's ownership interest is

Accepted Answer

Orin's ownership has no restrictions, and he has the right to commit waste, which are characteristics of a fee simple absolute. The other choices do not fit the described ownership rights.

Question 17

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

Accepted Answer

Jamal signed a lease with Kelvin for a specific period of time (the summer), which makes this a fixed-term tenancy. A periodic tenancy would have no specific end date, a restrictive covenant pertains to a limitation or prohibition in the lease agreement (not the form of tenancy), and a tenancy at will is one without a specific term or length.

Question 18

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend

Accepted Answer

Under the traditional common law doctrine of "cuius est solum, eius est usque ad coelum et ad inferos," land ownership extends from the center of the earth to the farthest reaches of the atmosphere.

Question 19

Utility Power Company has the right to run its power lines across Velma's land.This is

Accepted Answer

An easement is a non-possessory right to use someone else's property for a specific purpose. In this case, Utility Power Company has the right to run power lines across Velma's land, which is an example of an easement. A license would be a temporary permission to use someone else's property, a profit would be a right to take a portion of the land's resources, and a tenancy at sufferance would be when a tenant remains on the property after their lease has ended without the landlord's consent.

Question 20

Mineral Products Corporation,which owns no land,has a right to mine the copper from Natural Resource Company's land.Mineral's right is

Accepted Answer

A profit is a right to enter someone else's land and take part of the land or a product of it, such as minerals, which is what Mineral Products Corporation has.

Quiz 50: A: Real Property Landlord-Tenant Relationships