Chapter 18: Ownership and Leasing of Real Property
1. The riparian rights system and the prior appropriation system are used for regulating water rights.
2. Fixtures installed by a residential tenant will not become the property of the landlord at the end of the lease.
3. Trade fixtures are personal property attached to realty by business tenants.
4. The owner of a life estate may permanently dispose of the property.
5. Easements are irrevocable rights granted to allow limited use of another’s land without exclusive possession.
6. Leases that extend for more than one year must be in writing.
7. A tenancy at sufferance usually involves a holdover tenant.
8. Landlords generally do not have a right to enter leased premises for inspection unless this right is given in the
lease.
9. Constructive eviction allows the tenant to withhold rent.
10. If a residential tenant has added fixtures to the realty, the tenant may remove them at the end of the lease.
11. When more than one estate exists in a single parcel,
C. a conditional estate exists.
D. the respective owners share the powers of ownership.
12. Estates in real property that involve ownership for a limited period of time are termed
A. conditional estates.
B. fee simple absolute estates.
13. The most common document used to transfer ownership of realty is a
C. license.
D. none of these.
14. When adverse possession occurs,
A. the occupation is without the consent of the owner.
B. the occupation is open and notorious.
15. If someone makes a systematic use of your property for a long period of time, then the law will
acknowledge an easement
A. appurtenant.
B. in gross.
16. The possessor of realty has the duty to disclose any known non-obvious dangers and to refrain from doing
intentional harm to
A. a business invitee.
B. a licensee.
17. A notice of termination is required to end
C. a tenancy at will.
D. all of these.
18. If a lease is for a period of ten months, it is
A. a periodic tenancy.
B. a tenancy for month to month.
19. When a tenant transfers the entire interest in the lease to a third person,
A. an assignment of a lease takes place.
B. the new tenant is liable for the conditions of the lease.
20. Landlords can be held liable for
A. injuries due to faulty conditions of the common areas.
B. injuries resulting from defective concealed conditions within the tenant’s exclusive possession.
21. When Todd’s father dies, his mother gives their lakefront property to Todd as a birthday gift. In this
transaction Todd’s mother is a(n)
C. grantee.
D. warrantee.
22. Jamika owns a home on 50 acres of land in which she raises maple trees. The sap from these trees is
periodically extracted and sold for manufacturing maple syrup, but the trees themselves remain unharvested.
Which of the following statements is true?
A. The home is real property, but the trees are personal property.
B. The home and the sap from the trees are both considered real property.
23. Harrison gives his property to his city for the sole purpose of constructing a senior citizen’s recreational
facility. Which of the following terms legally describes this transaction?
A. dedication
B. personal property
24. Gabe purchases a piece of land in southeastern Texas for the purpose of raising cotton. His neighbor, Emil,
begins drilling and pumping for natural gas. After several months Emil is able to extract gas, but the pool of gas
that extends under both pieces of property. Emil could gain ownership of all the gases in the pool that he
extracts by the
C. doctrine of abutment.
D. doctrine of adverse possession.
25. When Lucia purchases Helena’s condominium at the agreed-upon price, what document should she obtain
from Helena to insure that Helena has the legal right to sell the property and that there are no undisclosed claims
on the property?
C. license
D. quitclaim deed
26. Bonnie has been leasing a garage apartment from Brett and currently has nine months remaining on her
lease. Her friend, Yvette, needs a place to stay for the next six months. So Bonnie and Yvette agree that, while
Bonnie is out of town caring for her aging mother, Yvette will move into Bonnie’s apartment and pay the rent
directly to Brett. Their arrangement is known as a
C. tenancy at sufferance.
D. both a and b.
27. At the end of his one-year lease, Tony continued to occupy his apartment and failed to procure another
lease. What type of tenancy does Tony have?
A. none
B. tenancy at will
28. Enrique has a one-year lease on a one-bedroom apartment. Ten months into the lease he learns he is being
transferred and will have to vacate the apartment two months early. The landlord makes no attempt to re-rent
the property. Which of the following statements is true in this situation.
A. The doctrine of impossibility will apply and relieve Enrique of the duty to pay the rent for the remaining
months.
B. Enrique can claim constructive eviction should the landlord sue for the remaining rent.
29. Because the apartment complex has lately been infested with roaches, the apartment manager allows a
pest-control service to enter each tenant’s apartment for the expressed purpose of spraying for the insects. What
rights and/or duties apply in this situation?
C. Because a tenant is only a temporary resident, he gives up certain “rights of entrance.”
D. none of these
30. If Elsie owns a condominium and agrees to rent it to Dora for a period of nine months,
C. a tenancy for years was created.
D. both a and c.
31. Patrick owns a 10-acre piece of land that is restricted to the construction of multiple-family dwellings by
action of the city government. This type of restriction is known as a(n) ____________________.
32. Rex agrees to lease a retail space from Retail Management, Inc., at a price of $600 per month for the
purpose of operating a hair salon. During the finish-out phase of Rex’s retail space, sinks, hair dryers, and
special chairs are permanently attached to the leasehold’s floors and walls. These attachments are known as
____________________.
33. Rod is a delivery person for Widler’s dry-cleaning service. In performing his job, he picks up customers’
clothing from their front or back porch and then delivers the dry-cleaned garments to the same place. Rod is
a(n) ____________________ on the customers’ property because they have permitted him to be there.
34. Damon purchases a substantial piece of real property in which he acquires all rights of ownership. The type
of estate Damon possesses is called a(n)____________________.
35. Elayne owns a piece of land valued at $55,000 which her city needs to be able to extend one of the city’s
main highways to the interstate. The city will take Elayne’s land for this public use by exercising its power of
____________________.
36. While Kirk and Laurel are waiting for their new home to be completed, their lease term at their apartment
expires. They contact the apartment manager and convert their six-month lease to a “month-to-month” lease.
The couple now has a(n) ____________________ tenancy.
37. Orlando’s lease on his apartment expired on the 30th of this month. However, he has continued to stay in the
apartment and therefore has become a(n) ____________________ tenant.
38. According to the terms of Elijah’s lease agreement, if he fails to pay his monthly rent before the third day of
the month, the landlord can pursue legal action to remove him from the landlord’s property. This legal action is
known as ____________________.
39. Wendy operates a small residential complex. Wally contacts Wendy hoping to sign a lease agreement for
one of these residential units. Because all the other tenants are female, Wendy refuses to lease to Wally because
he is a male. The law that prevents her from discriminating against him because of his sex is called the
____________________.
40. Easements that do not benefit neighboring land but instead benefit a person or business are called
____________________.
41. More than half of the branches of a large straight oak tree overspread the fence onto Doug’s property. He
sold the tree as timber considering it to be in his airspace. Is Doug in error? Explain your answer.
42. Aileen and Kenneth purchased a piece of land with the express purpose of growing trees and shrubs to resell
for landscaping purposes. Because this piece of land is inaccessible from the main highway, trucks will need to
drive across Gary’s land to load the trees for delivery into town. Aileen and Kenneth do not want to purchase
Gary’s land but would like access through the land for several years. What type of property right should they
attempt to secure in Gary’s land to fulfill their needs.
An easement, particularly an easement appurtenant, would most benefit Kenneth and Aileen if they can obtain