Chapter 43
Real Property and
Landlord-Tenant Law
N.B.: TYPE indicates that a question is new, modified, or unchanged, as
follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
1. The owner of real property has relatively exclusive rights to the airspace above
the land.
2. Land includes the artificial structures attached to it.
3. Plant life is not considered to be real property.
4. An item cannot be a fixture unless it is physically attached to the land.
5. A contract for the sale of commercial realty should indicate what items are
included in the sale.
6. In a fee simple absolute, the owner has the greatest aggregation of rights,
privileges, and power possible.
7. The owner of a fee simple absolute has the right to use property for whatever
purpose he or she sees fit.
8. Life tenants are persons who share ownership rights simultaneously.
9. An easement can be created by prescription.
10. A profit is the right to make limited use of another person’s real property without
taking anything from the property.
11. An easement arises when the owner of one piece of land occupies the real
property of a neighbor and eventually acquires title to it.
12. A license is the revocable right of a person to come onto another person’s land.
13. Real estate sales contract are often made contingent on the buyer obtaining
financing.
14. In most states, the seller of a new house warrants that it is fit for habitation.
15. A warranty deed provides the most protection against defects of title.
16. A special warranty deed provides the most protection against defects of title.
17. A recording statute allows deeds to be recorded to give notice to the public.
18. For a party to take by adverse possession, the party’s possession must not be
open, visible, or notorious.
19. Under the power of eminent domain, the government may take private property
only for private use, not for public benefit.
20. A fixed-term tenancy is created when a lease does not specify its duration.
21. A landlord is usually required to give some period of notice to terminate a
periodic tenancy.
22. The possession of land without right is a tenancy at will.
23. Generally, contract doctrines apply to a landlord-tenant relationship.
24. Under the covenant of quiet enjoyment, a landlord promises that a tenant will
not be disturbed in the possession of the premises.
25. A lease is enforceable even if the premises are intended for an illegal purpose.
26. Constructive eviction occurs when a tenant moves off the premises in re-
taliation against the landlord.
27. A tenant is not responsible for the ordinary wear and tear of leased premises.
28. A tenant has a duty to maintain in a reasonably safe condition those areas
under his or her control.
29. A tenant is responsible for all damage to leased premises.
30. The implied warranty of habitability does not apply to substantial physical
defects that a landlord has had a reasonable time to repair.
31. Generally, a tenant must pay agreed-to rent even if the tenant moves out.
32. A tenant cannot withhold rent for any reason.
33. When a landlord sells leased premises to a third party, any existing leases
terminate automatically.
34. Even after a tenant assigns a lease, the tenant may be obligated to pay rent.
35. Even after a tenant sublets leased premises, the tenant may be obligated to
pay rent.
MULTIPLE CHOICE QUESTIONS
1. Jacob owns five acres of land in northern California. On his land Jacob has a
house and a toolshed. There are ten large maple trees around the house that
were there when Jacob bought the land. Since buying the land, Jacob has
planted an apple tree. Jacob’s real property includes
a. the house and toolshed only.
b. the house only.
c. the house, toolshed and maple trees only.
d. the house, toolshed, maple tress and apple tree.
2. Phil owns a farm in South Dakota. He does not like it when planes from the
local airport fly over his property. Phil is unlikely to win a case claiming that
airplanes flying over his land violate his property rights unless
a. the planes fly over more than twice a day.
b. he can prove there are more efficient routes for the planes to take.
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c. the flights are low and frequent and cause direct interference with Phil’s
enjoyment of the land.
d. the planes belong to private individuals.
3. Marshall owns a piece of land, but James owns the mineral rights to Marshall’s
land. James wishes to sell the mineral rights. James
a. cannot sell the mineral rights.
b. can only sell the mineral rights if Marshall agrees.
c. must give Marshall 30 percent of the proceeds of the sale of the mineral
rights.
d. can sell the mineral rights without consulting Marshall.
4. Jack owns the surface rights for Rocky Ridge Ranch, but does not own the
subsurface rights. Ginny owns the subsurface rights. Rocky Ridge Ranch has a
historic barn, which is damaged when Ginny is excavating minerals from the
ranch. Who is most likely responsible for the damage to the barn?
a. Ginny only
b. Jack only
c. Ginny and Jack
d. no one
5. Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage.
The exterior boundaries of the land extend
a. 100 feet into the earth and 100 feet into the atmosphere.
b. one mile into the earth and one mile into the atmosphere.
c. to infinity and beyond.
d. to the center of the earth and up to the farthest reaches of the
atmosphere.
6. William owns a field where he grows cotton. When William sells the field to
Grace, he includes the cotton that is growing in the field. This sale is governed
by
a. the Uniform Commercial Code.
b. common law.
c. real property law.
d. personal property law.
7. Bakri owns a house. In the house, on a tile floor is a throw rug. Most likely to
meet the definition of a fixture is
a. the house.
b. the throw rug.
c. the tile floor.
d. none of these choices.
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Fact Pattern 43-1 (Questions 8–10 apply)
Nika 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.
8. Refer to Fact Pattern 43–1. Nika’s ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
9. Refer to Fact Pattern 43-1. Nika deeds some of her land to Polly. The deed
states, “To Polly, for life, then to Quay.” Nika has given Polly
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
10. Refer to Fact Pattern 43-1. Nika conveys some of her land to Reggie with the
right to possess and use the property for a certain period of time. Nika has
given Reggie
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
11. Patsy possesses twenty-four acres of remote, rugged land. Patsy has the right
to use the property, including 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.
Patsy’s ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. the power of eminent domain.
12. 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
a. Egor.
b. Fig.
c. Gabe.
d. Huck.
13. 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 lim–
ited amount of water per day from the reservoir. This right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
14. 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
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
15. Mix-It Concrete Company has the right to enter Nim’s land and remove the rock
from Nim’s quarry. This is
a. a fee simple absolute.
b. a license.
c. an easement.
d. a profit.
16. Utility Power Company has the right to run its power lines across Velma’s land.
This is
a. a license.
b. an easement.
c. a profit.
d. a tenancy at sufferance.
17. Mineral Products Corporation, which owns no land, has a right to mine the
copper from Natural Resource Company’s land. Mineral’s right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
18. 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
a. an easement appurtenant.
b. an easement in gross.
c. a profit appurtenant.
d. a profit in gross.
19. 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
a. the exclusivity of possession.
b. the quiet enjoyment of rights.
c. the temporary nature of possession.
d. the title to the property.
20. Silas sells his farm to Kathy. The title is transferred by deed. Kathy is the
a. grantee.
b. grantor.
c. tenant.
d. adverse possessor.
21. 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
a. a grant deed.
b. a quitclaim deed.
c. a special warranty deed.
d. a warranty deed.
22. To acquire the ownership of a mountain cabin by adverse possession, Cody
must occupy the cabin exclusively, continuously, and peaceably for a specified
period of time
a. in an, open, hostile, and adverse manner.
b. until the owner files a suit.
c. without the owner’s knowledge.
d. with the state’s permission.
23. Consumer Shops, Inc., signs a lease for a storefront owned by Downtown
Building Company. Unlike a purchaser of real property, Consumer Shops
a. acquires only temporary possession of the premises.
b. enjoys exclusive possession of the premises.
c. holds only temporary title to the premises.
d. retains temporary, exclusive possession and title to the premises.
24. Alf rents an apartment. The lease does not specify how long it will last, but it
does specify that Alf must pay rent every month. Alf’s tenancy is
a. a fixed-term tenancy.
b. a periodic tenancy.
c. a tenancy at will.
d. not a tenancy.
25. 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
a. a periodic tenancy.
b. a tenancy at will.
c. a tenancy at sufferance.
d. a fixed-term tenancy.
26. Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota
for the summer. Jamal’s tenancy is
a. a fixed-term tenancy.
b. a periodic tenancy.
c. a tenancy at sufferance.
d. a tenancy at will.
27. Sid rents an apartment from Town Properties, Inc. The lease, which ends on
May 31, does not include an option for renewal, and Sid and Town do not
discuss whether Sid can stay on at the end of the term. On June 1, Sid has
a. an implied option to renew the term.
b. a right to remain contingent on notice from Town.
c. a right to remain subject to notice to Town.
d. no right to remain.
28. Kenneth has a periodic tenancy that requires him to pay rent weekly. Kenneth
wishes to terminate his tenancy. Under the common law, he must give his
landlord
a. at least one week’s notice.
b. at least two weeks’ notice.
c. at least thirty days’ notice.
d. at least sixty days’ notice.
29. Dora leases a house from Evan for a two-year term. To ensure the validity of
their lease, it should include
a. a description of the premises.
b. a due date for the payment of the property taxes.
c. a requirement that Dora perform structural repairs to the house.
d. a requirement that Evan carry liability insurance.
30. Property Management Corporation (PMC) owns several apartment buildings in
two states. Regarding standards for maintenance of the buildings, PMC should
consult
a. the applicable city ordinances and state statutes.
b. the previous owners.
c. the long-term tenants.
d. the Uniform Landlords’ Maintenance Manual.
31. 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
a. breach of the covenant of quiet enjoyment.
b. breach of the implied warranty of habitability.
c. discrimination.
d. failure to provide security against crimes in common areas.
32. Xavier owns a duplex that he leases to Yvon and Zack. Xavier may sell
a. the duplex at any time.
b. the duplex, but only after the lease expires and the tenants move out.
c. the duplex, but only with the tenants’ permission.
d. the lease, but not the duplex.
33. 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
a. an assignment.
b. an eviction.
c. a right of entry.
d. a sublease.
34. 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 consent.
Dee pays the rent for only four months. For the last two months of Dee’s six–
month term, Bren is
a. liable for the rent, because Dee defaulted.
b. liable for the rent, because the sublease lacked Cris’s consent.
c. not liable for the rent, because Bren does not own the apartment.
d. not liable for the rent, because Bren sublet the premises to Dee.
35. 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
a. an assignment.
b. an eviction.
c. a right of entry.
d. a sublease.
ESSAY QUESTIONS
1. Jai owns an orchard behind Key’s house and property. The only access to the
orchard is Key’s driveway, which Jai uses to get to her orchard. Jai sells the
orchard to Laurentz. Can Laurentz use the right-of–way across Key’s property?
2. Andy leases to Burgertown Franchise Corporation a 10,000 square-foot
building under a written lease with a twenty-year term, rent payable annually.
The lease includes a clause stating that Burgertown is responsible for making
all necessary repairs, including rebuilding the structure after its destruction by
any cause beyond Andy’s control. The lease does not include a clause
concerning its assignment. One day after the tenth rental payment,
Burgertown, without Andy’s knowledge or consent, assigns its interest in the
lease to Chicken Hut Restaurants, Inc. Meanwhile, Andy dies and Dotty inherits
Andy’s interest in the building. Without the knowledge or consent of either
Burgertown or Chicken Hut, Dotty sells the building to Earnest Investments,
Inc. The next month, the building is destroyed in the flood of a nearby river.
Burgertown rebuilds it and files a suit against Earnest for the expense. Earnest
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responds that the lease has terminated. Is Earnest correct? If so, when did the
lease terminate? If not, is Earnest liable for the cost of rebuilding the structure?
Why or why not?