Chapter 50
Real Property and
Landlord-Tenant Relationships
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
A1. The owner of real property has relatively exclusive rights to the airspace above the
land.
A2. The owner of a fee simple absolute has the right to use property for whatever
purpose he or she sees fit.
A3. Plant life is not considered to be real property.
A4. Only two persons can hold property as tenants in common.
616 TEST BANK A—UNIT TEN: PROPERTY AND ITS PROTECTION
A5. A tenancy by the entirety is created by a conveyance of all of a parcel of real property
to a single tenant.
A6. If property is owned as community property, a spouse owns an undivided one-half
interest in it.
A7. A fixed-term tenancy is created when a lease does not specify its duration.
A8. A profit is the right to make limited use of another person’s real property without
taking anything from the property.
A9. The sale of real estate involves a transfer of ownership with no specific warranties—if
there are warranties, the transfer is not a sale.
A10. In most states, the seller of a new house warrants that it is fit for habitation even if
the deed does not include such a warranty.
A11. Metes and bounds is the traditional term for the negotiations that result in a transfer
of real property.
A12. A quitclaim deed conveys to the grantee whatever interest the grantor had.
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A13. A recording statute allows deeds to be recorded in the public record.
A14. Eminent domain is the right of an owner in fee simple absolute to use property to
whomever he or she wishes.
A15. Inverse condemnation occurs when an owner simply gives private property to the
government without accepting any compensation.
A16. Zoning laws manage the development and use of land.
A17. Zoning restrictions are absolute.
A18. Constructive eviction occurs when a tenant moves off the premises in retaliation
against the landlord.
A19. A tenant can withhold rent for any reason.
618 TEST BANK A—UNIT TEN: PROPERTY AND ITS PROTECTION
A20. Usually, a lease terminates when its terms ends.
MULTIPLE CHOICE QUESTIONS
A1. Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other
structures permanently attached. Kailin grows soybeans on the property. A pond lies
within the boundaries. Land includes
a. the pond, the soil, and the structures.
b. the pond and the soil only.
c. the soil only.
d. the structures and the soil only.
A2. Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as
windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the
contract does not specify otherwise, the sale includes
a. neither the crops nor the trees.
b. the crops and the trees.
c. the crops only.
d. the trees only.
CHAPTER 50: REAL PROPERTY & LANDLORD-TENANT RELATIONSHIPS 619
Fact Pattern 50-1A (Questions A3–A4 apply)
Nikita 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.
A3. Refer to Fact Pattern 50-1A. Nikita’s ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
A4. Refer to Fact Pattern 50-1A. Nikita conveys some of her land to Reggie with the right
to possess and use the property for a certain period of time. Nikita has given Reggie
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
A5. Klondike and Leola own 10,000 shares of stock in My-T Gro Corporation. On the death of
ether owner, that owner’s interest in the stock passes to the surviving owner. This is
a. a joint tenancy.
b. a life estate.
c. a tenancy in common.
d. ownership in fee simple absolute.
620 TEST BANK A—UNIT TEN: PROPERTY AND ITS PROTECTION
A6. Buster conveys one square block in Center City “to Diana for life, then to Center City.”
For Diana, this creates
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
A7. Quito and Raul own a condo near San Francisco Bay as joint tenants. Raul sells his
ownership rights in the condo to Timor. Quito and Timor own the condo as
a. community property owners.
b. joint tenants.
c. tenants at sufferance.
d. tenants in common.
A8. 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 by the entirety.
d. a fixed-term tenancy.
CHAPTER 50: REAL PROPERTY & LANDLORD-TENANT RELATIONSHIPS 621
A9. Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the
property, may create a fixed-term tenancy by
a. deed.
b. express contract.
c. implication.
d. sufferance.
A10. Uberto and Vicki are married and own a mountain cabin in Wyoming in such a way
that neither may transfer separately his or her interest during his or her lifetime.
Uberto and Vicki own the lodge as
a. community property owners.
b. tenants at sufferance.
c. tenants by the entirety.
d. tenants in common.
A11. 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 limited amount of
water per day from the reservoir. This right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
622 TEST BANK A—UNIT TEN: PROPERTY AND ITS PROTECTION
A12. 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.
A13. 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.
A14. 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.
A15. Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight.
Gina’s right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
CHAPTER 50: REAL PROPERTY & LANDLORD-TENANT RELATIONSHIPS 623
A16. 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.
A17. 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.
A18. 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.
624 TEST BANK A—UNIT TEN: PROPERTY AND ITS PROTECTION
A19. Xavier owns a duplex that he leases to Yves and Zeb. 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.
A20. 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.
ESSAY QUESTIONS
A1. Chrissy and Devon are not married to each other, but they share the ownership of Elm
Street Offices, a commercial building. When they acquired the building, they agreed in
writing that if one dies, the other inherits his or her interest. Are Chrissy and Devon
concurrent owners? If so, in what type of concurrent ownership are their rights held?
If not, how is their ownership classified? Fagin leases an office in the Elm Street
building for a one-year term. If Fagin moves out before the end of the term of the
lease, what happens to the leased property?
CHAPTER 50: REAL PROPERTY & LANDLORD-TENANT RELATIONSHIPS 625
A2. 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 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?