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1. Landlord-tenant relationships are governed by a mixture of property law, contract law, and negligence law.
a.
True
b.
False
2. 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."
a.
True
b.
False
3. In a condemnation, a court order specifies what compensation is just for the property owner and awards title to the
government.
a.
True
b.
False
4. 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.
a.
True
b.
False
5. 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.
a.
True
b.
False
6. Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.
a.
True
b.
False
7. 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.
a.
True
b.
False
8. Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the
property.
a.
True
b.
False
9. Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate and Maxie has a remainder.
a.
True
b.
False
10. 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.
a.
True
b.
False
11. Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.
a.
True
b.
False
12. In many states today a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.
a.
True
b.
False
13. The Moores' 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.
a.
True
b.
False
14. A covenant allows a landlord to evict a tenant if there is a violation of the lease.
a.
True
b.
False
15. 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 allows use of the land.
a.
True
b.
False
16. 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.
17. 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.
Easement appurtenant
b.
Easement by implication
c.
Reserved easement
d.
Easement by prescription
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.
19. 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.
20. Which of the following is a possessory interest in land?
a.
Fee simple absolute
b.
Easement
c.
Profit
d.
License
21. Mark signs a periodic tenancy lease at the River's Edge Warehouse for one year. 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 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.
d.
must move out when the landlord finds another tenant.
22. 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 these provide for rights of survivorship.
23. 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.
24. 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.
T.J. will be required to sell his share in the property to Ted.
25. 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.
26. A tenancy with no fixed duration is a
a.
month to month tenancy.
b.
tenancy at will.
c.
periodic tenancy.
d.
tenancy for years.
27. 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.
28. 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.
29. 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.
30. 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 or he is harmed by the zoning ordinance.
d.
All of the above.
31. 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 do not allow Jeff and Liz to maintain separate ownership of assets they each
bring to the marriage or inherit.
c.
Community property can be sold by Jeff or Liz without consent by the other.
d.
Jeff owns one-fourth of the property and Liz owns three-fourths.
32. 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.
33. 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.
34. Ali and Latosha bought a house through a mortgage they secured from their local bank. When they failed to make
their mortgage payments, the bank used ________ to foreclose on the property and sell it.
a.
a lien
b.
adverse possession
c.
easement by prescription
d.
reversion
35. Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In
the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under
common law, is the landlord liable?
a.
The landlord is liable because there was an understanding that the premises would be kept in a safe condition.
b.
The landlord is not liable because he informed the tenant of the safety issue.
c.
The landlord is liable because he did not complete the repair in a timely manner.
d.
The landlord is not liable because there was no expectation of safety.
36. Paul and Diana are married and own a home. Both of their names are on the mortgage. This is an example of
a.
a tenancy in kind.
b.
a tenancy at will.
c.
a concurrent estate.
d.
a shared estate.
37. If a customer trips and falls over a rip in the carpet in a retail store, who is liable under common law rules?
a.
The customer is liable because he didn't watch where he was going.
b.
The landlord alone is liable for not maintaining the property.
c.
The tenant alone is liable for not informing the landlord of the defective carpet and getting it repaired.
d.
The landlord and the tenant are probably both liable.
38. Pamela owns a small bakery that specializes in gluten-free products. She installed commercial ovens and refrigerators
in the kitchen. The ovens and refrigerators are ________, and therefore can be removed if Pamela moves her bakery to a
new location.
a.
trade fixtures
b.
convertable fixtures
c.
nonfixed appliances
d.
personal property
39. Christy's new office lease states that rent will increase by 2% per year to cover tax increases. This is known as
a.
a tax mitigation.
b.
an escalator clause.
c.
a fee escalation.
d.
a tax abatement.
40. When farmer Joe sold his land to an oil company, he wanted to keep the right to use the lake on the land for fishing.
What would give him the right to do this?
a.
a grant
b.
an easement by implication
c.
an easement by prescription
d.
a reservation
41. Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.
42. 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?
43. 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 that 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.
44. Lauren and Hayden own residential houses side by side. Between the houses is one driveway that 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?
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.
