CHAPTER 25 – PROPERTY
TRUE/FALSE
1. Landlord-tenant relationships are governed by a mixture of property law, contract law, and negligence
law.
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.“
3. 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.
4. 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.
5. Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.
6. 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.
7. Carlos conveys his property to Noah and Maxie. When Noah died, Maxie automatically became the
sole owner of the property. Noah and Maxie had a tenancy in common.
8. Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their
lifetime.
9. In many states today a landlord must use reasonable care to maintain safe premises and is liable for
foreseeable harm.
10. The Moore’s 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.
11. 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.
12. Ed wants to give Howard his old car, but Howard says he doesn’t want it. Howard later reconsiders
and tells Ed he does want the car. His previous repudiation means there is no gift, and Howard has no
rights in the car.
13. A bailment relationship can be created with respect to either real or personal property.
14. A bailment was created for the parties’ mutual benefit. This means that the bailee must use ordinary
care with the property.
15. The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made
during the donor’s lifetime and a gift causa mortis is a gift is made after the donor’s lifetime by the
donor’s estate.
MULTIPLE CHOICE
1. 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.
2. 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
b.
Profit
c.
License
d.
Prescription
3. 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.
4. Real property consists of:
a.
buildings.
b.
air rights.
c.
plant life.
d.
All of the above.
5. 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.
6. Which of the following is a possessory interest in land?
a.
Fee simple absolute.
b.
Easement.
c.
Profit.
d.
License.
7. Mark signs a periodic year-to-year lease at the River’s Edge Warehouse. 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’s 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. Periodic tenancies automatically renew unless either party
gives proper notice to the other that the tenancy will terminate upon the expiration of the
time period.
d.
None of the above.
8. 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 the above provide for rights of survivorship.
9. 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.
None of the above.
10. A tenancy with no fixed duration is a:
a.
tenancy from month to month.
b.
tenancy at will.
c.
periodic tenancy.
d.
tenancy for years.
11. 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.
12. 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 is harmed by the zoning ordinance.
d.
All of the above.
13. 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.
14. 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.
15. Percival is a tenant in a high rise apartment building. He has duties to his landlord, including:
a.
duty not to damage premises.
b.
duty to call a repairman when an appliance is broken.
c.
duty to regularly clean stray marks off walls.
d.
all of the above.
16. A bailee always has a right:
a.
to possession of the bailed property. Anyone who interferes with this right is liable to the
bailee. Even the bailor himself is liable for wrongful interference with the bailee’s
possession.
b.
to use the bailed property.
c.
to compensation.
d.
All of the answers are correct.
17. Personal property means all property other than:
a.
soil, plants, and trees removed from the land.
b.
minerals and crops removed from the land.
c.
land and all things permanently attached to the land.
d.
intangible property.
18. Beth owned a United States flag. She had previously loaned the flag to Ross, a lawyer, so that he could
display the flag on the wall behind his office desk. One day while visiting Ross in his office and
admiring the flag, Beth said to Ross, “You are so fond of that flag, I would like you to have it!” Ross
responded with a gracious “thank you.” In this situation:
a.
Beth has not made a valid, binding gift of the flag because gifts are never binding and can
always be revoked by the donor.
b.
Beth has not made a valid, binding gift of the flag because the donor must deliver the
property to the donee, which was not done here.
c.
Beth has made a valid, binding gift if Beth agreed to give the flag in exchange for Ross’s
legal services.
d.
Beth has made a valid, binding gift because she intended to transfer present ownership to
Ross and Ross accepted the flag.
19. Bruce tells his son, “You can have my 1990 truck, but if your grades fall, I’m taking it back.” Bruce:
a.
has made no gift.
b.
has made a “revocable gift,” which is effective as a gift as long as the stated condition is
met.
c.
intended to transfer ownership.
d.
has made a constructive gift.
20. Hanna intends to give her granddaughter, Melodee, her antique hat pin. This heirloom has been kept
under lock and key in the wall vault in the library of Hanna’s house in Virginia. The hat pin is
currently the only item in the vault. When Hanna is visiting Melodee in Connecticut, Hanna gives
Melodee the only key to the vault. Melodee is grateful for the present and excitedly accepts. In this
situation has there been a completed gift?
a.
No. There has been no physical delivery of the hat pin.
b.
Yes. There has been physical delivery of the hat pin.
c.
No. There has only been constructive delivery of the hat pin.
d.
Yes. There has been constructive delivery of the hat pin.
21. George gave his great-grandfather’s pocket watch to Nurse Nadene because he expected to die soon.
This is:
a.
a testamentary gift.
b.
an inter vivos gift.
c.
an executed gift.
d.
a gift causa mortis.
22. Which of the following occurs when a person uses labor and/or materials to add value to personal
property belonging to another?
a.
Accession.
b.
Bailment.
c.
An inter vivos gift.
d.
A mutual-benefit bailment.
23. Mitch takes his two best suits to Quality Cleaners and receives a ticket as a receipt. Quality tells Mitch
his suits will be cleaned and will be ready to be picked up on Monday. Another customer overhears the
exchange and early on Monday goes to Quality, convinces the worker he is Mitch but that he has lost
his receipt. He identifies and retrieves the suits, which happen to fit him perfectly, too. Quality
Cleaners:
a.
is strictly liable to Mitch for the suits.
b.
is liable to Mitch only if Mitch can prove Quality was grossly negligent.
c.
has no liability unless Mitch proves Quality did not use ordinary care.
d.
will avoid liability if the receipt contained an exculpatory clause excluding gross
negligence.
24. Which of the following is true about injuries that occur on leased property?
a.
The tenant is liable for an injury to an invited guest, no matter where on the property the
injury occurs.
b.
The landlord is liable for injury only to the tenants.
c.
The landlord is liable for injuries to tenants and guests that occur in common areas.
d.
The tenant is liable for injuries in common areas if he has noticed a dangerous condition,
but not notified the landlord.
25. In order to constitute a valid gift:
a.
the donor must intend to transfer ownership of property immediately.
b.
the donee must accept the gift.
c.
the donor must deliver the gift property to the donee.
d.
All of the above are necessary for a valid gift.
ESSAY
1. Discuss the tenant’s and the landlord’s basic duties under a landlord-tenant relationship.
2. 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?
ANS:
3. 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 which 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.
4. 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.
5. Discuss a bailor’s liability for damage to the bailed property.