Chapter 30 - Real Property and Landlord and Tenant Law
divorce decree did not indicate an intent to destroy the joint tenancy with right to
survivorship. Porter v. Porter, 472 So.2d 630 (Ala. 1985).
3. Two spouses gave a third person an option to buy property they held in tenancy by the
entirety. However, one of the spouses died before the option was exercised. The court
ruled that because the offer to sell was made by the tenants by the entirety together
and not as individuals, the offer lapsed on the death of one. Beall v. Beall, 434 A.2d
1015 (Md. 1981).
4. Ono purchased land from Coos County under a land sale contract. The contract
required the county to deliver a “good and sufficient quitclaim deed.” When Ono
discovered a mortgage was recorded against the property, Ono sued the county to
recover the amount of the mortgage lien. The court dismissed the suit, stating that the
contract simply required that the deed be in a form adequate to convey whatever title
the county held, without a guarantee of marketable title. Ono v. Coos County, 792
P.2d 476 (Or. Ct. App. 1990).
5. Some college students who had rented an apartment began having trouble paying the
rent after one of the students moved out. The landlord finally evicted them and also
sued them for not only unpaid past rents but also future rents, according to the terms
of the lease. The students had several arguments including that the lease was
unconscionable because the terms so strongly favored the landlord. The court ruled in
the landlord’s favor on the unconscionability issue, however, noting that the students
had read and signed the lease and could have understood its terms. Nyen v. Park
Doral Apartments, 535 N.E.2d 178. (Ind. Ct. App. 1989).
6. In a case of historical interest, a landlord tried to evict an unmarried female tenant on
the grounds that she was using the premises to engage in sexual activity with a male
friend. The court refused to evict, noting that the tenant was not acting illegally, since
this was not a commercial activity and she was not, therefore, participating in
prostitution. Edward v. Roe, 327 N.Y.S.2d 307 (N.Y. Civ. Ct. 1971).
VIII. Teaching Tips and Additional Resources
1. The National Park Service, at http://www.nps.gov/abli/planyourvisit/oaktree.htm,
discusses an oak tree that served as a boundary marker for a farm purchased by
Abraham Lincoln’s father.
2. Potential problems involved with the sale of mineral rights are discussed at
3. The U.S. Environmental Protection Agency provides information regarding the
Superfund and cleaning up the nation’s most contaminated land at
4. National Public Radio has an article titled “The Trouble With Health Problems Near
Gas Fracking” available at
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