Shared Flashcard Set

Details

CB&OCL
CH 38
158
Business
Undergraduate 4
04/11/2013

Additional Business Flashcards

 


 

Cards

Term
Property is usually classified as either real or personal property.
Definition
TRUE
Term

Real property is immovable or attached to immovable land or buildings, whereas personal property is movable.

Definition

TRUE

Term

Fixtures are the most common form of real property.

Definition
FALSE
Term
Houses, apartment buildings, manufacturing plants, and office buildings constructed on land are real property.
Definition
TRUE
Term
The surface rights and the sub-surface rights for the same parcel of real property can be owned by two different persons.
Definition
TRUE
Term
Plant life growing on land is considered real property, whether natural or cultivated.
Definition
TRUE
Term
Personal property can be transformed into real property, and real property can be transformed into personal property.
Definition
TRUE
Term
Property owners have no ownership interest in the air space above their property.
Definition
FALSE
Term

Plant life that is severed from the land is considered real property.

Definition
FALSE
Term

A person's ownership right in real property is called intellectual property.

Definition

FALSE

Term
An estate is defined as the bundle of legal rights that the owner has to possess, use, and enjoy the property.
Definition
TRUE
Term

The type of estate that an owner possesses is determined from the deed, will, lease, or other document that transferred the ownership rights to him or her.

Definition
TRUE
Term

A freehold estate is an estate in which the owner has a future possessory interest in the real property.

Definition
FALSE
Term
There are three (3) types of freehold estates: fee simple conditional, fee simple unconditional, and life estate.
Definition
FALSE
Term
The highest form of land ownership is "fee simple defeasible."
Definition
FALSE
Term
A life estate gives the owner more rights than a fee simple.
Definition
FALSE
Term
A fee simple owner has the right to exclusively possess and use his property to the extent that the owner has not transferred any interest in the property.
Definition
TRUE
Term
If a person owns real property in fee simple, his or her ownership is finite in duration.
Definition
FALSE
Term

If a person owns real property in fee simple, his or her ownership has no limitation on inheritability.

Definition
TRUE
Term
If a person owns real property in fee simple, his or her ownership does not end upon the occurrence of any event.
Definition
TRUE
Term
A fee simple defeasible is also known as an unqualified fee.
Definition
FALSE
Term
Because a life estate lasts only as long as someone's life, it cannot be sold to another.
Definition
FALSE
Term
A life estate may be measured by the life of a third party.
Definition
TRUE
Term
A life estate measured by the life of a third party is called an estate pour autre mort.
Definition
FALSE
Term

The most distinguishing feature of a joint tenancy is the co-owners' right of survivorship.

Definition
TRUE
Term
The joint tenancy right of survivorship means that upon the death of one of the co-owners, the deceased person's interest in the property automatically passes to the surviving joint tenant or joint tenants.
Definition
TRUE
Term
In a tenancy in common, the interests of a surviving tenant in common pass to the deceased tenant's estate and not to the co-tenants.
Definition
TRUE
Term
Unless otherwise agreed, a tenant in common can sell, give, devise, or otherwise transfer his or her interest in the property without the consent of the other co-owners.
Definition
TRUE
Term
Tenancy by the entirety is a form of co-ownership of real property that can be used only by married couples.
Definition
TRUE
Term
In a tenancy by the entirety, the surviving spouse has the right of survivorship.
Definition
TRUE
Term

Tenancy by the entirety is indistinguishable from joint tenancy in that neither spouse may sell or transfer his or her interest in the property without the other spouse's consent.

Definition
FALSE
Term
Forty-six (46) states recognize tenancy by the entirety.
Definition
FALSE
Term

A joint tenancy requires that the property owners be related.

Definition
FALSE
Term
Twenty-six (26) states recognized a form of co-ownership known as community property.
Definition
FALSE
Term
The community property method of co-ownership applies only to married couples.
Definition
TRUE
Term
The community property method of co-ownership is based on the notion that a husband and wife should share equally in the "fruits" of the marital partnership.
Definition
TRUE
Term

Gifts received during a marriage are not considered part of community property.

Definition
TRUE
Term
Under community property laws, each spouse owns an equal one-half share of the income both spouses earned during the marriage and one-half of the assets acquired by this income during the marriage, regardless of who earns the income.
Definition
TRUE
Term

If a married couple who lives in a non-community property state purchases real property located in a community property state, community property laws apply to that property.

Definition
TRUE
Term
Purchasers of a condominium own the common areas as tenants in common with the other owners.
Definition
TRUE
Term
A cooperative is a form of co-ownership of a single-dwelling building.
Definition
FALSE
Term
The two (2) forms of future interests are conversion and joinder.
Definition
FALSE
Term
A reversion is the right of possession that returns to the grantor after the expiration of a limited or contingent estate.
Definition
TRUE
Term

Reversionary interests must be expressly stated.

Definition
FALSE
Term

If the right of possession returns to a third party upon the expiration of a limited or contingent estate, it is called a reversion.

Definition
FALSE
Term

The person who is entitled to the future interest in a reversion is called a remainder beneficiary.

Definition
FALSE
Term
If a reversion follows a life estate, upon the termination of the life estate, the property will transfer to someone other than the party who granted the life estate.
Definition
FALSE
Term

A deed is an instrument used to transfer ownership of real property, but does not prove that the holder currently owns the property.

Definition
TRUE
Term
A quitclaim deed contains the greatest number of warranties and provides the most protection to a grantee.
Definition
FALSE
Term
Recording of a deed gives constructive notice to the world of the owner's interest in the property.
Definition
TRUE
Term
A person who is concerned about his or her ownership rights in a parcel of real property can bring a quiet title action, which is a lawsuit to have a court determine the extent of those rights.
Definition
TRUE
Term
A certification of title is a chronological history of the chain of title and encumbrances affecting the property.
Definition
FALSE
Term
The Torro system is a method of determining title to real property in a judicial proceeding at which everyone claiming an interest in the property can appear and be heard.
Definition
FALSE
Term

In most states, a valid real estate sales contract may be in writing, or it may be based on oral statements at the option of the buyer and the seller.

Definition
FALSE
Term

One does not become the owner of property until the deed is recorded.

Definition
FALSE
Term
A warranty deed will protect a grantee regarding a mortgage from one hundred years ago.
Definition
TRUE
Term
Once title insurance is purchased, it is good for all subsequent sales of the land covered, and does not need to be repurchased.
Definition
FALSE
Term
In most states, a person who wrongfully possesses someone else's property obtains title to that property if certain statutory requirements are met. This is called adverse possession.
Definition
TRUE
Term
If you rent property for an uninterrupted statutory period of time, you become the owner of the property by adverse possession.
Definition
FALSE
Term
An easement appurtenant is created when the owner of one piece of land is given an easement over a non-adjacent piece of land.
Definition
FALSE
Term
In an easement appurtenant, the land over which the easement is granted is called the dominant estate, and the land that benefits from the easement is called the servient estate.
Definition
FALSE
Term

An "easement in gross" occurs where the servient and dominant estates are adjacent.

Definition
FALSE
Term
The right to go on someone else's land and remove minerals, soil or water is called a license.
Definition
FALSE
Term
An "easement by implication" is an easement acquired by adverse possession.
Definition
FALSE
Term
Easements by prescription pertain only to land around hospitals.
Definition
FALSE
Term

An owner of land-locked property may never obtain an easement by necessity over adjoining land in order to reach a public road, because the owner should have been aware of the problem when the land was purchased.

Definition
FALSE
Term
The electric and cable companies have an easement in gross allowing them to enter property to install and repair their equipment.
Definition
TRUE
Term

In real property law, one characteristic of a license is that it can be revoked at any time by the grantor of the license.

Definition
TRUE
Term

An "easement by grant" automatically occurs when land-locked property is sold.

Definition
FALSE
Term
A profit-a-prendre gives the holder the right to remove something (for example, gravel, minerals, grain, or timber) from another's real property.
Definition
TRUE
Term

A lease for a fixed term of three months is a "tenancy for years."

Definition
TRUE
Term

The New Horizons apartment complex has just hired a new maintenance man who has a history of violent crimes and theft. New Horizons did not conduct a background check on him, because the apartment complex was desperate to find someone quickly. If this maintenance man were to assault a tenant without justifiable cause, New Horizons is not liable, because it does not owe a duty of care to tenants regarding the intentional acts of its employees.

Definition
FALSE
Term

If a "month-to-month" periodic tenancy exists, under common law either party must give a one-month notice to terminate the tenancy.

Definition
TRUE
Term
A "tenant at sufferance" is not obligated to pay rent, because he or she is not subject to a lease, and therefore has no contractual obligations.
Definition
FALSE
Term

A "tenancy at will" may not be created by implication.

Definition
FALSE
Term
A tenant who has been constructively evicted can sue for damages, but cannot treat the lease as terminated.
Definition
FALSE
Term

Joe and Mary are renting an apartment, and have six children. After three years they move, and the landlord discovers that the rugs are worn out and that there are random scuff marks on many walls, although there are no holes in the walls. The landlord can replace the rugs and have the apartment painted and then force Joe and Mary to pay for the repairs, due to a violation of their duty not to commit waste.

Definition
FALSE
Term

If a tenant stops paying rent, the landlord may claim a constructive eviction and have the tenant removed from the premises.

Definition
FALSE
Term
In a "double net" lease, the tenant is responsible for paying rent, but not property taxes.
Definition
FALSE
Term
A landlord does not have a right to limit the legal uses to which a tenant puts the property.
Definition
FALSE
Term
If Tom, a tenant, assigns his or her lease to Dick, Tom remains liable to pay rent if Dick fails to pay.
Definition
TRUE
Term
The implied warranty of habitability requires that leased premises be fit, safe, and suitable for ordinary residential use.
Definition
TRUE
Term

A landlord may sell leased property to a new owner, but the new owner takes the property subject to the existing lease.

Definition
TRUE
Term
A "tenancy for years" will automatically renew if no notice is given by the lessor or the lessee of intent to terminate the lease.
Definition
FALSE
Term

The "covenant of quiet enjoyment" places responsibility on a landlord for disturbances to the tenant resulting from actions in the vicinity of the leased premises.

Definition
FALSE
Term
If a tenant transfers all of his or her interests under a lease, it is a sublease.
Definition
FALSE
Term

An owner who wishes to use property differently from that permitted under a zoning ordinance generally has no avenue by which to seek review.

Definition
FALSE
Term
When a nonconforming use began before the enactment of a zoning ordinance, the now-illegal use must cease, because zoning ordinances are permitted to be applied retroactively, based on the purpose of furthering public policy goals.
Definition
FALSE
Term

Once a zoning ordinance is properly passed, it cannot be challenged or overturned.

Definition
FALSE
Term

The provisions of the Fair Housing Act do not apply to the rental of apartments in a building of four or fewer units, when the owner lives in one of the units.

Definition
TRUE
Term
The Americans with Disabilities Act does not generally apply to residential housing facilities.
Definition
TRUE
Term
The Americans with Disabilities Act requires that new construction be built in such a manner as to be readily accessible to and usable by disabled individuals.
Definition
TRUE
Term
The Americans with Disabilities Act does not apply to alterations of existing buildings.
Definition
FALSE
Term
The government must pay the property owner when it exercises its right of eminent domain.
Definition
TRUE
Term
The rights and powers of the government related to eminent domain are governed by, and based exclusively on, statutory law.
Definition
FALSE
Term

Which of the following standards is generally used in determining whether personal property has become a fixture?

A) whether the personal property has been attached to the real property

B) whether the personal property is used in the same manner as the real property

C) whether the personal property can be removed without damaging the real property

D) whether the item was attached before or after the party acquired the real property

E) whether the personal property adds to the value of the real property

Definition

C) whether the personal property can be removed without damaging the real property

Term

A freehold estate is an estate in which the owner has a ________ interest in the real property.

A) conditional

B) qualified

C) fractional

D) present possessory

E) future possessory

Definition

D) present possessory

Term

Which form of real property ownership includes the greatest degree of ownership?

A) fee simple limitless

B) fee simple defeasible

C) fee simple absolute

D) absolute life estate

E) rest and remainder

Definition

C) fee simple absolute

Term

A fee simple defeasible is also known as a(n) ________ fee.

A) unconditional

B) quantum

C) fractional

D) qualified

E) usury

Definition

D) qualified

Term

A grantor transfers real property to the city for "as long as the property is used as a park." What kind of interest does the city have?

A) fee simple absolute

B) fee simple defeasible

C) life estate

D) reversion

E) remainder

Definition

B) fee simple defeasible

Term

A life estate for the life of another is a life estate:

A) appurtenant.

B) by the entirety.

C) with a license.

D) pour autre vie.

E) a-prendre.

Definition

D) pour autre vie.

Term

Ownership of real property in fee simple defeasible means that:

A) the ownership is for only a limited period of time.

B) the ownership is absolute, except that ownership may be lost upon the occurrence or non-occurrence of some specified event.

C) the property remains titled to the grantor.

D) some type of joint ownership exists.

E) the property was acquired through a donation.

Definition

B) the ownership is absolute, except that ownership may be lost upon the occurrence or non-occurrence of some specified event.

Term

Which of the following can the holder of a life estate not do with her life estate?

A) sell it

B) give it away

C) leave it to someone in her will

D) mortgage it

E) lease it to another

Definition

C) leave it to someone in her will

Term

Which types of property interests can be sold?

A) fee simple absolute

B) fee simple absolute and fee simple defeasible

C) fee simple defeasible and life estate

D) fee simple absolute and life estate

E) fee simple absolute, fee simple defeasible, and life estate

Definition

E) fee simple absolute, fee simple defeasible, and life estate

Term

Which of the following provides that all assets acquired during a marriage, other than gifts and inheritances, belong equally to the two spouses?

A) community property laws

B) joint tenancy

C) tenancy by the entirety

D) marital partnership laws

E) spousal equality laws

Definition

A) community property laws

Term

What was the result in Cunningham v. Hastings, where two unmarried people purchased a home as joint tenants, one party made the down payment, and there was a dispute regarding whether that party was entitled to a larger portion of the proceeds when the house was sold, in order to compensate for the down payment?

A) Because the parties were unmarried, the party who made the down payment received a larger portion of the proceeds from the sale, to account for the down payment.

B) Regardless of whether the parties were married, the party who made the down payment received a larger portion of the proceeds from the sale, to account for the down payment.

C) Because the parties were unmarried they could not own the property as joint tenants, and under principles of equity, the party who made the down payment received a larger portion of the proceeds from the sale to account for the down payment.

D) Because the parties were unmarried, they owned the property as tenants by the entirety, and the party who made the down payment was denied a larger share of the sale proceeds to account for the down payment.

E) Because the parties owned the property as joint tenants, the party who made the down payment was denied a larger share of the sale proceeds, to account for the down payment.

Definition

E) Because the parties owned the property as joint tenants, the party who made the down payment was denied a larger share of the sale proceeds, to account for the down payment.

Term

Co-ownership of a multiple-dwelling building where a corporation owns the building and the residents own shares in the corporation is called:

A) a condominium.

B) a cooperatives.

C) a tenancy by corporation.

D) either a condominium or a cooperative.

E) a multiple tenancy

Definition

A) a condominium.

Term

Which of the following requires that the owners be married?

A) a tenancy in common

B) a joint tenancy

C) a life estate pour autre vie

D) a tenancy by the entirety

E) a profit-a-prendre

Definition

D) a tenancy by the entirety

Term

What is the distinguishing feature of joint tenancy?

A) the right of survivorship

B) the right to pass the interest by will

C) the right to have co-owners in the property

D) that only married couples can own property this way

E) that the interests of both parties terminate upon the death of one of the parties

Definition

A) the right of survivorship

Term

Which of the following is true regarding co-ownership of real property?

A) Joint tenancy and tenancy in common are two terms to describe the same legal arrangement.

B) To create a joint tenancy, words that clearly show a person's intent to create a joint tenancy must be used.

C) Two owners who are married to each other cannot own the property as tenants in common.

D) Tenancy by the entirety is often viewed as a special type of tenancy in common for married persons.

E) When one joint tenant sells her interest to another party, the new party will also be a joint tenant.

Definition

B) To create a joint tenancy, words that clearly show a person's intent to create a joint tenancy must be used.

Term

Which of the following is true about the situation where a party conveys a life estate, but does not convey any other interest?

A) Upon the death of the holder of the life estate, the property will go to the heirs of the holder of the life estate.

B) The grantor has created a remainder, even though the identity of the holder of the remainder is not yet known.

C) The grantor holds a fee simple defeasible.

D) Upon the death of the holder of the life estate, the property reverts to the grantor, the grantor's estate, or other designated person.

E) The conveyance is invalid because it is incomplete.

Definition

D) Upon the death of the holder of the life estate, the property reverts to the grantor, the grantor's estate, or other designated person.

Term

Which of the following is false regarding a "reversion" and a "remainder?"

A) A reversion is a right of possession that returns to the grantor after expiration of a limited or contingent estate.

B) A reversion arises automatically by law.

C) If a right of possession returns to a third party upon the expiration of a limited or contingent estate, it is called a remainder.

D) Both a reversion and a remainder are a form of future interest.

E) A reversion may apply to real property, while a remainder may not.

Definition

E) A reversion may apply to real property, while a remainder may not.

Term

A transfer of real property is also known as a:

A) commitment.

B) quitclaim.

C) conveyance.

D) recording.

E) closing record.

Definition

C) conveyance.

Term

A deed is used to:

A) provide proof of the current ownership of real property.

B) prove that real estate is worth the price that was paid.

C) prove that the property taxes have been paid on a piece of real property.

D) convey real property by sale or gift.

E) insure real property.

Definition

D) convey real property by sale or gift.

Term

A party who is concerned about his or her ownership rights in a parcel of real property can bring:

A) a real title action.

B) a warranty title action.

C) a quiet title action.

D) a notice title action.

E) a fee simple title action.

Definition

C) a quiet title action.

Term

Which of the following is not a requirement in order to obtain property by adverse possession?

A) Possession must be open, visible and notorious.

B) Possession must be with the original owner's actual knowledge that the possessor intends to eventually acquire the property through adverse possession.

C) Possession must be actual and exclusive.

D) Possession must be continuous and peaceful.

E) Possession must be hostile and adverse.

Definition

B) Possession must be with the original owner's actual knowledge that the possessor intends to eventually acquire the property through adverse possession.

Term

The land over which an easement is granted is called the ________ estate.

A) subliminal

B) subsequent

C) subservient

D) servient

E) servant

Definition

D) servient

Term

The land that benefits from an easement is called the ________ estate.

A) dormant

B) dominant

C) deeded

D) divergent

E) deluged

Definition

B) dominant

Term

Which of the following is not a characteristic of an "easement appurtenant?"

A) An easement appurtenant is created when the owner of one piece of land is given an easement over an adjacent piece of land.

B) The land over which the easement is granted is called the servient estate.

C) An easement appurtenant authorizes a person who does not own adjacent land the right to use another person's land.

D) The land that benefits from the easement is called the dominant estate.

E) An easement appurtenant runs with the land.

Definition

C) An easement appurtenant authorizes a person who does not own adjacent land the right to use another person's land.

Term

An easement created when an owner sells land that he or she owns, but reserves an easement on the land, is called (a)n:

A) easement by reservation.

B) easement by grant.

C) easement by prescription.

D) easement by necessity.

E) easement by implication

Definition

A) easement by reservation.

Term

A relatively short-term grant of permission to be on the land of another that can be revoked freely at any time is a(n):

A) easement.

B) defeasance.

C) license.

D) abstract.

E) profit.

Definition

C) license.

Term

The right to go on someone else's property and remove something is called:

A) a license.

B) an easement by grant.

C) a profit.

D) an easement appurtenant.

E) eminent domain.

Definition

C) a profit.

Term

In real estate law, the distinguishing feature of a profit is that it represents the right:

A) to lease the property and keep the rent proceeds.

B) to remove something from the property of another.

C) to use the land of another.

D) of an owner to exclude others from the land.

E) to profit from renting the land to others.

Definition

B) to remove something from the property of another.

Term

An easement by prescription:

A) creates ownership of the land in question.

B) creates a permanent right of use in the land in question.

C) creates a temporary right of use in the land in question.

D) occurs when landlocked property is purchased.

E) creates a freehold estate.

Definition

B) creates a permanent right of use in the land in question.

Term

In a lease, the tenant receives a(n) ________ estate in the real property.

A) freehold

B) fee simple

C) conditional

D) unconditional

E) nonfreehold

Definition

E) nonfreehold

Term

A lease stating that rent is to be paid on the first of each month beginning on August 1, 2011, but not indicating when the lease ends, would be a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy at sufferance.

E) temporary lease.

Definition

B) periodic tenancy.

Term

A lease that runs from January 1, 2011 until August 31, 2011 and does not automatically renew would be a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy in sufferance.

E) tenancy per autre vie.

Definition

A) tenancy for years.

Term

How is a periodic tenancy terminated?

A) automatically, at the end of the lease term

B) through appropriate notice by the landlord at the end of any payment interval

C) through appropriate notice by the tenant at the end of any payment interval

D) through appropriate notice by either party at the end of any payment interval

E) by either party, with notice not being necessary

Definition

D) through appropriate notice by either party at the end of any payment interval

Term

Which of the following is not one of the four types of tenancies?

A) periodic tenancy

B) tenancy for years

C) tenancy at will

D) tenancy under lease

E) tenancy at sufferance

Definition

D) tenancy under lease

Term

Under which type(s) of tenancy is the tenant a trespasser?

A) tenancy at will

B) tenancy at sufferance

C) tenancy at will and periodic tenancy

D) tenancy at will and tenancy at sufferance

E) tenancy at will, tenancy at sufferance, and periodic tenancy

Definition

B) tenancy at sufferance

Term

The landlord's duty to allow the tenant to peacefully possess the premises is known as the:

A) duty against interference.

B) non-interruption doctrine.

C) tenant controls the household doctrine.

D) covenant of quiet enjoyment.

E) freehold interest.

Definition

D) covenant of quiet enjoyment.

Term

The courts of many states recognize that leased, residential premises must be fit, safe and suitable for ordinary residential use. This rule is called the:

A) warranty of quiet enjoyment.

B) warranty of suitability.

C) warranty of habitability.

D) warranty to maintain the premises.

E) warranty against private nuisance.

Definition

C) warranty of habitability.

Term

Which of the following is not generally a duty owed by the tenant to a landlord?

A) duty to pay rent

B) duty to not commit waste

C) duty to inform the landlord of any condition affecting the value of the leased premises

D) duty to not use the premises for illegal purposes

E) duty to not disturb other tenants

Definition

C) duty to inform the landlord of any condition affecting the value of the leased premises

Term

Which of the following is not a type of commercial lease?

A) gross lease

B) double gross lease

C) net lease

D) double net lease

E) triple net lease

Definition

A) gross lease

Term

If a tenant transfers only some of his rights under a lease to another party, it is called a(n):

A) assignment.

B) sublease.

C) restrictive covenant.

D) lease renewal.

E) illegal action.

Definition

B) sublease.

Term

If a tenant transfers all of his rights under a lease to another party, it is called a(n):

A) assignment.

B) sublease.

C) restrictive covenant.

D) lease renewal.

E) illegal action.

Definition

A) assignment.

Term

Which of the following is false regarding zoning laws?

A) They are used to establish use districts such as designating areas residential.

B) They are used to restrict the height and size of buildings on a building site.

C) Once established, no deviations from the zoning code are permitted.

D) They are usually formulated by a zoning commission.

E) Zoning laws act prospectively.

Definition

C) Once established, no deviations from the zoning code are permitted.

Term

Which of the following is true regarding the Americans with Disabilities Act requirements for landlords?

A) New construction must be made accessible to persons with disabilities.

B) New construction must obtain a certificate of accessibility from the Equal Employment Opportunity Commission.

C) Only the United States attorney general can enforce the Act against a landlord, since the Americans with Disabilities Act is federal law.

D) All existing buildings must be brought into full ADA compliance by 2020.

E) In order not to discourage renovations of older buildings, alterations to existing buildings do not need to comply with the Act.

Definition

A) New construction must be made accessible to persons with disabilities.

Term

Tom has entered into a contract to purchase a home from Fred. As the closing date approaches, Tom and Fred get into a dispute over whether or not the home theater system that Fred had installed two years earlier is included in the sale. The contract that Tom and Fred signed did not mention the home theater system. Which of the following is true?

A) The home theater system is not included in the sale, because the contract did not mention the home theater system in any way.

B) The home theater system is included in the sale, because it is within the walls of the house.

C) Whether the home theater system is included in the sale depends on whether it can be removed without causing significant damage to the house.

D) The home theater system is included in the sale, but only if the property is in compliance with all applicable zoning regulations.

E) The home theater system is not included in the sale, because it was personal property when Fred purchased it from the electronics store.

Definition

C) Whether the home theater system is included in the sale depends on whether it can be removed without causing significant damage to the house.

Term

Sean sells some real estate, conveying a deed "to Jimmy Johnson, so long as the property is used as a working cattle ranch, and if not so used, the land returns to the grantor." This land is held in:

A) fee simple absolute.

B) fee simple defeasible.

C) fee simple, subject to a remainder.

D) life estate.

E) fee simple per se.

Definition

B) fee simple defeasible.

Term

Sarah has given twenty-four acres of land to Kent County for as long as the land is used as a park. Kent County has a:

A) life estate.

B) fee simple defeasible.

C) fee simple absolute.

D) tenancy at will.

E) tenancy at sufferance.

Definition

B) fee simple defeasible.

Term

Bob owns a life estate in a ranch in Idaho. This means that:

A) he can live on the ranch as long as he lives, but if he moves off the ranch, he loses it.

B) he can live on the ranch as long as he lives, or he can sell this right to someone else.

C) Bob or his immediate family can live on the ranch, so long as at least one of them is still living.

D) Bob must live on the ranch for the rest of his life.

E) if Bob sells his life estate to Barbara, she will be able to live on the ranch for the remainder of her life.

Definition

B) he can live on the ranch as long as he lives, or he can sell this right to someone else.

Term

Billy decides to purchase some property in equal ownership with a co-worker. They plan to build a vacation home on it. Billy wants to make sure that if he dies, his wife and kids will get his share of the property. Billy and his friend should own the property as:

A) joint tenants.

B) tenants in common.

C) tenants by the entirety.

D) tenants by the survivorship.

E) tenants for life and death.

Definition

B) tenants in common.

Term

Jimmy and Kathy are married and own some vacant property as tenants by the entirety. Unfortunately, things are not going well in the marriage. Jimmy wants to sell his interest in the property for some extra cash. Which of the following is true?

A) Jimmy can sell his interest in the property, and the purchaser will be a tenant by the entirety with Kathy.

B) Jimmy can sell his interest in the property, and the purchaser will be a joint tenant with Kathy.

C) Jimmy can sell his interest in the property, and the purchaser will be a tenant in common with Kathy.

D) Jimmy cannot sell his interest in the property, unless taxes are overdue and the cash will be used to pay the taxes.

E) Jimmy cannot sell his interest in the property unless Kathy consents to the sale.

Definition

E) Jimmy cannot sell his interest in the property unless Kathy consents to the sale.

Term

Fred has received a deed that says," to Fred for life, and upon Fred's death, to the original grantor." What type of interest does the grantor have?

A) a life estate pour autre vie

B) a right of survivorship

C) a reversion

D) a remainder

E) a tenancy at sufferance

Definition

C) a reversion

Term

Jean's grandmother, "Moms," lives in an assisted-living facility, but she has not sold her home of many years. Jean is Moms' favorite granddaughter, especially since Jean visits Moms frequently, even though Jean lives several hundred miles away. As a favor to Moms when visiting her, Jean checks on Moms' vacant house. Jean decides to move to the town where Moms lived. Jean gets copies of the keys made, and moves into Moms' home without Moms' knowledge or permission. Jean treats the house as her own, even bringing her German Shepherd to live with her. The neighbors erroneously assume that Moms knows Jean is living there. Moms is very appreciative of what she thinks are Jean's long trips to visit her, not knowing that Jean is living in her house. Although Moms likes Jean very much, she absolutely would not want Jean living in her house. Jean lives in Moms' house for several years, and her goal is to acquire the house by adverse possession. In these circumstances:

A) Jean has earned the right to the home because of her care for Moms.

B) Jean cannot acquire the home through adverse possession from a relative.

C) Jean has acquired a life estate pour autre vie.

D) Jean can acquire the home by adverse possession if she continues to meet the adverse possession requirements for the required period of time.

E) the presence of Jean's vicious German Shepherd will prevent her from meeting the "peaceful" requirement of adverse possession.

Definition

D) Jean can acquire the home by adverse possession if she continues to meet the adverse possession requirements for the required period of time.

Term

Gloria owns a piece of real property. She sells one-half of this property to Sam, but reserves the right to cross over Sam's land to get to her remaining land. Gloria has created a(n):

A) easement in gross.

B) easement appurtenant.

C) easement a prendre.

D) license.

E) license appurtenant.

Definition

B) easement appurtenant.

Term

Jon has sold the rights to extract natural gas from beneath his property to the Reval Corporation. Reval has purchased (a)n:

A) easement.

B) license.

C) profit.

D) mortgage.

E) fee simple defeasible.

Definition

C) profit.

Term

Walt has a two-year lease with Martha. At the end of the two years, Walt stays in the leased premises, and continues to make rent payments. Martha consents to this arrangement. Following the original two-year term, this arrangement is best described as a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy at sufferance.

E) tenancy for months.

Definition

C) tenancy at will.

Term

Josh is thirty years old and lives with his parents. They tell him that they want him to move out on June 1. June 1 comes, but Josh refuses to leave. The parents are upset, but they nevertheless allow him to stay. Which of the following is the most accurate statement concerning Josh's living arrangements with his parents?

A) Josh's periodic tenancy has become a tenancy at will.

B) Josh's tenancy at sufferance has become a tenancy at will.

C) Josh's tenancy at will has become a tenancy at sufferance.

D) Josh's tenancy at will remains a tenancy at will.

E) Josh's tenancy at sufferance remains a tenancy at sufferance.

Definition

D) Josh's tenancy at will remains a tenancy at will.

Term
How specifically does real estate law define fixtures? Is a specific definition possible? What implications are there for parties to a contract for the sale and purchase of real property?
Definition
The law contains general guidelines, such as the test determining whether the item could be removed without causing damage to the real property. Because of the infinite variety of items that can be attached to real estate, a detailed listing of all items qualifying as fixtures would be impossible. When buying or selling real estate, a party should ensure that any item that could possibly be considered a fixture is specifically mentioned in the contract as either being included or not included in the sale.
Term
Should states impose an implied warranty of habitability on landlords? What are the benefits and drawbacks of automatically imposing this warranty on landlords? Is not the ability of a tenant to move to a different location sufficient incentive to encourage a landlord to keep the leased premises livable?
Definition

In many circumstances, other remedies are available for uninhabitable rental housing; thus the lack of an implied warranty of habitability would not make much difference. These other remedies include breach of the lease agreement (for example, where a landlord assumed a duty to repair) and violations of building and housing codes. Some argue that the parties should be able to lease any kind of premises they agree to, without government mandate of an implied warranty of habitability.

Term
When is it appropriate for a landowner to apply for and be granted a variance regarding zoning laws?
Definition

A variance will be granted if the landowner can prove that the existing zoning laws would cause an undue hardship by preventing the landowner from making a reasonable return on the land as it is zoned. Variances are difficult to obtain.

Term

Bob entered into a contract for the purchase of a home, and the contract contained a clause that said, "This sale does not include any personal property or fixtures." Bob noticed the provision when he signed the contract to purchase the house, but he was not concerned about the provision, because he had heard that fixtures were always included in a sale of real estate. When Bob moved in, he was surprised to find that the refrigerator, a bathroom vanity, and the hardwood floor from the living room had been removed. In addition, two trees had been removed from the back yard. Discuss Bob's legal rights.

Definition

Fixtures are generally included in sales of real property, but can be excluded by contract. The seller had the right to take the refrigerator and possibly the bathroom vanity as well, based on the argument that they constitute personal property; however, the living room floor and the trees are part of the real estate itself, and they should not have been taken.

Term
Mary's grandmother owns a farm with three other tenants in common. Mary's grandmother dies, leaving her interest in the will to Mary. The other tenants in common tell Marry she has no interest in the land because the four jointly owned the land, and the grandmother's interest passed to the other tenants upon her death. Discuss the legal principles involved, whether the other tenants are correct, and how title to the farm will be held.
Definition

A tenant in common may pass his or her interest through a will. As a result, the grandmother's interest passes to Mary. Mary owns the land as a tenant in common with the other three tenants.

Term
After having graduated from college, John returned to his hometown. Some friends of his parents had a carriage house above their garage that they sometimes rented. Upon John's return to his hometown, the carriage house was vacant, and the owner told John he could stay there until he found another place to live. The owner initially did not want John to pay anything, but John started paying $100 a week. John then sent a note at the beginning of August saying, "Here is $500 for the month of August. I know I hadn't planned to be here this long, but I hope this is acceptable." The owner cashed the check, but the topic was never discussed. John sent $500 at the beginning of September and October, but on October 15, the owner came to John with $100 and said, "Enough is enough. Here's some of the money you gave for October. You are lucky to get that back. You have an hour to get all your stuff out of here." John asserts that he paid for October, and that he is not leaving. He also said that he is entitled to at least a month's notice regarding termination of the lease. Discuss the type of tenancy created, if any, and the rights of the parties involved.
Definition

This arrangement began as a tenancy at will, which under common law principles can be terminated without any notice. John could argue to the court that the tenancy at will had converted to a month-to-month periodic tenancy, entitling him to one month's notice for termination of the lease. It is unclear how a court would rule. Even if the tenancy is "at will," John might be entitled to a refund of half the amount paid for October if the court finds an implied agreement for $500 as the amount of the rent. At whatever point the arrangement terminates, if John refuses to leave the premises, he will become a "tenant at sufferance" and will be subject to a wrongful detainer action.

Term
Mary signed a one-year lease for an apartment near the university she attends. Mary is upset because of several problems that have developed in her apartment. First, the plumbing in the bathroom often does not work, resulting in the bathroom being unusable several times a month for a one to two days. Because of warping and swelling, only one of the interior doors closes properly. The carpet is badly stained in many places, and the microwave oven is not functioning. Does Mary have a claim based on breach of the implied warranty of habitability?
Definition

The implied warranty of habitability applies in some, but not all, jurisdictions. Where applicable, it generally requires that the leased premises be fit, safe, and suitable for ordinary residential use. Here, the plumbing problems would be the only problem covered by the implied warranty of habitability. Whether Mary has a claim for any of the other problems would depend on the specific terms of the lease, and possibly the condition of the apartment when she inspected it before she signed the lease.

Term

Jessica owns a piece of land on the outskirts of Happy City. The residence on the land was built by her great-great grandfather; since its construction, her great- grandmother, grandfather and mother were born in the house, as were Jessica and her daughter. Jessica is sixty-nine years old, retired and in good health. The mayor of Happy City has just visited her, informing her that the city needs her land for a highway project. Happy City has experienced enormous economic and population growth, and needs the highway to maintain its continued prosperity. Jessica is extremely unhappy, and refuses to sell. Is there anything that Jessica can do? What will the final outcome likely be?

Definition

The city is exercising its right of eminent domain. Jessica can try to stop the taking of her property, but she will have to show that either the city's plan is not truly for a public purpose, that it is not necessary, or that a reasonable alternative exists. Unfortunately for Jessica, a highway certainly serves the public. If in fact the city needs the highway for the benefit of its economic growth, it is demonstrated to be necessary. Her best hope is to prove that an alternative route is feasible. Her age will not be a consideration in the process, nor will her family history. If Jessica cannot prevent the city's exercise of eminent domain and the taking of her property, she is entitled to compensation for the fair market value of the property taken. The calculation of fair market value will not include sentimental value, nor will it include a premium to account for her advanced age.

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