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Exam 46: Real Property and Landlord Tenant Law

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Question 31

True/False

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Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

A) True
B) False

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Question 32

Multiple Choice

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Jade owns a loft that she leases to Keyes and Luc. If Jade sells the loft, Keyes and Luc

A) become the tenants of the new owner.
B) remain Jade's tenants until the end of the lease term.
C) must immediately vacate the premises.
D) become the landlord.

E) B) and D)
F) A) and D)

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Question 33

Multiple Choice

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Town House Apartments fails to provide the utilities to its tenants' apartments, making their use and enjoyment of the premises exceedingly difficult. This is most likely

Logging Corporation has a right to go onto Mountain Timber Company's land and harvest select trees. Logging's right is

Bebe wants to lease a duplex for two years from Country Living Inc. In most states, the lease agreement

When one tenant in common dies, that party's interest in the property automatically passes to the surviving owners.

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

To obtain the title to land without delivery of a deed, one person must possess the property of another

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

If a lease requires the landlord's consent to an assignment, the landlord can nullify an assignment made without consent and evict the assignee.

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult

As long as zoning ordinances are rationally related to the health, safety, or welfare of the community, a municipal government has broad discretion to carry out zoning as it sees fit.

To acquire property by adverse possession, the possession must be secret or clandestine.

Larissa leases to Metal Fabrication 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 Metal Fabrication is responsible for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Larissa's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Metal Fabrication, without Larissa's knowledge or consent, assigns its interest in the lease to National Steel, Inc. Meanwhile, Larissa dies and Olina inherits her interest in the building. Without the knowledge or consent of either Metal Fabrication or National Steel, Olina sells the building to Prime Properties, Inc. The next month, the building is destroyed in devastating storm. Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense. The defendant responds that the lease has terminated. Is Prime Properties correct? If so, when did the lease terminate? If not, is Prime Properties liable for the cost of rebuilding the structure? Why or why not?

A lease of property for a prohibited use is unenforceable.

Nancy owns Office Tower, a commercial building situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine

Seaside Vistas leases an apartment to Tori. During a severe storm, the premises are destroyed by flood. Under most state laws, liable for the rent for the rest of the lease term is

If the covenant of quiet enjoyment is breached, the tenant can terminate the lease and sue for damages.

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is