Exam 29: Real Property and Tenant: Landlord Law

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.

In many states today a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.

The purpose of recording a deed or other real estate transaction is to:

Laverne went to visit her best friend and while climbing the front steps to the apartment building she falls because she was leaning on a loose hand rail. Who is liable?

Which type of joint ownership can be left to someone else in a will.

Tim is buying a farm.A general warranty deed is the best type of deed for Tim.

Discuss the factors a court will consider when deciding the issue of whether a landlord is liable for a criminal attack against a tenant.

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?

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

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.

Ray v Beacon Hudson Mountain Corp decided

Landlord-tenant relationships are governed by a mixture of property law,contract law,and negligence law.

Adverse possession allows someone to take title to land if she demonstrates possession that is:

You go to a theater to see a play one Saturday evening.You have:

Wayne is renting an efficiency upstairs from Fields.Wayne decides to go to Europe for four months and lets his friend,Charlie,live in his apartment while he is away,with the understanding that Charlie will pay the rent.Wayne has:

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

A landlord's substantial interference with a tenant's use of the property is considered:

Bill and Kim moved onto some deserted land.After living on the land for ten years (as is required by that state's law),Bill and Kim claimed to be the titled owners by adverse possession.The state court awarded title to Bill and Kim.Their real property consisted of:

Sam has a five year written lease for Bill's rental house. Bill dies and his wife sells the house to Joe. Joe tell's Sam to move out because he wants to live there. Sam does not want to move. Who wins.

Eminent domain is the power of the government to regulate building and land use