Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

Landlords have the right,and may have a duty,to evict tenants who seriously disturb others.

Accepted Answer

A) True 
 B)False  True

Question 3

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?

Accepted Answer

The primary difference between these two types of concurrent estates is that joint tenancy has rights of survivorship which means that upon the death of one of the co-owners,the deceased's interest passes to the surviving joint tenant.Under an ownership by tenancy in common,the deceased co-tenant's interest passes to her beneficiaries named in her will.Also,a tenant in common can convey his interest at any time during ownership.Under a joint tenancy,a conveyance by one of the joint tenants will destroy the rights of survivorship and create a tenancy in common.

Question 4

Which of the following is true about injuries that occur on leased property?

Accepted Answer

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. 
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.

Question 5

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:

Accepted Answer

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. 
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.

Question 6

Discuss a bailor's liability for defects in the bailed property.

Accepted Answer

The bailor's liability for defects depen

Question 7

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.

Accepted Answer

The city has the power of eminent domain

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Which of the following types of concurrent ownership does not provide for rights of survivorship?

Accepted Answer

A) Joint tenancy. 
B) Tenancy in common. 
C) Tenancy by the entirety. 
D) All of the above 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.

Question 10

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?

Accepted Answer

A) Easement 
B) Profit 
C) License 
D) Prescription 
A) Easement 
B) Profit 
C) License 
D) Prescription

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

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. 
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.

Question 13

Percival is a tenant in a high rise apartment building.He has duties to his landlord,including:

Accepted Answer

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. 
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.

Question 14

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."

Accepted Answer

A) True 
 B)False

Question 15

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.

Accepted Answer

Fixtures are goods that have become so a

Question 16

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.

Accepted Answer

A) True 
 B)False

Question 17

Unlike a tenant,a licensee:

Accepted Answer

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. 
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.

Question 18

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:

Accepted Answer

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. 
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.

Question 19

A bailment relationship can be created with respect to either real or personal property.

Accepted Answer

A) True 
 B)False

Question 20

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 appurtenant which runs with the land.

Accepted Answer

A) True 
 B)False

Exam 34: Real and Personal Property

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

Landlords have the right,and may have a duty,to evict tenants who seriously disturb others.

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?

Which of the following is true about injuries that occur on leased property?

Discuss a bailor's liability for defects in the bailed property.

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.

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

Which of the following types of concurrent ownership does not provide for rights of survivorship?

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?

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.

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

Percival is a tenant in a high rise apartment building.He has duties to his landlord,including:

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."

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.

Unlike a tenant,a licensee:

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 bailment relationship can be created with respect to either real or personal property.

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 appurtenant which runs with the land.

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