Exam 24: Real Property and Environmental Law

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $50,000. Industrial Solvents is subject to a fine of

Loaf & Biscuit Company operates a commercial dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

Under the doctrine of nuisance, persons may be liable if they use their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property.

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.

In most states, it is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.

Kelly leases an office from Land & Building Company (LBC) for a four-year term with the rent payable monthly. At the end of the term, Kelly retains possession of the office with LBC's consent and continues to pay monthly rent. This is

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payments of rent and without Grey's permission. This is

For a party to take by adverse possession, the party must have used force to possess the land.

An assignment of a lease releases the original tenant from the obligation to pay rent should the assignee default.

A periodic tenancy is created by a lease that does not specify how long it is to last, but does specify that rent is to be paid at certain intervals.

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Performance standards for new sources of water pollution require the use of any available control technology, or AACT.

The covenant of quiet enjoyment is a promise that the buyer will not be disturbed in his or her possession of the land.

Mia has a periodic tenancy that requires her to pay rent weekly. Mia wishes to terminate her tenancy. Under the common law, she must give her landlord notice of at least​

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely liable for the damage is

Alexis sells half of her Triple A Ranch land to the Bar B Ranch. On the land is a reservoir. In the deed, Alexis retains the right to remove a limited amount of water per day from the reservoir. This right is

Eminent domain is the right of an owner of property in fee simple absolute to use the property as he or she sees fit.

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

A joint tenant's sale of his or her interest terminates the joint tenancy.