Exam 49: Real Property and Landlord-Tenant Law

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Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nathan's Deli is adjacent to the project. Nathan's loses most of its business when the residents are moved. Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

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Question 1

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A taking occurs when government action permanently deprives a property owner of possession or use of property.
Nathan's could claim that its "property interest'' is an expectation that the area would remain residential. If it had, Nathan's might have continued to operate profitably. In other words, Nathan's might argue that it had assumed its customer base would remain constant because of its expectation that the area would be used in the future as it had in the past.
The court is most likely to hold that Metro City's acquisition of the land near Nathan's did not cause a taking of the deli's property interest so as to require the payment of compensation. Metro City did not take Nathan's right to possess its property nor its right to use its property as it wanted. An expectation that a nearby area would remain residential is not a right. The right to control the use of the land in that area belongs to its owners. When Metro City acquired the land through its power of eminent domain, it acquired the right to control the use of the land.

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

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Question 2

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Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest

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Question 3

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In every leasehold estate, the tenant has an unqualified right to exclusive possession.

(True/False)

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Question 4

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

(True/False)

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Question 5

One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.

(True/False)

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Question 6

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

(Multiple Choice)

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Question 7

Surface and subsurface rights cannot be separated.

(True/False)

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Question 8

A fixed-term tenancy is created when property is leased for a specified period of time.

(True/False)

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Question 9

For a party to take by adverse possession, the party's possession must be peaceable, and not hostile.

(True/False)

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Question 10

If a tenant abandons the premises, in most states a landlord is required to mitigate his or her damages.

(True/False)

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Question 11

A quitclaim deed offers the most protection against defects in the title.

(True/False)

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Question 12

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is

(Multiple Choice)

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Question 13

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property, which is adjacent to Car Wash's facility. This right is

(Multiple Choice)

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Question 14

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm-implements, seed, and livestock. The real property is owned by

(Multiple Choice)

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Question 15

Ernie, the owner of Fallow Farm, sells Gus a right to park his RV on Fallow land overnight. Gus's right is

(Multiple Choice)

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Question 16

To terminate a periodic tenancy. a landlord must give at least one period's notice to the tenant.

(True/False)

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Question 17

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

(Multiple Choice)

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Question 18

A landlord must comply with state statutes and city ordinances regarding maintenance and repair of buildings.

(True/False)

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Question 19

A tenant can withhold rent for any reason.

(True/False)

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Question 20

Showing 1 - 20 of 72

Exam 49: Real Property and Landlord-Tenant Law

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​

Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest​

In every leasehold estate, the tenant has an unqualified right to exclusive possession.​

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

One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.​

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​

Surface and subsurface rights cannot be separated.​

A fixed-term tenancy is created when property is leased for a specified period of time.​

For a party to take by adverse possession, the party's possession must be peaceable, and not hostile.​

If a tenant abandons the premises, in most states a landlord is required to mitigate his or her damages.​

A quitclaim deed offers the most protection against defects in the title.​

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is​

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property, which is adjacent to Car Wash's facility. This right is​

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm-implements, seed, and livestock. The real property is owned by​

Ernie, the owner of Fallow Farm, sells Gus a right to park his RV on Fallow land overnight. Gus's right is​

To terminate a periodic tenancy. a landlord must give at least one period's notice to the tenant.​

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is​

A landlord must comply with state statutes and city ordinances regarding maintenance and repair of buildings.​

A tenant can withhold rent for any reason.​

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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

Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest

In every leasehold estate, the tenant has an unqualified right to exclusive possession.

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

One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.

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

Surface and subsurface rights cannot be separated.

A fixed-term tenancy is created when property is leased for a specified period of time.

For a party to take by adverse possession, the party's possession must be peaceable, and not hostile.

If a tenant abandons the premises, in most states a landlord is required to mitigate his or her damages.

A quitclaim deed offers the most protection against defects in the title.

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property, which is adjacent to Car Wash's facility. This right is

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm-implements, seed, and livestock. The real property is owned by

Ernie, the owner of Fallow Farm, sells Gus a right to park his RV on Fallow land overnight. Gus's right is

To terminate a periodic tenancy. a landlord must give at least one period's notice to the tenant.

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is

A landlord must comply with state statutes and city ordinances regarding maintenance and repair of buildings.

A tenant can withhold rent for any reason.