Exam 28: Real Property and Landlord-Tenant Law
Ann rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term, Ann
B
Vera sells her alluvial acres to Walt. The title is transferred by deed. Vera is
B
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?
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.
Investment Properties Inc. conveys an office building to Jim with a deed that makes the greatest number of warranties and provides the most extensive protection against defects of title. This deed is
Janice lives in Kendall's mountain cabin without paying rent. This is
Rollo deeds a plot of timberland to Scholars University as a gift. The university pays nothing for the property. Rollo has given the university
The tenant's transfer of leased premises for a period shorter than a lease term is an assignment.
Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is
Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached
In every leasehold estate, the tenant has an unqualified right to exclusive possession.
Under the covenant of quiet enjoyment, a landlord promises that a tenant's use and enjoyment of the property will not be disturbed by someone with superior title.
Jay owns a duplex that he leases to Kit and Leo. Jay may sell the duplex
Molly owns two houses. She allows her friend Nikki to live in one of them without paying rent. Nikki dies. Nikki's tenancy
A quitclaim deed offers the most protection against defects in the title.
Hal owns a farm in Iowa, with a farmhouse, barn, and other structures permanently attached. Hal grows corn on the property. Land includes
Grace has a fixed-term tenancy for her apartment with Hillview Apartments. Grace dies. Her tenancy
Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest
The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited, not necessarily for whatever purpose the owner sees fit.
One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.
A life tenant can exploit the land by drilling new wells or excavating mines.
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