Question 1

Jack owns the surface rights for Rocky Ridge Ranch,but does not own the subsurface rights.Ginny owns the subsurface rights.Rocky Ridge Ranch has a historic barn,which is damaged when Ginny is excavating minerals from the ranch.Who is most likely responsible for the damage to the barn?

Accepted Answer

A)  Ginny only
B)  Jack only
C)  Ginny and Jack
D)  no one A

Question 2

A lease is enforceable even if the premises are intended for an ille-gal purpose.

Accepted Answer

A) True 
 B)False  False

Question 3

Phil owns a farm in South Dakota.He does not like it when planes from the local airport fly over his property.Phil is unlikely to win a case claiming that airplanes flying over his land violate his property rights unless

Accepted Answer

A)  the planes fly over more than twice a day.
B)  he can prove there are more efficient routes for the planes to take.
C)  the flights are low and frequent and cause direct interference with Phil's enjoyment of the land.
D)  the planes belong to private individuals C

Question 4

A profit is the right to make limited use of another person's real property without taking anything from the property.

Accepted Answer

A) True 
 B)False

Question 5

Real estate sales contract are often made contingent on the buyer obtaining financing.

Accepted Answer

A) True 
 B)False

Question 6

A warranty deed provides the most protection against defects of title.

Accepted Answer

A) True 
 B)False

Question 7

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Accepted Answer

A) True 
 B)False

Question 8

Land includes the artificial structures attached to it.

Accepted Answer

A) True 
 B)False

Question 9

An item cannot be a fixture unless it is physically attached to the land.

Accepted Answer

A) True 
 B)False

Question 10

A tenant is not responsible for the ordinary wear and tear of leased premises.

Accepted Answer

A) True 
 B)False

Question 11

Nika owns land in Ohio.Her ownership rights include the right to sell or give away the property without restriction,and the right to commit waste,if she chooses.
-Refer to Fact Pattern 28-1.Nika conveys some of her land to Reggie with the right to possess and use the property for a certain period of time.Nika has given Reggie

Accepted Answer

A)  a fee simple absolute.
B)  a leasehold estate.
C)  a life estate.
D)  an easement.

Question 12

Plant life is not considered to be real property.

Accepted Answer

A) True 
 B)False

Question 13

Consumer Shops,Inc.,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops

Accepted Answer

A)  acquires only temporary possession of the premises.
B)  enjoys exclusive possession of the premises.
C)  holds only temporary title to the premises.
D)  retains temporary,exclusive possession and title to the premises.

Question 14

Oak Grove Residences,Inc.,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

Accepted Answer

A)  an assignment.
B)  an eviction.
C)  a right of entry.
D)  a sublease.

Question 15

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term,rent payable an-nually.The lease includes a clause stating that Burgertown is re-sponsi-ble for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Andy's control.The lease does not include a clause concerning its assignment.One day after the tenth rental payment,Burgertown,without Andy's knowledge or consent,as-signs its interest in the lease to Chicken Hut Restaurants,Inc.Mean-while,Andy dies and Dotty inherits Andy's interest in the building.Without the knowledge or consent of either Burgertown or Chicken Hut,Dotty sells the building to Earnest Investments,Inc.The next month,the building is destroyed in the flood of a nearby river.Burgertown rebuilds it and files a suit against Earnest for the expense.Earnest responds that the lease has terminated.Is Earnest correct? If so,when did the lease termi-nate? If not,is Earnest liable for the cost of re-building the structure? Why or why not?

Accepted Answer

The answer of Andy leases to Burgertown Franchise Corporation a...

Question 16

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

Accepted Answer

A)  a fixed-term tenancy
B)  a periodic tenancy.
C)  a tenancy at sufferance
D)  a tenancy at will.

Question 17

Utility Power Company has the right to run its power lines across Velma's land.This is

Accepted Answer

A)  a license.
B)  an easement.
C)  a profit.
D)  a tenancy at sufferance.

Question 18

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for re-newal,and Sid and Town do not discuss whether Sid can stay on at the end of the term.On June 1,Sid has

Accepted Answer

A)  an implied option to renew the term.
B)  a right to remain contingent on notice from Town.
C)  a right to remain subject to notice to Town.
D)  no right to remain.

Question 19

A tenant cannot withhold rent for any reason.

Accepted Answer

A) True 
 B)False

Question 20

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend

Accepted Answer

A)  100 feet into the earth and 100 feet into the atmosphere.
B)  one mile into the earth and one mile into the atmosphere.
C)  to infinity and beyond.
D)  to the center of the earth and up to the farthest reaches of the atmosphere

Exam 28: Real Property and Landlord-Tenant Law

Jack owns the surface rights for Rocky Ridge Ranch,but does not own the subsurface rights.Ginny owns the subsurface rights.Rocky Ridge Ranch has a historic barn,which is damaged when Ginny is excavating minerals from the ranch.Who is most likely responsible for the damage to the barn?

A lease is enforceable even if the premises are intended for an ille-gal purpose.

Phil owns a farm in South Dakota.He does not like it when planes from the local airport fly over his property.Phil is unlikely to win a case claiming that airplanes flying over his land violate his property rights unless

A profit is the right to make limited use of another person's real property without taking anything from the property.

Real estate sales contract are often made contingent on the buyer obtaining financing.

A warranty deed provides the most protection against defects of title.

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Land includes the artificial structures attached to it.

An item cannot be a fixture unless it is physically attached to the land.

A tenant is not responsible for the ordinary wear and tear of leased premises.

Plant life is not considered to be real property.

Consumer Shops,Inc.,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops

Oak Grove Residences,Inc.,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

Utility Power Company has the right to run its power lines across Velma's land.This is

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for re-newal,and Sid and Town do not discuss whether Sid can stay on at the end of the term.On June 1,Sid has

A tenant cannot withhold rent for any reason.

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend