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Q:
Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult
A.the applicable city ordinances and state statutes.
B.the previous owners.
C.the long-term tenants.
D.the Uniform Landlords' Maintenance Manual.
Q:
Dora leases a house from Evan for a two-year term. To ensure the validity of their lease, it should include
A.a description of the premises.
B.a due date for the payment of the property taxes.
C.a requirement that Dora perform structural repairs to the house.
D.a requirement that Evan carry liability insurance.
Q:
Kasper, the owner of Lakeview Farm, and Milt, the tenant of the farmhouse on the property, may create a tenancy for years by
A.deed.
B.express contract.
C.implication.
D.sufferance.
Q:
Sid rents an apartment from Town Properties, Inc. The lease, which ends on May 31, does not include an option for renewal, and Sid and Town do not discuss whether Sid can stay on at the end of the term. On June 1, Sid has
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.
Q:
LaDonna signs a one-year lease with Mae to occupy an apartment in Ames, Iowa, near the University of Iowa. LaDonna needs the apartment only for two semesters and may have to sublet it for the rest of the term. LaDonna's tenancy is
A.a periodic tenancy.
B.a tenancy at will.
C.a tenancy by the entirety.
D.a fixed-term tenancy.
Q:
Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer. Jamal's tenancy is
A.a fixed-term tenancy.
B.a periodic tenancy.
C.a restrictive covenant.
D.a tenancy at will.
Q:
Rural Holding Company (RHC) possesses farmland. RHC has the right to use the property, including harvesting the crops, for ten years. RHC does not have the right to extract the coal under the land. This is
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.an easement.
Q:
Consumer Shops, Inc., signs a lease for a storefront owned by Downtown Building Company. Unlike a purchaser of real property, Consumer Shops
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.
Q:
To acquire the ownership of a mountain cabin by adverse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time
A.in an, open, hostile, and adverse manner.
B.until the owner files a suit.
C.without the owner's knowledge.
D.with the state's permission.
Q:
Opal conveys three acres of wetlands to Pristine Places, Inc., with a deed that warrants only that Opal held good title during her ownership of the property. This deed is
A.a grant deed.
B.a quitclaim deed.
C.a special warranty deed.
D.a warranty deed.
Q:
Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is
A.a leasehold estate.
B.a license.
C.an easement.
D.a profit.
Q:
With respect to Egor's land, Fig has an easement, Gabe has a profit, and Huck has a license. A right to possess the land is owned by
A.Egor.
B.Fig.
C.Gabe.
D.Huck.
Q:
Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distinguishes Moby, a tenant, from Ollie, a licensee, is
A.the exclusivity of possession.
B.the quiet enjoyment of rights.
C.the temporary nature of possession.
D.the title to the property.
Q:
Tyro has the right to drive across Ula's land, which is next to Tyro's property, to reach an access road. Tyro's right is
A.an easement appurtenant.
B.an easement in gross.
C.a profit appurtenant.
D.a profit in gross.
Q:
Mineral Products Corporation, which owns no land, has a right to mine the copper from Natural Resource Company's land. Mineral's right is
A.a leasehold estate.
B.a license.
C.an easement.
D.a profit.
Q:
Utility Power Company has the right to run its power lines across Velma's land. This is
A.a license.
B.an easement.
C.a profit.
D.a tenancy at sufferance.
Q:
Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is
A.a fee simple absolute.
B.a license.
C.an easement.
D.a profit.
Q:
Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is
A.a leasehold estate.
B.a license.
C.an easement.
D.a profit.
Q:
Cow Country Corporation (CCC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CCC retains the right to remove a limited amount of water per day from the reservoir. This right is
A.a leasehold estate.
B.a license.
C.an easement.
D.a profit.
Q:
Patsy possesses twenty-four acres of remote, rugged land. Patsy has the right to use the property, including extracting silver from an existing mine, for life. Patsy also has the right to lease the land for a period not to exceed her life. Patsy's ownership interest is
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.the power of eminent domain.
Q:
Fact Pattern 28-1
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
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.an easement.
Q:
Fact Pattern 28-1
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 deeds some of her land to Polly. The deed states, "To Polly, for life, then to Quay." Nika has given Polly
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.an easement.
Q:
Fact Pattern 28-1
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's ownership interest is
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.an easement.
Q:
Orin owns Pilot's Landing Office Park. His ownership rights include the right to sell or give away the property without restriction, as well as the right to commit waste, if she chooses. Orin's ownership interest is
A.a fee simple absolute.
B.a leasehold estate.
C.a life estate.
D.the power of eminent domain.
Q:
Bakri owns a house. In the house, on a tile floor is a throw rug. Most likely to meet the definition of a fixture is
A.the house.
B.the throw rug.
C.the tile floor.
D.none of these choices.
Q:
Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage. The exterior boundaries of the land extend
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.
Q:
Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes
A.neither the crops nor the trees.
B.the crops and the trees.
C.the crops only.
D.the trees only.
Q:
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 so on. The real property is owned by
A.Chita and Elvin.
B.Chita only.
C.Downwind Farm.
D.Elvin only.
Q:
Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes
A.the pond, the soil, and the structures.
B.the pond and the soil only.
C.the soil only.
D.the structures and the soil only.
Q:
Even after a tenant sublets leased premises, the tenant may be obligated to pay rent.
Q:
Even after a tenant assigns a lease, the tenant may be obligated to pay rent.
Q:
When a landlord sells leased premises to a third party, any existing leases terminate automatically.
Q:
A tenant cannot withhold rent for any reason.
Q:
Generally, a tenant must pay agreed-to rent even if the tenant moves out as long as the move is unjustifiable and the lease is in force.
Q:
The implied warranty of habitability does not apply to substantial physical defects that a landlord has had a reasonable time to repair.
Q:
A tenant is not responsible for any damage to leased premises.
Q:
A tenant has a duty to maintain in a reasonably safe condition those areas under his or her control.
Q:
A tenant is not responsible for the ordinary wear and tear of leased premises.
Q:
Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.
Q:
A lease is enforceable even if the premises are intended to be used for an illegal purpose.
Q:
Under the covenant of quiet enjoyment, a landlord promises that a tenant will not be disturbed in the possession of the premises.
Q:
Generally, contract doctrines apply to a landlord-tenant relationship.
Q:
The possession of land without right is a tenancy at will.
Q:
A landlord is usually required to give some period of notice to terminate a periodic tenancy.
Q:
A fixed-term tenancy is created when a lease does not specify its duration.
Q:
Some states limit the government's ability to take private property and give it to private developers.
Q:
A recording statute allows deeds to be recorded to give notice to the public.
Q:
For a party to take by adverse possession, the party's possession must not be open, visible, or notorious.
Q:
A warranty deed provides the most protection against defects of title.
Q:
A special warranty deed provides the most protection against defects of title.
Q:
In most states, the seller of a new house warrants that it is fit for habitation.
Q:
Real estate sales contract are often made contingent on the buyer obtaining financing.
Q:
A license is the revocable right of a person to come onto another person's land.
Q:
An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.
Q:
A profit is the right to make limited use of another person's real property without taking anything from the property.
Q:
An easement can be created by implication.
Q:
Life tenants are persons who share ownership rights simultaneously.
Q:
The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.
Q:
In a fee simple absolute, the owner has the greatest aggregation of rights, privileges, and power possible.
Q:
A contract for the sale of commercial realty should indicate what items are included in the sale.
Q:
An item cannot be a fixture unless it is physically attached to the land.
Q:
Plant life is not considered to be real property.
Q:
Land includes the artificial structures attached to it.
Q:
The owner of real property has relatively exclusive rights to the airspace above the land.
Q:
Frenchy's Fast Fries (3F) requires that its employees wear uniforms and protective clothing while on the job. 3F provides a locker room for the employees to leave their street clothes and personal items while working. A sign on the back of the locker room door states, "Frenchy's is not responsible for the loss of any property in the locker room." Grant, a 3F employee, changes his clothes in the locker room before starting work and leaves his wallet and watch in a pocket of his jacket hanging in his locker. When he returns after his shift, the wallet and watch are gone. Does Grant's leaving personal items in the locker room constitute a bailment? If so, what type of bailment? If not, what legal relationship is it? Does 3F's sign exculpate the company for Grant's loss? Why or why not?
Q:
During a storm on Blue Lake, a boat sinks, but its owner Cappy survives. Cappy plans to return to the site of wreck to salvage its equipment and his possessions, but he delays. Meanwhile, Dick, an amateur diver, discovers the wreck and strips it clean of useful items. Cappy learns of the recovery and files a suit against Dick, claiming that the items are his. Dick responds that the sunken boat was abandoned and therefore he has good title to everything to which he took possession. What is the court likely to rule, and why?
Q:
Venerable Company stores office furniture with Warehouse Storage, Inc. (WSI), under a contract that limits the warehouse company's liability for lost or damaged property to $500. Venerable declines the option to pay a higher storage rate for an increase in the liability limit. The furniture is lost through no fault of WSI. The loss is most likely suffered by
A.Venerable and WSI.
B.Venerable only.
C.WSI only.
D.neither Venerable nor WSI.
Q:
Tab stores video equipment with U-Store-It, Inc., under a contract that excuses the warehouser from liability for any damage. A fire due to U-Store-It's negligence destroys the equipment. The loss is most likely to be imposed on
A.neither Tab nor U-Store-It.
B.Tab and U-Store-It.
C.Tab only.
D.U-Store-It only.
Q:
BroadView Company arranges to have Carrier Corporation, a common carrier, transport 500 DVD players from New York to California. Dan is Carrier's driver. BroadView will have no cause of action against Carrier if Carrier fails to deliver the players on time because
A.authorities are stopping and searching all trucks entering California.
B.Carrier's dispatcher mistakenly delays Dan's departure.
C.Carrier's truck is broken into and the players are stolen.
D.Dan has to wait two days in Denver for the truck to be repaired.
Q:
GR8 Stores, Inc., hires Haul-Way Company, a common carrier, to transport fifty large-screen HDTVs from San Diego to Phoenix. En route, a pothole causes the truck to crash, damaging the goods. Liability for the damage most likely rests with
A.GR8 Stores and Haul-Way.
B.GR8 Stores only.
C.Haul-Way only.
D.neither GR8 Stores nor Haul-Way.
Q:
Bob rents a golf cart at Country Club Golf Course. The brakes are worn, and while Bob is driving the cart, they fail. The cart crashes into a tree, and Bob is injured. Country Club could have discovered, with reasonable diligence, that the brakes were worn. Liability for Bob's injuries most likely rests with
A.Bob and Country Club.
B.Bob only.
C.Country Club only.
D.neither Bob nor Country Club.
Q:
Stan is liable for the conversion of Tyler's business law textbook
A.if Tyler proves that the book was in Stan's possession when it disappeared.
B.if Tyler proves that the book is now in a third party's possession.
C.if Tyler proves that the book was not in his possession when it disappeared.
D.under no circumstances.
Q:
Fact Pattern 27-1
Town Transport Company (TTC) agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC unloads one container, the other disappears from TTC's loading dock.
Refer to Fact Pattern 27-1. TTC can avoid liability
A.by proof that TTC did not convert the goods and was not negligent.
B.by proof that TTC's warehouse is located in a high-crime area.
C.by proof that Unlimited Sales was negligent in hiring TTC.
D.under any circumstances.
Q:
Fact Pattern 27-1
Town Transport Company (TTC) agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC unloads one container, the other disappears from TTC's loading dock.
Refer to Fact Pattern 27-1. These facts give rise to
A.a presumption of intentional or negligent conversion by TTC.
B.a presumption of theft by a third party.
C.a presumption of theft by TTC.
D.Unlimited Sales's liability for the container's loss.
Q:
Ben allows Cody to store his trailer on Ben's property for $20 a month while Cody is out of town. Later, Ben notices rainwater collecting in the trailer and covers it with a tarp at a cost of $40. This cost is most likely borne by
A.Ben and Cody.
B.Ben only.
C.Cody only.
D.neither Ben nor Cody.
Q:
Owen takes a Paisley-made pinball machine to Quality Games, Inc., for repair. Lacking certain parts, Quality ships the game to Regal Repair Company. While in Regal's possession, the game is damaged. Quality can recover for the damage from
A.no one.
B.Owen.
C.Paisley.
D.Regal.
Q:
Sid borrows Tony's paint sprayer to paint his house. Uma allows Vic to store his posthole digger in her shed. The party with a right to use the bailed property is
A.neither Sid nor Uma.
B.Sid and Uma.
C.Sid only.
D.Uma only.
Q:
Danielle delivers her dress to Every Day Cleaners for dry cleaning. Every Day's clerk promises that the dress will be ready within five business days. Danielle agrees to pay the charge for the cleaning when she picks up the dress. These parties have a contract. This is
A.an implied bailment.
B.an involuntary bailment.
C.an express bailment.
D.no bailment.
Q:
Delacroix discovers a boat adrift, and retrieves and anchors it. The boat features a number on its side and other evidence pointing to its owner, Elvira. This is
A.an involuntary bailment.
B.a voluntary bailment.
C.an express bailment.
D.no bailment.
Q:
Roy leaves his Honda sport utility vehicle at Sam's Auto Service for an oil change. This is a bailment for
A.neither party's benefit.
B.the parties' mutual benefit.
C.the sole benefit of the bailee.
D.the sole benefit of the bailor.