Q&A Hero

Q: Scarlett and Mark want to lease an apartment from Connor for a year. Connor first agrees, but on finding that they have two small children, refuses to lease them his apartment. Is Connor's refusal legal? A. Yes, he is the owner and has the right to refuse a lease. B. Yes, he has a valid reason for the refusal. C. No, because Scarlett and Mark have promised to pay rent on time. D. No, because this blatant discrimination is prohibited by the law.

Q: Samuel, a physically disabled young man, has rented an apartment from Beth for a period of two years. Samuel finds that the apartment is ill-equipped to handle his basic needs; he asks Beth for permission to make a few small alterations so that he can move around the house with minimum support. Beth refuses to let him do so and asks him to find another place. Is Beth's refusal legal? A. No, the law allows handicapped tenants to make reasonable modifications. B. No, tenants have the right to do what they like during the lease period. C. Yes, Samuel should find something suitable for him. D. Yes, she is the owner and has supreme rights over her property.

Q: A _____ occurs when a tenant remains in possession of the property (holds over) after a lease has expired. A. periodic tenancy B. tenancy at sufferance C. tenancy at will D. month-to-month tenancy

Q: Which of the following is true of leases in general? A. Provisions of extensions should be drafted separately. B. Long-term leases need to be carefully drafted. C. They are the most important in matters of residential property. D. There are no laws regulating leases, only local housing codes.

Q: Which of the following is true in the case of a lease for a term of more than one year to be enforceable? A. It should be in writing only. B. It cannot be subleased. C. It cannot be assigned. D. It can be oral or in writing.

Q: What is the name if the property interest is conveyed to a tenant under a lease? A. Leasehold Estate B. Freehold Estate C. Life Estate D. Joint Tenancy

Q: A(n) _____ is a contract under which an owner of property, the landlord conveys to the tenant the exclusive right to possess property for a period of time. A. estate B. assignment C. tenancy D. lease

Q: Earl leased an apartment from Kent. Under the terms of the lease, Earl would remain a tenant for eight months and the tenancy would expire on December 8th. This is an example of: A. a tenancy for years. B. a month-to-month tenancy. C. a tenancy at will. D. a tenancy at sufferance.

Q: When Tammy rented an apartment, she and the landlord agreed that she would pay rent on the first of every month. However, they did not agree on the duration of the lease. Under these circumstances, what sort of tenancy was created? A. A tenancy at will B. A tenancy at sufferance C. A periodic tenancy D. A fee simple tenancy

Q: If a landlord has a lien towards the tenant, the landlord can remove or hold the property of the tenant.

Q: Tenants must do routine tasks to ensure the basic upkeep of rental property.

Q: The tenant will generally be held harmless if an individual is injured on their property.

Q: As a general rule, if a tenant abandons the leased property before the expiration of a lease, the landlord has a duty to mitigate damages.

Q: The implied warranty of habitability requires landlords to maintain residential rental property in a statutorily defined, reasonably safe and healthy condition.

Q: An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

Q: A landlord who fails to maintain reasonable security may face liability for injuries sustained by those who are criminally attacked on the property.

Q: The Fair Housing Act prohibits housing discrimination on the basis of race.

Q: As in the case of an assignee, the sublessee also acquires similar rights and duties under the lease between the landlord and the tenant.

Q: Regardless of whether the parties' written lease clearly so specifies, the landlord makes an implied warranty of possession.

Q: Under the doctrine of constructive eviction, a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

Q: The principal of constructive eviction is applicable only to commercial property.

Q: As per common law, landlords make no implied warranties regarding the condition or quality of leased properties.

Q: If a leasee is on a month to month lease and can terminate the lease at any time with notice then lease is called a periodic tenancy.

Q: International law regulates lease terms in the United States.

Q: When a tenant remains in possession of the property after the expiration of a lease, a tenancy at will occurs.

Q: Under a tenancy at will, property is leased for an indefinite period with an agreement to pay rent regularly.

Q: In most states, landlords must give a reasonable advance notice to the tenant before exercising the right to terminate the tenancy.

Q: A lease is a contract where the owner of property (called the landlord), conveys title to the property to a buyer (called a lessee).

Q: Debra allowed Frank to stay in the guesthouse located at the rear of her property. Debra and Frank never discussed rental terms. It is very likely a tenancy at will has been created.

Q: Homeowner Ann Jameson entered into a 90-day exclusive right to sell listing agreement with a real estate broker, Bill Boor. One week later, Jameson sold the house to her neighbor, Jerry Mateo, who learned that the property was for sale when he saw the "for sale" sign in Jameson's yard. Boor contends that he is entitled to a commission on the sale. Is Boor entitled to a commission? Why or why not?

Q: Amber Blue owns a small hotel of the "bed & breakfast" variety. Hunter Greene, a tenant at Blue's bed & breakfast, sustained severe physical injuries when an intruder broke into Greene's room and attacked him with a baseball bat. The intruder neither was an employee of Blue's nor otherwise had any connection with the bed & breakfast. Green filed a tort action against Blue in an effort to collect damages for the medical expenses, lost earnings, and pain and suffering he experienced as a result of the intruder's attack. Greene argued that owners of commercial property such as a bed & breakfast are liable, as a matter of law, whenever guests are injured while on the premises. Blue argued that such property owners cannot be held liable when the guest's injuries were directly (and criminally) inflicted by a third-party attacker. Evaluate the arguments made, respectively, by Greene and Blue. Explain your supporting reasoning.

Q: Jack and Jill moved to their dream home in Rural County. One month later, Otis decided to develop the back 10 acres of his 200-acre farm (nearly all of which had consisted of corn and soybean fields) into a hog-raising operation. Unfortunately for Jack and Jill, the said back 10 acres adjoined their property. Jack and Jill claimed that the smell of the hog operation was overwhelming and that they could no longer enjoy living in their dream home. They also thought the hog operation has caused their property value to decline substantially. Rural County had no zoning regulations in effect. Under what legal theory, if any, may Jack and Jill seek legal relief? Explain.

Q: Doug Dillard owns a house that he presently rents out to a family. Dillard would like to convert the house into commercial space (for a store or offices), because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling. The house is located, however, in an area zoned by the city for residential uses only. This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance, something the city has refused to do. Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment. Will Dillard win his case? Why or why not?

Q: Which of the following is true of zoning ordinances? A. They are issued only by federal authorities. B. There are no remedies against them. C. They stem from the power of eminent domain. D. They regulate the use of real property.

Q: Melissa's home is located in small and quiet neighborhood which has been declared a residential area by the local zoning ordinances. She wants to convert her patio into a small bakery for her neighbors who have often expressed their admiration for her baking skills. Does Melissa have any solution? A. Yes, she can take permission for a variance. B. Yes, she can try for an amendment. C. No, she cannot go against a zoning ordinance. D. No, a residential zone can never be used for commercial purposes.

Q: Sally has been running a small but popular dance studio in her neighborhood for the last 15 years. Recently, a zoning ordinance mandated her neighborhood as strictly residential where no commercial activities could be undertaken. What is Sally's best approach to continue running her studio if she is asked to close it? A. She should request for an amendment to the ordinance. B. She should get her students to protest. C. She could argue that the studio was in existence before the ordinance. D. She does not have a choice and must close or relocate her studio.

Q: Bari deeds Blackacre to Adam, Charlie, and David as joint tenants with right of survivorship. Adam then sells his interest in Blackacre to Sally. Soon after, Charlie dies. Who now owns Blackacre? In what form(s)? Discuss.

Q: Which of the following is a history of what the public records show regarding the passage of title to, and other interests in, a parcel of real property? A. Recorded deed B. Title insurance C. Abstract of title D. Quitclaim deed

Q: Eminent domain: A. allows the government to acquire private property for public use. B. allows a private citizen to sue his neighbors for nuisance. C. instructs private citizens to ensure reasonable security of their premises. D. prohibits discrimination in housing on the basis of race or disabilities.

Q: Nancy, aged 70, has a vacant plot adjacent to her house which she intends to bequeath to her grandson Roy upon her death. However, an important railroad project is being undertaken nearby and the local authorities have informed Nancy that the new railroad will cover her vacant lot. They have also promised her compensation in return. Can the government take her property? A. No, because the plot belongs to her. B. No, because she already intends to bequeath the land to someone. C. Yes, because the government has eminent domain. D. Yes, because the government is the actual owner of all private property.

Q: Which of the following deeds uses phrases such as - "I grant," "I bargain and sell," or "I convey"? A. Grant deeds B. Deeds of general warranty C. Special warranty deeds D. Quitclaim deeds

Q: Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title? A. Grant deeds B. Quitclaim deeds C. Special warranty deeds D. General warranty deeds

Q: A deed where the grantor warrants against (and agrees to defend against) title defects and encumbrances that arose after she acquired the property is called: A. a special warranty deed. B. a quitclaim deed. C. a general warranty deed. D. an invalid deed.

Q: A purchaser of real property who wishes to receive the broadest protection with respect to the property being conveyed should obtain a: A. bargain and sale deed. B. general warranty deed. C. quitclaim deed. D. recorded deed.

Q: A broker operating under a(n) _____ contract is entitled to a commission only if he was the first to find a ready, willing, and able buyer. A. open listing B. exclusive right to sell C. exclusive agency listing D. exclusive right

Q: Most owners of real property acquire title how? A. Through tax sale B. Through purchase C. Through inheritance D. Through gift

Q: Which of the following are frequently used to cure technical defects in the chain of title to property? A. Insurable deeds B. Quitclaim deeds C. General warranty deeds D. Special warranty deeds

Q: When taxes assessed on real property are not paid when due, they become a(n) _____ on the land. A. easement B. lease C. loan D. lien

Q: Lisa lives next to a vacant plot that belongs to Carol. Carol has never visited the plot in the last 20 years during which period, Lisa has taken care of it by fencing the plot and mowing the grass. If this continues, Lisa will be able to claim ownership of land based on: A. easement. B. a quitclaim deed. C. adverse possession. D. fee simple absolute.

Q: Sally seeks to list her home with Barry, a real estate broker. Sally and Barry agree that Barry will receive a commission if the home sells within 90 days, regardless of who actually causes the sale of the property. Sally and Barry have a(n): A. open listing contract. B. exclusive agency contract. C. exclusive right to sell contract. D. restrictive covenant contract.

Q: Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable? A. Contracts of such property are covered under the statute of frauds. B. Such property would otherwise not be entitled to mortgage. C. Such property would otherwise not be entitled to insurance. D. Such property would otherwise be liable to eminent domain.

Q: Adams issues license of his land to Crowe for planting flower trees only. He makes it clear to Crowe in the deed that he may not take undue advantage of the license by using it for commercial purposes. However, after a few days, Adams realizes that Crowe has made a profit by selling flowers, without his knowledge. Can Adams recover the amount which Crowe collected from sale? A. Yes because, Adams is the owner of the land. B. Yes because, Adams restrictions were clear. C. No because, Adams has already licensed Crow to use his land. D. No because, Adams does not possess any rights until the license expires.

Q: In order to "run with the land," a restrictive covenant must essentially: A. be related to any disputed property. B. have a number of claimants to an estate. C. be binding on the original parties and their successors. D. be a joint tenancy.

Q: What is the term for a temporary right to enter another person's land for a specific purpose? A. License B. Profit C. Conveyance D. Estate

Q: Which of the following is sufficient for a gift of real property to be valid? A. Properly executed deed B. Possession of the property C. Actual possession of the property D. An oral declaration

Q: Scrooge's property contains a restrictive covenant that allows only residential use of the land to his inheritors. Over the years, all the adjoining areas of land have become industrial areas. Scrooge's great-grandson, the present owner of his land, wants to set up a small manufacturing unit there. Will he be able to do so? A. Yes, since he is the present owner. B. Yes, because the circumstances have changed completely. C. No, the restrictive covenant is completely binding. D. No, there cannot be a waiver because Scrooge is dead.

Q: In order to create an easement by prescription a person must, in addition to fulfilling other requirements, have: A. recorded the easement immediately upon its creation. B. received the express or implied consent of the true owner. C. used the land of another out of necessity. D. used the land of another openly, continuously, and adverse to the owner's rights.

Q: An easement by prior use is created by: A. grant. B. prescription. C. reservation. D. implication.

Q: Richard sells land to Jones but reserves the mineral rights to the property as well as an easement to enter the land to remove the minerals. Richard has acquired easement by: A. prescription. B. grant. C. reservation. D. implication.

Q: A(n) _____ is a right to enter another person's land and remove some product or part of the land. A. profit B. estate C. easement D. covenant

Q: Green and Nunn own a 40-acre parcel of land as joint tenants with the right of survivorship. Nunn wishes to sell the land to Ink. If Nunn alone executes and delivers a deed to Ink, what will be the result? A. Green will retain a undivided interest in the 40-acre parcel, and will be unable to set aside Nunn's conveyance to Ink. B. Ink will obtain an interest in of the parcel, or 20 acres. C. Ink will share ownership of the 40 acres with Green as a joint tenant with a right of survivorship. D. The conveyance will be invalid because Green did not sign the deed.

Q: Which of the following typically characterizes community property? A. Partners get a share depending on who earned the property. B. One partner may convey property without the other's approval. C. It is property acquired during marriage. D. Inheritance is covered under community property.

Q: Mary wants to buy an apartment in a building that is owned by ABC Corporation. Mary then purchases stock in ABC Corporation and holds her apartment under a proprietary lease. Under which ownership has Mary acquired title to such an apartment? A. Condominium Ownership B. Co-ownership in form of tenancy in partnership C. Ownership acquired by gift D. Cooperative Ownership

Q: Which of the following is a true statement about easements? A. It gives the right to make certain uses of another's property. B. They are more informal than licenses. C. It pertains to personal rather than real property. D. They cannot pass with the land.

Q: Which of the following requires tenants to be married to each other? A. Tenancy in partnership B. Tenancy in common C. Joint tenancy D. Tenancy by the entirety

Q: Archibald and Priscilla, an unmarried couple, co-owned a house. Priscilla automatically became the owner of the house upon Archibald's death. What kind of a co-ownership did they have? A. Tenancy in common B. Tenancy by the entirety C. Joint tenancy D. Cooperative ownership

Q: Ivor, Queen, and Lear own a building as joint tenants with the right of survivorship. Ivor donated his interest in the building to Day Charity by executing and delivering a deed to Day. Both Queen and Lear refused to consent to Ivor's transfer to Day. Subsequently, both Lear and Queen died. After their deaths, Day's interest in the building consisted of: A. total ownership due to the deaths of Queen and Lear. B. no interest because Queen and Lear refused to consent to the transfer. C. a 1/3 interest as a joint tenant. D. a 1/3 interest as a tenant in common.

Q: Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death? A. License B. Easement C. Fee simple absolute D. Profit

Q: Jane and her brother each own a interest in certain real property as tenants in common. Jane's interest: A. is considered personal property. B. will pass to her brother by operation of law upon Jane's death. C. will pass upon her death to the person Jane designates in her will. D. may not be transferred during Jane's lifetime without her brother's consent.

Q: Which of the following is true of a joint tenancy? A. It is created by a corporation or a group of persons. B. It requires that the tenants be married to each other. C. Selling of property by a joint tenant leads to creation of a tenancy in common. D. A joint tenant can sell but not gift his part of the property.

Q: What distinguishes a joint tenancy from a tenancy in common? A. Marriage between tenants B. Right of survivorship C. An easement by reservation D. A bargain and sale deed

Q: The term _____ is used to describe the nature of a person's ownership interest in real property. A. tenancy B. fixture C. estate D. easement

Q: Which of the following characterizes a tenancy in common? A. Each tenant has equal right to possess and use the property. B. The tenants must be a married couple. C. It grants the right of survivorship. D. Tenants are not allowed to divide the property.

Q: Homer and Marge bought Blueacres as tenants in common with equal shares of ownership. One year later, Homer died, leaving a will in which he left his interest in Blueacres to his son, Bart. Under these circumstances: A. Marge will acquire complete ownership of the property. B. Marge and Bart own the property as tenants in common. C. Bart will be considered Marge's tenant on rent. D. Marge and Bart are co-owners, but Marge has the right to exclusive possession.

Q: Which of the following factors is most significant in determining whether an item of personal property has become a fixture? A. The extent of injury to the property by its removal. B. The value of the item. C. Actual physical attachment to real property. D. The buyer of the item.

Q: When a piece of Real Property is sold who will own the fixtures? A. The new owner of the Real Property B. The former owner of the Real Property C. The Secretary of State D. No one owns the fixtures, they are community property

Q: A warranty that amounts to a guarantee that house is free of latent defects that would render it unsafe or unsuitable for human habitation is called implied warranty of habitability.

Q: Courts have become increasingly inclined, in recent years, to hold that owners of commercial property owe persons lawfully on the property a duty to take reasonable steps to protect them against the foreseeable criminal acts of third parties.

Q: The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

Q: Any land owner can bring an action for a public nuisance.