Chapter 29 - Real Property and Landlord-Tenant Law Flashcards Preview

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Flashcards in Chapter 29 - Real Property and Landlord-Tenant Law Deck (81):
1

What things does real property usually consist of? 4 What rights might it include? 2

Land
Buildings
Plant Life
Fixtures

Subsurface Rights
Air Rights

2

What are fixtures?

Goods that have become attached to real property.
An object is a fixture if a reasonable person would consider the item to be a permanent part of the property

3

What three things are taken into account when establishing if something qualifies as a fixture?

Attachment - If removing the object would damage the property.
Adaption - made or adapted especially for attachment to the particular property (custom bookshelves)
Other objective manifestations of permanence.- owner clearly intends the item to remain permanently fixed.

4

What is a Concurrent Estate?

Two or more people owning property at the same time.

5

What is Tenancy in Common?

-Two or more people holding equal interest in a property, but with no right of survivorship.
-The tenants in common do not own any particular section of the property; they own an equal in interest in the entire property.
-Any co-tenant may convey her interest in the property to another person.

6

What are the three most common forms of concurrent estates?

-Tenancy in Common
-Joint Tenancy
-Tenancy by the Entirety

7

What does Convey mean?

Transfer (a deed)

8

What is the default concurrent estate?

Tenancy In Common

9

What are a co-tenants rights to partition?

All co-tenants have an absolute right to partition.

10

What is Partition By Kind?

The court actually divides the land equally among co-tenants.

11

What is Partition?

Division of the property (or proceeds from sale of the property) among the co-tenants.

12

What is Joint Tenancy?

-Two or more people holding an equal interest in a property, with the right of survivorship.
-The parties, called joint tenants, own a percentage of the whole property and also have the absolute right of partition.
-This includes right of survivorship.

13

When can and cannot joint tenants convey their interest?

They can convey it anytime during their lifetime
They cannot convey their interest by will.

14

When is the right of survivorship in joint tenancy destroyed?

It is severed when one party conveys during their lifetime their interest to a property. The new co-owners are now tenants in common.

15

What is Adverse Possession?

Allows someone to take title to land without paying for it, if she meets four specific standards.

16

What are the four things must be demonstrated to allow someone to win adverse possession?

Possession is :
1)Exclusive
2)Notorious
3)Adverse to all others
4)Continuous

17

In terms of demonstrating adverse possession, what is exclusive?

User must take possession and by the only one to do so. If the owner is still occupying the land, or if other members of the public share its use, there can be no adverse possession.

18

In terms of demonstrating adverse possession, what is notorious

The user's presence must be visible and generally known in the area, so that that the owner is on notice that his title is contested.

19

In terms of demonstrating adverse possession, what is adverse to all others

The user must clearly asset that the land is his. He does not need to register a deed or take other legal steps, but he must act as though he is the sole owner. If the user occupies the land with the owner's permission there is no adverse claim.

20

In terms of demonstrating adverse possession, what is continuous

Use of land must be continuous for the length the state prescribes. In a residential area, the user would have to occupy the land year round. In a wilderness generally used in the summer, a user could gain ownership by seasonal use.

21

What are Zoning Statutes?

State laws that permit local communities to regulate land use.

22

What is Eminent Domain?

The power of the government to take private property for public use.

23

Which level(s) of government can use Eminent Domain?

All levels, federal, state, and local.

24

What amendment applies to eminent domain? How has the court ruled regarding?

-The Fifth Amendment -"nor shall private property by taken for public use, without just compensation."
-Supreme Court has held that this clause not only applies to the federal government, but to state and local government

25

In eminent domain, what does fair price mean?

Reasonable market value of the land.

26

What happens if a property owner refuses the offer under eminent domain?

The government will file suit seeking condemnation of the land; that is, a court order specifically specifying what compensation is just and awarding title to the government.

27

What court case deals with the issue of a government using eminent domain on behalf of a private company? What was the reasoning?

Kelo v. City of New London, Connecticut
-The Takings Clause allows for some transfers of real property from one private party to another, so long as the land will be used by the public.
-Economic development a legitimate public purpose

28

When is a landlord-tenant relationship established?

When an owner allows another person temporary, exclusive possession of the property.

29

What has the landlord conveyed to the tenant in a landlord tenant relationship?

Conveyed a leasehold interest, meaning the right to temporary possession.

30

What contract creates a landlord-tenant relationship?

A lease.

31

What three bodies of law combine to influence landlord-tenant cases?

Property law
Contract law
Negligence law.

32

What requires a lease to be in writing?

The statute of frauds.

33

At minimum, what must a lease state? 4

The names of the parties
The premises being leased
The duration of the agreement
The rent

34

What is a Covenant?

A promise by either landlord or tenant to do something or refrain from doing something.

35

What is a Condition?

Similar to a covenant but it allows for a landlord to evict a tenant if there is a violation.

36

What are the four types of tenancy?

-Tenancy for Years
-Periodic Tenancy
-Tenancy at Will
-Tenancy at Sufferance

37

What is Tenancy For Years?

Any lease for a stated, fixed period. It terminates automatically when the agreed period ends

38

Adverse possession allows someone to take title to land if she demonstrates possession that is:
Answer
1.
Exclusive
2.
Adverse to all others
3.
Continuous
4.
All of these answers are correct

4

39


The Solomans own a cabin on the south side of Mount Henry. One day, the Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again. Twelve years later, the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer. Bennie and Claudia claimed that they had acquired title by adverse possession, because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state). Are Bennie and Claudia correct?
Answer
1.
No, there was no warranty deed transferred to Bennie and Claudia.
2.
Yes, Bennie and Claudia were living on the property with exclusive, open possession for a continuous period of time for the required 10 years.
3.
No, Bennie's and Claudia's possession was with the Solomans' permission and therefore the claim was not adverse to the Solomans.
4.
Yes, Bennie and Claudia had the Solomans' permission, therefore the possession was not illegal.

3

40

Which type of joint ownership can be left to someone else in a will?

1. Joint Tenancy
2. Tenancy in Common
3. Both a and b are correct
4. Neither a or b is correct

2

41

Mark signs a periodic year-to-year lease at the River's Edge Warehouse. After the year expires, Mark stays in the warehouse and the landlord acquiesces. Mark:

1. Has a month-to-month periodic lease, which can be terminated by either party's giving a 30-day notice.
2. Has a tenancy at sufferance which is not a true tenancy at all.
3. Has another one-year lease. Periodic tenancies automatically renew unless either party gives proper notice to the other that the tenancy will terminate upon the expiration of the time period.
4. None of the above.

3

42

What duty does a landlord have?
Answer
1.
Duty of quiet enjoyment
2.
Duty to deliver the premises
3.
Duty to maintain the premises in a habitable condition
4.
All of these answers are correct

4

43


Sam has a five-year written lease for Bill’s rental house. Bill dies and his wife sells the house to Joe. Joe tells Sam to move out because he wants to live there. Sam does not want to move. Who wins?
Answer
1.
Joe. A new owner has the right to evict an existing tenant.
2.
Sam because he has adversely possessed the lease.
3.
Joe. Death voids any leases.
4.
Sam. The new owner is substituted as the landlord.

4

44

Real property consists of:
Answer
1.
buildings.
2.
air rights.
3.
plant life.
4.
All of the above.

4

45

Ted and Janet were married and owned a piece of jungle property in a joint tenancy. When Janet died, her will left of all her real property to T.J., their adult son. T.J. claims he is the sole owner of the jungle property. Ted objects and files a lawsuit for sole ownership of the jungle property...

1.
Ted will win because property owned in a joint tenancy which includes rights of survivorship for the surviving spouse. Ted will get the title to the entire property.
2.
Ted will win only a one-half interest in the jungle property. T.J. will own the other one-half interest because Janet had the right to will her half of the property to anyone she chose.
3.
Ted will lose and forfeit his entire interest in the whole property because a joint tenancy means that one party owns only part of the property.
4.
None of these answers are correct

1

46

You go to a theater to see a play one Saturday evening. You have:

1.
a license to enter the theater.
2.
no property right in the theater just by purchasing the ticket for the play.
3.
purchased an interest called a “profit.”
4.
an easement by reservation.

1

47

Ollie leased a building in Old Town. Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building. Upon expiration of the lease, Ollie intends to remove the washer and dryer, but not the furnace. The washer and dryer can easily be removed without harming anything. Removal of the furnace, however, will damage the building. Are the washer, dryer, and furnace fixtures?

1.
The furnace and the washer are fixtures, but the dryer is not.
2.
The washer, dryer, and furnace are all fixtures.
3.
The furnace is a fixture, but the washer and dryer are not.
4.
The washer and dryer are fixtures, but the furnace is not.

3

48

The right of the tenant to the undisturbed possession of the leased property is known as:

1. habitability.
2. quiet enjoyment.
3. peaceful possession.
4. lawful possession.

2

49

Laverne went to visit her best friend and while climbing the front steps to the apartment building she falls because she was leaning on a loose hand rail. Who is liable?
Answer
1.
The landlord only.
2.
The tenant as she should have reported the loose rail to the landlord.
3.
Both the tenant and landlord if the step are a common area.
4.
Laverne. She should have looked where she was walking and been more careful.

1

50

A landlord's substantial interference with a tenant's use of the property is considered:
Answer
1.
a tort.
2.
a violation of federal housing law.
3.
permissible in a periodic tenancy.
4.
a constructive eviction.

4

51

A tenancy with no fixed duration is a:
Answer
1.
Tenancy for years.
2.
Periodic tenancy.
3.
Tenancy at will.
4.
Tenancy from month to month.

3

52

Whether or not the zoning board will grant a request for a variance depends upon:
Answer
1.
The type of the proposed building.
2.
The reaction of the neighbors.
3.
The reason the owner claims she is harmed by the zoning ordinance.
4.
All of the above.

4

53

The purpose of recording a deed or other real estate transaction is to:
Answer
1.
establish the type of deed granted (i.e. warranty deed, special warranty deed, or quitclaim deed).
2.
assure the grantee that a transfer of real property is now complete.
3.
establish the rights between the grantor and the grantee.
4.
put the rest of the world on notice that the transaction occurred between the grantor and the grantee.

4

54


Property falls into three categories. Which of the following is not considered real property:
Answer
1.
Oil under the land
2.
Land
3.
Refrigerator in the house
4.
A garage

3

55

The Kelo v City of New London case dealt with the issue:
Answer
1.
Whether a fair price was being paid for Mrs. Kelo’s land.
2.
Whether the government could condemn private land.
3.
Whether the government could condemn private land for private developers.
4.
Whether the government had a right to an easement on private land.

3

56

What is Periodic Tenancy?

A periodic tenancy is created for a fixed period and then automatically continues for additional periods (term of the lease) until either party notifies the other of termination. Most common tenancy.

57

What is Tenancy at Will?

A tenancy that has no fixed duration and may be terminated by either party at any time. typically vague.

58

What is Tenancy at Sufferance?

Occurs when a tenant remains on the premises, against the wishes of the landlord, after the expiration of a true tenancy.

59

What are a landlord's duties? 3

-Duty to Deliver Possession
-Quiet Enjoyment
-Duty to Maintain Premises
-Duty to Return Security Deposit

60

What is the Duty to Deliver Possession?

To make the space available to the tenant at the beginning of the tenancy. In most states, if there is a leftover old tenant, the landlord is legally required to remove him. In some states it is up to the new tenant either to evict the existing occupant or begin charging him rent.

61

What is the Duty of Quiet Enjoyment?

It means that all tenants are entitled to quiet enjoyment of the premises, meaning the right to use the property without interference from the landlord. A breach of this is a breach of the lease. The most common interference is eviction.

62

What are the two types of eviction?

Actual
Constructive

63

What is Actual Conviction?

When a landlord prevents the tenant from possessing the premises, he has actually evicted her.

64

What is Constructive Eviction? How can it be proven?

When a landlord substantially interferes with the tenant's use and enjoyment of the premises. The landlord would be liable for all expenses suffered.
To be claimed, the tenant must vacate the premises. They also must prove that the interference was sufficiently serious and lasted long enough she was forced to move out.

65

What is the Duty to Maintain Premises?

The duty to deliver the premises in a habitable condition and a continuing duty to maintain the habitable condition. This focuses on whether a premise meets a particular legal standard.

66

What are the three sources of the legal standards that the Duty to Maintain Premises must meet?

Lease
Created by a state statute
Implied by law.

67

What standards might a lease make a landlord abide by under Duty to Maintain Premises?

The lease itself generally obligates the landlord to maintain the exterior of any buildings and the common areas. If the lease does not do so, state law may imply the obligation.

68

What standards might building codes make a landlord abide by under Duty to Maintain Premises?

Building codes mandate minimum standards for commercial property, residential property or both. They may demand minimum room size, sufficient hot water, secure locks, proper working kitchens and bathrooms, absence of insects or rodents, and other basics of decent housing. Generally all rental property must comply with the building code whether the lease mentions it or not.

69

What is the Implied Warranty of Habitability?

-It requires that a landlord meet all standards set by the local building code, or that the premises be fit for human habitation. Most states imply this.

70

What is the Duty to Return Security Deposit?

When a security deposit has been collected, in many states, the landlord must either return the security deposit soon after the tenant has moved out or notify the tenant of the damage and cost of repairs.
-A landlord who fails to do so may owe the tenant damages of two or even three times the deposit.

71

What are a Tenant's Duties? 3

-Duty to Pay Rent
-Duty to Mitigate
-Duty to Use Premises Properly

72

What can a landlord do in response to a tenants failure to pay rent? 3

-Entitled to apply the security deposit to the unpaid rent.
-Sue the tenant for nonpayment of rent, demanding the unpaid sums, cost of collection, and interest.
-May evict tenant.

73

What is the duty to mitigate?

to keep its losses to a minimum.
When a tenant breaches the lease, the landlord must make reasonable efforts to mitigate damages.

74

What is duty to use premises properly?

A tenant may only do what was allowed for by zoning and the lease (live, or work, as applicable).
they cannot use the premises for illegal activities.
A tenant cannot disturb other tenants (landlord has the right to evict anyone who unreasonably disturbs neighbors)

A tenant is liable for the landlord for any significant damage he causes to the property. (not normal wear and tear)

75

What happens to a lease when a property is sold?

Generally, the sale of leased property does not affect the lease by merely substitutes one landlord, the purchaser, for another, the seller. The lease remains valid and the tenant enjoys all rights and obligation until the end of the term. The new landlord may not raise the rent during the period of the existing lease or make any other change's in the tenant's right.s

76

What is a lease assignment?


The original tenant has an unexpired lease agreement with the landlord and he wants out. Since the original tenant can't just break the agreement and walk off, what he does is to get a new tenant to swap places... and take over all his rights and obligations for the remainder of the lease period. However, the original tenant remains liable to the landlord unless the landlord explicitly releases him. The assignment creates a new relationship between the landlord and the new tenant.

77

What is a sublease?

When the original tenant has an unexpired lease and wants someone to take over. The original tenant collects the rent from the new tenant and makes sure they are following the rules.T he original tenant can decide how much rent to charge, how long the subtenant is going to stay or even collect security deposit... as long as it stays within the boundaries drawn by the original lease agreement between the landlord and original tenant.

78

What is a tenant's liability for injuries that occur on the premises?

A tenant is generally liable for injuries occurring within the premises she is leasing. If they were negligent where they controlled, they were liable.

79

What is a landlord's liability for injuries that occur on the premises

.Historically ,the common law held a landlord responsible only for injuries that occurred in common areas, or those due to the landlord's negligent maintenance of the property. Increasingly the law holds landlords liable under the normal rules of negligence law. In many states, a landlord must use reasonable care to maintain a safe premises and is liable for foreseeable harm.

80

What is the liability for landlords regarding crime?

Landlords - may be liable in negligence to tenants or their guests for criminal attacks that occur on the premises.

81

To answer whether a landlord is liable for crime, what four factors are looked at by the courts?

-Nature of the crime -how did it occur, could the landlord have prevented it?
-Reasonable person standard - What would a reasonable landlord have done to prevent this type of crime? What did the landlord actually do?
-Foreseeability - Was it reasonably foreseeable that such a crime might occur? were there earlier incidents of warnings?
-Prevalence of crime in the area - If the general area, or particular premises, has a high crime rate, courts are more likely to hold that the crime is foreseeable and the landlord responsible.