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Exam 42: Real Property and Landlord-Tenant Law

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Question 31

True/False

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The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

A) True
B) False

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Question 32

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Under the takings clause of the Fifth Amendment to the U.S. Constitution, private property may be taken for public use without "just compensation."

A) True
B) False

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Question 33

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Allen owns Buffalo Ranch. Allen's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose he sees fit. Allen's ownership interest is

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

A license is a personal privilege that cannot be withdrawn or revoked.

Logging Corporation has a right to go onto Mount Timber Company's land and harvest select trees. Logging's right is

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult

The tenant's use of the leased property must not injure the landlord's interest.

Larissa leases to Metal Fabrication Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable annually. The lease includes a clause stating that Metal Fabrication is responsible for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Larissa's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Metal Fabrication, without Larissa's knowledge or consent, assigns its interest in the lease to National Steel, Inc. Meanwhile, Larissa dies and Olina inherits her interest in the building. Without the knowledge or consent of either Metal Fabrication or National Steel, Olina sells the building to Prime Properties, Inc. The next month, the building is destroyed in a devastating storm. Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense. The defendant responds that the lease has terminated. Is Prime Properties correct? If so, when did the lease terminate? If not, is Prime Properties liable for the cost of rebuilding the structure? Why or why not?

If the covenant of quiet enjoyment is breached, the tenant can terminate the lease and sue for damages.

All-Mart Discount Stores Corporation contracts to buy ten acres from Suburban Enterprises, Inc., as a site for a new store. The contract calls for a "warranty deed." According to a survey that All-Mart commissions, one corner of an adjacent, enclosed parking lot is on part of the property that Suburban is attempting to convey. Can All-Mart avoid the contract? If so, on what basis? If not, why not?

Star Residences fails to provide the utilities to its tenants' apartments, making their use and enjoyment of the premises exceedingly difficult. This is most likely

To obtain the title to land without delivery of a deed, one person must possess the property of another

Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is

When one tenant in common dies, that party's interest in the property automatically passes to the surviving owners.

Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

There are no interests in land that do not include any rights to possess the property.

The covenant of quiet enjoyment forms the essence of the landlord-tenant relationship.