Question 1

A ____________ is designed to permit the ____________ of a plot of land to recover ____________ rights that have not been utilized by a purchaser of such rights for a long period of time, usually longer than 20 years.

Accepted Answer

A dormant minerals statute is designed to permit the surface owner of a plot of land to recover mineral rights that have not been utilized by a purchaser of such rights for a long period of time, often a period of not less than 20 years. The use of such statutes has become more popular since land owners have become more aware of the lucrative contracts that can be negotiated for oil and gas rights. Some dormant mineral rights statutes, those described as "use-it-or-lose-it" statutes, include provisions that assert that mineral rights revert to the original owner once the statutory time limit has passed, and the mineral rights have not been exploited.

Question 2

Lydian owns a small island outright. She is said to have a(n):

Accepted Answer

Anyone owning real property outright-that is, forever-is said to have an estate in fee simple.

Question 3

Erin, a French student, boarded with a family in America for two months while she studied. Every day, the American family gave Erin her own room and bathroom and fed her breakfast and dinner. Erin would be considered a:

Accepted Answer

A lodger is one who has the use of property without actual or exclusive possession of it. A lodger is a type of licensee, with a mere right to use the property.

Question 4

An easement that Charleen enjoys across her neighbor, Hank's land:

Accepted Answer

Once an easement is created, it runs with the land. This condition means that future owners will have the right to use the easement, unless one of them gives it up by a deed or by not using it for a long period of time.

Question 5

Allison and Zena own property as joint tenants. Zena's creditors can levy:

Accepted Answer

Creditors may levy upon the interests of a joint tenant on execution and take over that particular joint tenant's interest as a tenant in common with the remaining joint tenants. To levy on execution means to collect a sum of money by putting into effect the judgment of a court.

Question 6

Historically, in tenancy by the entirety:

Accepted Answer

A tenancy by the entirety may be held only by a husband and wife and is based upon the common law doctrine known as unity of person. The husband, however, had the entire control over the estate, including the exclusive right to possession and the right to all rents and profits.

Question 7

In a joint tenancy, time, title, interest, and possession are known as the four:

Accepted Answer

When two or more persons own real property as joint tenants, the estate created is a single estate with multiple ownership. Each tenant owns the entire estate, subject to the equal rights of the other joint tenants. Four unities must be present to create a joint tenancy: time, title, interest, and possession.

Question 8

Some states authorize landlords to use force to evict tenants.

Accepted Answer

No state allows landlords to use force to evict tenants. Instead, landlords must make use of the statutory remedies that are available to them.

Question 9

Robert is interested in leasing Bill's property. Robert must include all of the following essentials into the lease agreement, except a definite:

Accepted Answer

Because the lease is a contract, the general rules of contract law apply to it. The essential requirements of a lease are: (1) a definite agreement as to the extent and bounds of the leased property, (2) a definite and agreed term, and (3) a definite and agreed price of rental and manner of payment.

Question 10

Edward Philips signs a deed allowing the utility company to suspend power lines over his land. A utility company's right to use Edward's land for suspending power lines is called a(n):

Accepted Answer

An easement (also called a right of way) is the right to use another's land for a particular purpose. The one who enjoys the easement and to whom it attaches is called the dominant tenement. In contrast, the one on whom the easement is imposed is called the servient tenement.

Question 11

In a tenancy in common, the tenants:

Accepted Answer

When two or more persons own real property as tenants in common, each person owns an undivided share of the whole property.

Question 12

In deciding if an item is a fixture, the courts look to:

Accepted Answer

If there is a question as to whether an item is a fixture, the courts ask the following questions: Has there been a temporary or permanent installation of the personal property? Can it be removed without damaging the real property? Has it been adapted to the intended use of the real property? Also, the court would ask what the intent of the party was at the time the personal property was attached to the real property.

Question 13

A deed becomes effective when:

Accepted Answer

A deed becomes effective when it is delivered to the grantee.

Question 14

Iago has a tenancy for years apartment rental agreement with Ranch Apartments. When the agreement ends in March, Iago asserts a right to renew, while Ranch states that the rental agreement ended without notice. Which party is correct?

Accepted Answer

A tenancy for years is an ownership interest (estate) in real property for a definite or fixed period of time. It may be for one week, six months, one year, five years, 99 years, or any period of time, as long as it is definite. Such a tenancy automatically terminates on the expiration of the stated term.

Question 15

On a snowy day in early January, Jeremy is visiting his friend Manny at Manny's apartment at the Snooty Fox. While walking up the exterior wooden steps to get to Manny's third floor apartment, one of the steps-which is rotten-breaks. Jeremy falls through to the ground and is severely injured. What result?

Accepted Answer

When a person is injured on leased property, the one who is in control of the part of the premises where the injury occurs usually is responsible. In this case, Snooty Fox is liable to Jeremy for any defect in the common area, such as hallways and stairways. Although landlords cannot guarantee the safety of persons in a building's common area, they are not free to ignore reasonably foreseeable risks of harm to tenants and others lawfully on the premises.

Question 16

Laura has a tenancy at will apartment rental agreement with Management Apartments. When Management sells the apartment complex where Laura lives, what is the legal status of Laura's apartment rental agreement?

Accepted Answer

In most states, a tenancy at will comes to an end when the property is sold by the landlord to a third party. However, the notice required by state law must be given to the tenant.

Question 17

Abbot Vending Co. has a license to install vending machines at the Slumber Apartment Complex. Can Abbot transfer this right to Zeno Concession Co.?

Accepted Answer

A license gives no property right or ownership interest in the property, but merely allows the licensee to do certain acts that would otherwise be a trespass. For example, permission to sell Christmas trees at a gas station, to hold dance parties in a hall, and to place a sign on the outside of a building have all been held to be licenses, rather than leases.

Question 18

Tom dies, and in his will, he names Pinson as the personal representative of his estate. Pinson decides to sell Tom's house to Sally. Pinson could transfer title to Sally by means of:

Accepted Answer

When people die owning real property solely in their own name or with others as tenants in common, title passes to their heirs at the moment of death. A deed may be used by the personal representative of an estate to transfer title to real property to a third party (non-heir) which is usually done in many states by authority granted in a will or by a license issued by the court.

Question 19

Jack and Jill live in a community property state. Jill works full time, and Jack stays home taking care of their children. What is the legal status of the earnings Jill makes that are used to purchase a new home?

Accepted Answer

Property (except a gift or inheritance) that is acquired by the personal efforts of either spouse during marriage is called community property. Although state laws differ, they all operate on the theory that both spouses contribute equally to the marriage-that all property acquired during the marriage is the result of the combined efforts of both of them. Although one spouse may earn all the money to acquire the property, all the property acquired is considered community property.

Question 20

The built-in dishwasher in Fernando's apartment is most like a:

Accepted Answer

Personal (non-commercial) property attached to real property is known as a fixture and becomes part of the real property.

Quiz 30: Real Property and Landlord and Tenant Law

A is designed to permit the of a plot of land to recover rights that have not been utilized by a purchaser of such rights for a long period of time, usually longer than 20 years.

Lydian owns a small island outright. She is said to have a(n) :