Legal and Social Chapter 25 - Property

Easement in Gross

An easement that benefits an individual as opposed to the land

Donor

A person who gives property away

Lease

An agreement in which an owner gives a tenant the right to use property

Easement

The right to cross or use someone else's land for a particular purpose

Profit

The right to enter land belonging to another and take something from it

License

The right to temporarily enter land belonging to another

Bailment

The rightful possession of goods by one who is not the owner, usually by mutual agreement between the bailor and bailee

Q1. In many states today, a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm (T/F)

True

Joint tenancy

Two or more people holding equal interest in a property with the right of survivorship

Q5. which of the following is a possessory interest in land? a. license b. easement c. profit d. fee simple absolute

d. fee simple absolute

Real property

involves interests in land and things attached to it, including buildings and trees

Personal property

means all tangible property other than real property - a toothbrush, a share of stock, a 1961Ferrari 250 GT California

Implied warranty of habitability

requires that a landlord met all standards set by the local building code, or that the premises be fit for human habitation

Eminent domain

the government's right to take private property for public use upon just compensation to the owner

Involuntary bailment

A bailment that occurs without an agreement between the bailor and bailee

Abatement

A court will probably issue an abatement requiring the owner to eliminate the nuisance

Actual Eviction

If a landlord prevents the tenant from possessing the premises, he had actually evicted her

Constructive eviction

If a landlord substantially interferes with the tenant's use and enjoyment of the premises, he has constructively evicted her

Zoning

State laws that permit local communities to regulate building and land use

1. Real property consists of which of the following? Select 3 answers. a. buildings b. harvested crops c. fixtures d. land

a. buildings c. fixtures d. land

10. When a tenant wrongfully holds over from the term of their lease, it is called: a. a tenancy at will. b. a periodic tenancy. c. a tenancy at sufferance. d. a tenancy for years.

c. a tenancy at sufferance.

Rent

compensation paid by a tenant to a landlord

6. Land burdened by an easement is called: a. the dominant estate. b. the licensed estate. c. a profit. d. the servient estate.

d. the servient estate.

Mortgagee

the party acquiring a security interest in property

Freehold estate

the right to possess land for an undefined length of time

Partition by kind

A form of partition in which a property is divided among co-owners

Quiet enjoyment

All tenants are entitled to quiet enjoyment of the premises, meaning the right to use the property without the interference of the landlord

Case Study: Jackson v. Estate of Green

Facts: - Green and Jackson owned land as joint tenants. - Green filed a petition asking a court to partition the parcels - Green died while the partition was still pending. - The lower courts found that because the partition was not complete at the time of Green's death, the land reverted to Jackson. - Green's estate appealed. Issue: Does filing for the partition of a joint tenancy terminate survivorship goals? Conclusion: - The principal characteristic of the joint tenancy is the right of survivorship - Upon the death of one joint tenant, the surviving tenant or tenants take the whole estate - filing of the partition action did not sever the joint tenancy because an order effectuating a partition had not entered at the time of defendant's death

Q9. If you grant a nonpossessory interest to Eagle Logging to enter your land and remove timber from ten acres, you have granted Eagle a profit. (T/F)

True

Escalator clause

a lease clause allowing the landlord to raise the rent for specified reasons

CH8. A nonpossessory interest in land owned by another that entitles its holder to a specific limited use of the land is called: a. adverse possession. b. leasehold. c. a zone. d. an easement.

d. an easement.

CH10. Methods for transferring title to real estate include: a. by sale, by gift, by theft, and through eminent domain. b. by sale, through a will, by default, and through adverse possession. c. by sale, by gift, through a will, through bankruptcy, and through eminent domain. d. by sale, by gift, through a will, through adverse possession, and through eminent domain.

d. by sale, by gift, through a will, through adverse possession, and through eminent domain.

Creation of Easements:

1. Express Easement - Landowner expressly conveys easement to someone else 2. Easement by Implication - Landowner subdivides land in a way that clearly implies easement 3. Customary Easement - rights for public asscee

A gift involves three elements:

1. The donor intends to transfer ownership 2. The donor delivers the property to the donee 3. The donee accepts the property

Duty to return security deposit

In many states, a landlord must either return the security deposit soon after the tenant has moved out or notify the tenant of the damage and the cost of the repairs.

Duty to maintain premises

In most states, a landlord has a duty to deliver the premises in a habitable condition and a continuing duty to maintain the habitable condition

Condemnation

Occurs when the government seizes private property and compensates the owner

Duty to deliver possession

The landlord's first important duty is to deliver possession of the premises

Reversionary interest

The landlord's right to occupy the property at the end of the lease

Q8. Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property. (T/F)

True

Easements Appurtenant

a property right that allows the holder to use an adjoining piece of real estate

9. A tenancy for years will last: a. for a definite period of time. b. for at least twenty-four months. c. at least one year. d. for not more than twenty-four months.

a. for a definite period of time.

Life estate

an interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate

Mortgagor

an owner who gives a security interest in property in order to obtain a loan

CH7. Which of the following is an example of a fixture? a. a refrigerator in the kitchen of a house b. a child's swingset that is in the backyard of a house c. a television that is attached to a wall bracket d. cabinets attached to the wall of a garage

d. cabinets attached to the wall of a garage

7. If an individual owns a piece of property and has the unlimited authority to use and sell the property, they: a. have a remainder interest. b. have a life estate. c. have a concurrent interest. d. own the property in fee simple absolute.

d. own the property in fee simple absolute.

CH3. When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a: a. tenancy for months. b. tenancy at sufferance. c. tenancy at will. d. periodic tenancy.

d. periodic tenancy.

Inter vivos gift

A gift made during the donor's life, with no fear of impending death

Gifts

A voluntary transfer of property from one person to another, without consideration

Leasehold interest

One party has the right to occupy the property for a given length of time

Landlord

The owner of a freehold estate who allows another person temporarily to live on his property

Tenancy in common

Two or more people holding equal interest in a property, but with no right of survivorship

8. In a tenancy in common: (Select 2 answers) a. co-owners may ask the court for a partition. b. if either of the co-owners dies, the property automatically passes to the surviving co-owners. c. if either of the co-owners sells their share of the property, the tenancy in common is severed. d. two or more people own the same piece of property.

a. co-owners may ask the court for a partition. d. two or more people own the same piece of property.

Q2. Unlike a tenant, a licensee a. is not entitled to the exclusive possession of the property b. has only a month-to-month right to use the property c. has control of the property d. is entitled to the exclusive possession of the property

a. is not entitled to the exclusive possession of the property

Mortgage

A security interest in real property

CH6. Which of the following are requirements for a valid gift? Choose 3 answers. a. The gift must be delivered. b. The giver must intend to make a gift. c. The donee (one receiving the gift) must accept the gift. d. The gift must have value.

a. The gift must be delivered. b. The giver must intend to make a gift. c. The donee (one receiving the gift) must accept the gift.

Q3. The element that distinguishes a contract from a gift is: a. the element of consideration which is present in a contract, but not in a gift. b. performance of the offeror's or donor's promise c. whether or not the subject of the gift or contract is illegal d. whether or not the offeree or donee accepts the offer

a. the element of consideration which is present in a contract, but not in a gift.

CH4. The attribute that distinguishes personal property from real property is: a. tangibility. b. value. c. ability to be moved. d. ownership by an individual rather than a business.

c. ability to be moved.

Knowledge Check: You own a piece of farm land near an interstate. A large corporation asks if they can pay you to put a large billboard on your land advertising their company. They are seeking: a. an easement in gross. b. a profit in gross. c. an easement appurtenant. d. a profit appurtenant.

c. an easement appurtenant.

Q6. The landlord's first important duty is to a. maintain premises b. pay the security deposit c. deliver possession d. provide eminent domain

c. deliver possession

Concurrent estate

Two or more people owning property at the same time

Estates and interests

Types of rights in land

4. Which of the following scenarios represents an example of an involuntary bailment? Select 2 answers. a. A customer mislaying a phone in a restaurant b. A customer depositing their luggage with an airline c. A person forgetting to take home their cooler from their friend's cookout d. A customer leaving their car to be serviced with a mechanic

a. A customer mislaying a phone in a restaurant c. A person forgetting to take home their cooler from their friend's cookout

CH9. Which of the following conveys a possessory interest in real property? a. license b. easement c. periodic tenancy d. profit

c. periodic tenancy

Tenant

A person given temporary possession of the landlord's property

Donee

A person who receives a gift of property

Condition

A promise of undertaking contained in a lease whose breach may result in eviction

Covenant

A promise or undertaking contained in a lease whose breach does not result in eviction

Case Study: Estate of Lowman v. Martino

Facts: - She didn't want to give the property back because it was a gift - She claimed that they really never broke up and that they still loved each other Issue: Was Martino entitled to keep the engagement ring? Conclusion: - Had to give it back on the condition of marriage

5. Which of the following is true about easements appurtenant? a. They "run with the land." b. They benefit a particular person as opposed to the land. c. They are temporary. d. They give a person authority to remove something from the land of another.

a. They "run with the land."

3. In order to form a bailment, the bailor must: a. deliver title of personal property to the bailee. b. deliver actual possession of personal property to the bailee. c. transfer possession and title of personal property to the bailee. d. deliver at least constructive possession of personal property to the bailee.

b. deliver actual possession of personal property to the bailee.

CH1. A person in her last days with a terminal illness tells her friend that he can have her car when she dies. This type of gift is called a: a. gift causa vivos. b. gift causa mortis. c. gift extra mortis. d. gift inter vivos.

b. gift causa mortis.

Knowledge Check: Eminent domain: a. allows the government to acquire the property for any need. b. requires just compensation for the land. c. can only occur after inverse condemnation hearings. d. allows the government to set the price for the land.

b. requires just compensation for the land.

Knowledge Check: A piece of real property is owned by a husband and wife as a joint tenancy with rights of survivorship. This means that if the husband dies: a. his share transfers to his heirs. b. the wife becomes the sole owner of the entire property, automatically. c. the wife will only inherit his share of the property if she has been named as his beneficiary. d. the court will subdivide the property.

b. the wife becomes the sole owner of the entire property, automatically.

CH5. Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten is: a. abandoned. b. treasure trove. c. mislaid. d. lost.

c. mislaid.

Gift causa mortis

A gift made in contemplation of approaching death

Periodic tenancy

A lease for a fixed period, automatically renewable unless terminated

Tenancy for years

A lease for a stated, fixed period

Tenant's Liability

A tenant is generally liable for injuries occurring within the premises she is leasing, whether that is an apartment, a store, or otherwise

Variance

A variation from the applicable zoning law

Q4. Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California. As a bailee, Charles is automatically entitled to use Tuan's car while Tuan is away (T/F)

False

Fee simple absolute

Full ownership privileges in a property an ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power

Q7. Mrs. Larkin rents an apartment to a couple who argue continually, disturbing other tenants. Without going through the lawful eviction procedure in court, one day she waits until the couple is out of town and changes all of the locks. What has occurred? a. an actual eviction b. a constructive eviction c. an easment d. a variance

a. an actual eviction

CH2. Signing an 18-month lease on a two-bedroom townhouse with a monthly rent of $900 creates a: a. tenancy at will. b. tenancy by the entirety. c. fixed-term tenancy. d. periodic tenancy.

c. fixed-term tenancy.

2. Which of the following does NOT qualify an object as a fixture? a. It is attached to the property in such a way that removing it would cause damage. b. The object was specially made for the property. c. The object was in or on the property at the time of sale. d. The object is intended by the owner to remain there permanently.

c. The object was in or on the property at the time of sale.

Tenancy by the entirety

A system of ownership of marital property in which each spouse owns the entire estate

Tenancy at sufferance

A tenancy that exists without the permission of the landlord, after the expiration of a true tenancy

Tenancy at will

A tenancy with no fixed duration, which may be terminated by either party at any time

Case Study: Lindsay P. v. Towne Properties Asset Management Co., Ltd

Facts: - Lindsay and her young daughter lived above Rhonda Schmidt in an apartment complex - Rhonda and her guests were really loud and woke Lindsay's daughter - Lindsay complained and Rhonda's boyfriend, Courtney Haynes confronted her menacingly both in person and online - Lindsay begged to be released from her lease due to feeling threatened - TP refused but offered for Lindsay to live in the first floor unit, allowed Haynes to be added to the lease, and told Haynes that Lindsay had moved units - Haynes then broke into the first floor apartment and raped Lindsay with the presence of her daughter Issue: Was the landlord liable for the tenant's injuries? Conclusion: - Generally, landlords do not have a duty to protect their tenants from the criminal acts of third parties - However, such a duty exists when the landlord should have reasonably foreseen the criminal activity and failed to take reasonable precautions to prevent such activity - When various facts are put into context with one another, it creates a question of fact as to whether TP took reasonable steps to protect Lindsay. - Summary judgment is not proper in this case. Accordingly, we remand to the trial court for further proceedings.

Case Study: Severance v. Patterson

Facts: - Private home owner against the beach going public, regarding easements - The US Coast Line states public access to the beach is determined by the boundaries by the wet and dry beach - The wet beach goes from the water to the high tide line - The dry beach is the portion of dry beach to back and beyond - The state owns the wet beach and thus cannot be privately owned - If it is privately owned, the public still has access to walk through and use the wet beach - Carol Patterson bought a home on the beach and after the hurricane the wet beach line now included the home into the wet beach boundary - The state ordered that Carol have her home demolished immediately Issue: When a sudden act of nature changes the land, does the easement move along with it? Conclusion: - Ocean front beaches change every day, sometimes suddenly - These public easements that burden the homeowners are dynamic but once established does not require the state to change the easement - When it's sudden it does not role under the Texas Law and that Texas does not recognize a role of easement