Real Property 1 Final

Describe three ways in which the covenant of quiet enjoyment can be breached by the landlord

1. actual eviction is where the tenant is physically removed from the premises. 2. actual partial eviction occurs when a tenant is evicted from the premises, the rent obligation stops entirely until he or she repossesses the entire property. 3. constructive eviction occurs if the landlord interferes with the tenants use and enjoyment of the property to a great enough extent.

If, in a jurisdiction that follows the English rule, the landlord does not provide actual possession at the outset of the lease, the tenant can do one of two things (1 point for each correct answer): 1. 2.

1. he or she can void the lease and collect any damages that the tenant may have suffered as a result of the failure of the landlord to deliver possession 2. the tenant can uphold the lease and withhold rent for the time that he or she was unable to move onto the property

Describe the two categories of remedies a landlord has if a tenant uses the leased property for an illegal purpose (1 point for each correct answer): 1. 2.

1. if the landlord knew of the illegal purpose, the lease would be unenforceable and the landlord could recover possession of the property, but could not collect rent. 2. if the landlord was unaware of the illegal purpose of the lease, the landlord could continue the lease and get a court order enjoining the illegal activity; or the landlord can terminate the lease if he or she does so while the property is being used for the illegal purposes or shortly after the ceasing the illegal activities.

Describe the two options a landlord has if a tenant overstays his or her term and is considered a holdover tenant (one point for each correct answer): 1. 2.

1. the landlord may bring an action against the tenant to evict and recover reasonable rent. 2. the landlord may elect to "hold over" the tenant and bind the tenant to a new term.

A tenant has certain rights and responsibilities under Florida law. These are specified in this chapter of the Florida Statutes: Chapter _____ .

83

True

A common owner is entitled to his or her fractional share of any rent or income produced from the real property.

True

A condominium association can foreclose and sell an owner's condominium unit if the owner fails to pay common area assessments.

True

A condominium declaration and plat must be in existence before a project can be considered a condominium and before individual units can be sold.

False

A condominium form of ownership, once created, can never be terminated.

False

A condominium owner buys stock in a corporation, which owns the condominium; this stock gives the condominium owner a right to live in a condominium unit.

False

A condominium owner's obligation to pay common area assessments is conditioned upon the condominium association's providing services.

True

A condominium plat is a survey of the condominium property that is required by state statute in order to create the condominium.

False

A cooperative owner generally does not have any restrictions on the owner's right to resell the cooperative unit.

fee simple determinable

A deed that conveys property to an owner "so long as the land is used for an avocado farm" creates an estate known as:

True

A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.

False

A fee simple on condition subsequent estate automatically expires on the happening or nonhappening of the event stated in the deed of conveyance or the will creating the estate.

True

A fixture is classified as real property.

False

A life estate must always be for the life of the owner.

True

A promise to make a gift is generally revocable.

False

A spouse's interest in a tenancy by the entirety property can be willed by the spouse.

True

A swimming pool in a condominium development that all unit owners are permitted to use would be a common area.

False

A swimming pool in a condominium development that all unit owners are permitted to use would be a limited common area.

Donna and Carl

Aaron, Bob, and Carl own property as joint tenants with right of survivorship. During the lifetime of all of them, Aaron sells his interest in the property to Donna. Bob then dies and wills all of his property to Frank. Who are the owners of the property after Bob's death?

Aaron, Bob, and Carl

Aaron, Bob, and Carl, as joint tenants with right of survivorship, own 15 acres of land. A purchaser wishes to purchase 5 acres of land. The purchaser will need a deed from:

False

An enclosed backyard in a condominium development would be a common area.

True

An enclosed backyard in a condominium development would be a limited common area.

False

An estate at will is real property that passes by last will and testament.

True

An owner of a tenancy in common can sell or mortgage his interest in the common property without the other common owners' consent.

True

An owner of a tenancy in common has a nonexclusive right to possess the common property.

False

An owner of real property generally does not own the airspace above the surface of the land.

True

Community property is found in only a few states.

True

Condominium owners have joint and several liability for damage or harm caused to persons in connection with the common areas.

False

Condominiums and cooperatives are the same thing.

Term of Years

Considered the "greatest" of the leasehold estates because it lasts for a definite period of time.

True

Each owner under a joint tenancy with right of survivorship owns an equal undivided interest in the property.

Please match the term to the correct definition. Ejectment: Covenant of Quiet Enjoyment: Constructive Eviction: Implied Warranty of Habitability:

Ejectment: A cause of action under which the owner of real property asks a court to allow the forcible eviction of a person who wrongfully enters or remains on the property. Covenant of Quiet Enjoyment: The right of a tenant to possess and use real property in the manner that was originally intended at the time of the lease and to be free of nuisances that would interfere with those uses. Constructive Eviction: The legal term for a situation in which a landlord's actions or inactions causes a tenant's possession and use of leased premises to be so unpleasant or inconvenient that the tenant is forced to leave the premises. Implied Warranty of Habitability: An implied term in every residential lease that some jurisdictions attach so that a landlord must, under an implied term of every lease, assure that the leased premises are fit for living in.

waste

Failure by an owner of a life estate to adequately maintain the property subject to the life estate is known as:

law of the state in which the real property is located

Generally, the following system of law governs the law of real property:

Harry and Wilma

Harry and Wilma own property as tenants by the entirety. Without Wilma's consent, Harry deeds his interest in the property to Frank. The owners of the property are

Susan's heirs

Henry transfers property to Susan for the life of Tom, then to Kevin. On the death of Susan, the property owner is:

True

If the owner of a life estate commits waste, the life estate will terminate, even though the owner is alive.

all are correct (public hostile exclusive continuous)

In addition to adverse possession being adverse, it must also be:

all are correct (the extent of the attachment of the item to the building the intention of the parties the character of the article in its adaptation to the real property)

In determining that an item is a fixture, a court will consider which of the following:

False

Individual unit owners own the cooperative living units.

True

Inheritance is the passage of ownership of real property from a person who dies without a will.

True

It is possible, in a tenancy in common, that the owners may hold unequal shares in the property.

Match the term to the correct definition. Leasehold Possession Ownership Terms of Years

Leasehold: A non-freehold estate; a term of years, a periodic tenancy or a tenancy-at-will. Possession: The right and ability to exercise dominion and control over property. Ownership: The rights allowing a person the use and enjoyment of property; including the right to convey the property to a third party Terms of Years: A non-freehold estate that is scheduled to last for a specific period of time.

False

Life estates are not transferable during the lifetime of the owner.

True

Most condominium declarations require that fire insurance on the units be under a master policy and that the insurance premium be an expense of the condominium association.

True

Most cooperatives are financed by a mortgage on the entire cooperative.

False

Most cooperatives are financed by individual mortgages on the individual cooperative owners' units.

True

Most state laws allow tenants to remove trade fixtures at the end of a lease.

True

Partition may be by voluntary agreement or by court action.

Match the term to the correct definition. Periodic Tenancy Tenancy-at-Will Tenancy-at-Sufferance

Periodic Tenancy: A non-freehold estate that lasts only from period to period without having any definite duration that is longer than one period. Tenancy-at-Will: A non-freehold estate that can be terminated by any party, at any time, for any reason; Under the modern rule, terminating a tenancy-at-will does require reasonable notice. Tenancy-at-Sufferance: The status of a tenant who has wrongfully overstayed his or her lease in property, before the landlord makes the decision to hold the tenant over for a new term or to evict the tenant.

Please match the term to the correct definition. Rent Frustration of Purpose Nuisance Fixture

Rent: The money paid by the holder of a leasehold estate that is in exchange for the landlord allowing the tenant to possess the premises. Frustration of Purpose: A situation that arises when the fundamental assumptions that the parties had in mind at the time of the formation of an agreement turn out to be incorrect. Nuisance: A use of property or course of conduct that interferes with the legal right of another person to enjoy his or her own property by causing inconvenience or damage or annoyance. Fixture: An item of personal property that has been permanently affixed to real property.

False

Since the law does not favor the free right to transfer of ownership, the law will approve almost any restraint on an owner's right to transfer ownership of property.

True

Taxes on individual condominium units are paid by the individual condominium unit owners.

True

Tenancy in common does not have a right of survivorship.

True

Tenants by the entirety must always be married to each other.

devise

The conveyance of real property in a will is referred to as:

False

The covenant of quiet enjoyment must be expressly included in the lease agreement in order to be a duty of a landlord.

True

The debts of a single common owner will bind his or her interest in the property but will not affect the common property.

False

The division of common property into separate ownerships is called contribution.

True

The governing body of most condominiums is a nonprofit corporation in which each owner is entitled to one vote.

False

The law of real property, in general, is governed by the law of the state in which the owner of the real property resides.

True

The purchaser of a condominium unit is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title.

Contribution

The right of a common owner to be reimbursed from the other common owners for their share of common expenses is called the right of:

False

The right of survivorship in a joint tenancy with right of survivorship provides that one owner's interest in the joint property can be willed or passed to his or her heirs at death.

True

The survivorship feature of a joint tenancy with right of survivorship can be terminated by the parties.

False

The survivorship feature of a joint tenancy with right of survivorship can never be terminated by the parties.

In jurisdictions that infer an implied warranty of habitability, if the landlord breaches this duty, the tenant has several available options. Select as many correct answers that apply:

The tenant can move out and terminate the lease The tenant can repair the condition and deduct the repair price from the rent due under the lease The tenant can reduce or withhold rent until a court determines what would constitute a fair reduction of the rent due to the condition (Although, a court would require the tenant to put the rent money in escrow until such a determination can be made.) The tenant can keep the lease going under the same conditions and sue for monetary damages caused by the breach of the implied warranty of habitability

Corn

Which of the following is not considered real property

Contribution

Which of the following is not one of the unities required for a joint tenancy with right of survivorship?

When must a lease be in writing to be enforceable?

a lease that is for more than one year

List three contexts in which it would be important to determine whether or not something is a fixture:

a question of what property a tenant can remove when a lease ends, whether a creditor with a security interest can take possession of a piece of equipment, and whether a piece of property has become part of the real estate

What can attorneys and paralegals employ or do to make sure legal documents address whether items that could be considered fixtures are transferred with the property?

careful drafting Careful Drafting draft carefully Draft Carefully draft documents carefully Draft Documents Carefully

This the three elements a court will consider in determining whether something is a fixture (1 point for each element).

extent of the item's annexation to the real property, adaptation of the item to the use of the real property, intent of the parties

Which of the three elements of the judicial test for classifying whether a fixture is real or personal property appears to be the most important in most jurisdictions (which of the three do the courts most strongly consider)?

intent of the parties

What is the general rule that applies to materials a tenant attaches to the leased real property about what happens to the materials when the lease expires?

the general rule is that if a chattel is attached permanently to the real property it becomes a fixture and must be left behind when the tenant vacates the premises.

If a tenant is only denied partial possession of the property, the only available remedy for the tenant is:

to deduct from rent payments a proportional share of the rent that corresponds to the amount of the possession of the property that was denied to the tenant

Define "trade fixture"

trade fixtures are items installed on real property by a tenant needed to conduct business, such as shelving, salon equipment and restaurant equipment

Describe the various ways intent of the parties can be established.

written intent or circumstances surrounding the attachment of the item