Chapter 5 Quiz
For which of the following lease terms might you find in a ground lease?
99-year lease
A life estate entitles the holder to occupy and use the underlying real property for?
A lifetime
Under an estate at sufferance, the landlord could go to court to have a trespassing tenant evicted. What is another possible remedy?
Accept the tenant for another similar lease term
When the lessee (tenant) signs the lease, what contract element is satisfied?
Acceptance
When land rights are increased through natural forces, the water rights on those land decreases. This is called...?
Accretion
The type of easement that gives permission to physically cross a piece of real property is called...?
Affirmative easement
What word describes the property owner's right to sell or transfer their property to someone else?
Alienable
When two property owners join together to create a written agreement transferring an easement to another party, what is the easement called?
An easement by grant
What is the term that describes a sudden and perceptible loss of land by action of the water that borders it?
Avulsion
Which of the following is not required for a prescriptive easement?
Contiguous use of the land
When the original lease between the landlord and tenant remains in effect, but the tenant enters into their own lease agreement with someone else for the same space, the tenant has?
Created a sublease
The property that benefits from an easement appurtenant is called the...?
Dominant estate
When the government exercises its eminent domain authority over real property, it can create a/an...?
Easement by condemnation
When the dominant estate has used the servient estate property in an open, hostile and continuous manner for a number of years, it may create a/an...?
Easement by prescription
Who can terminate an estate at will?
Either the landlord or the tenant, or both of them
A lien is an example of an...?
Encumbrance
What is the term that describes an increase in property owners' rights because the land is gradually worn away by natural forces?
Erosion
What type of leasehold estate exists when occupation is for an undefined period of time and can be terminated by the landlord or the tenant?
Estate at will
What is another name for a "fee simple determinable" estate?
Fee simple defeasible
What type of ownership gives the owner the highest possible ownership rights over real property?
Fee simple estate
A lien that is not tied to a specific piece of real estate is called a...?
General lien
Under this type of lease, the landlord is responsible for paying all of the costs of operating and maintaining the property, including real estate taxes?
Gross lease
How are most valid easements created?
In writing
Equitable liens are also called...?
Judgment liens
What is the term for the tenant in a leasehold estate?
Lessee
What is another term for the landlord in a leasehold estate?
Lessor
The person who has the creditor's rights under a lien is called the...?
Lienholder
The type of water rights that refers to rights associated with a still body of water are called...?
Littoral rights
Which of the following is an example of a periodic estate?
Month-to-month lease
Which of the following is a type of a voluntary lien?
Mortgage lien
Under this type of lease, the tenant is responsible for base rent plus additional expenses like taxes, insurance and maintenance?
Net lease
A life estate based on someone else's lifetime is called a?
Per autre vie life estate
What type of leasehold estate specifies a rental period but no pre-defined end date for the lease?
Periodic estate
When the lease in an estate for years ends, what type of leasehold estate exists?
Periodic estate
A leasehold estate is considered to be a...?
Personal property interest
Which of the following repairs is the landlord not required to make under the covenant of habitability?
Repair a tenant's intentional damage to a wall
What is another common name for an easement?
Right of way
What type of lease does a tenant have if they pay rent plus property taxes?
Single net lease
In most states, it is assumed that a property owner intended to transfer fee simple absolute ownership without including:
Special language in the will
What type of lien means that the lien is attached to a piece of real estate?
Specific lien
The power to escheat real property rests solely with...?
State governments
What does a leasehold estate entitle a tenant to do?
Temporarily possess, occupy and use real estate
Rent controls are a type of police power that limit...?
The amount a landlord can charge for rent
If the language of an estate at will lease says tenancy continues at the will or desire of the tenant, under what circumstances can the landlord terminate the lease?
The landlord may not be able to terminate the lease
If a life tenant wants to sell the property subject to a life estate, who must sign the deed transferring ownership?
The life tenant and the remaindermen
In most states, assessed value for taxes is determined by...?
The most recent sale of the property, with an annual inflation adjustment
What is the most common cause for breaching a lease?
The rent isn't paid as agreed
One benefit of using a "confession of judgment" provision in a commercial lease is that?
The tenant has waived their right to notices and court hearings
Which of the following is not a right that a fee simple property owner has?
There are no restrictions
What is the shortest time period for an estate for years?
There is no minimum time period
What is the maximum time period a fee simple estate holder has rights over their property?
There is no time limit or fixed duration
How long do deed restrictions last?
They are permanent
How long does an easement last?
They run with the land, so they transfer with the property
True or false: If a lease does not specify any restrictions, the tenant can use the leased space for any lawful purpose?
True. If no restrictions are specified, the tenant can use the property for any lawful purpose.
What is a lessor
a landlord