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