Real Property

1
Real Property Environmental LawTRUE/FALSE
QUESTION1

• Limits on air or subsurface rights normally must
  be indicated on a deed or other document
  transferring ownership of the land.

2
Real Property Environmental LawTRUE/FALSE
ANSWER1

• ANSWER T PAGE 732
• The deed should specify any limitations, either
  generally or specifically. If it doesnt the
  warranty applies and the grantor can be held
  liable for breaching his title warranties.

3
Real Property Environmental LawTRUE/FALSE
QUESTION3

• Adverse possession has the same legal result as a
  tenancy at sufferance.

4
Real Property Environmental LawTRUE/FALSE
ANSWER3

• ANSWER F PAGE 738
• No, its much stronger than that! First, whats
  a tenant at sufferance?
• Adverse possession results in whats called a
  limitations title which can be a fee simple.

5
Real Property Environmental LawTRUE/FALSE
QUESTION4

• Eminent domain refers to the ultimate right of an
  owner in fee simple absolute to transfer the
  property by will to whomever he or she wishes.

6
Real Property Environmental LawTRUE/FALSE
ANSWER4

• ANSWER F PAGE 739
• Eminent domain is the right of the government to
  take property for public use

7
Real Property Environmental LawTRUE/FALSE
QUESTION5

• A periodic tenancy is created by an express
  contract under which property is leased for a
  specified period of time.

8
Real Property Environmental LawTRUE/FALSE
ANSWER5

• ANSWER F PAGE 740
• No, whats described here is a tenancy for years
  (even if its only months). You may think of a
  periodic tenancy as measured by the rent period,
  in a sense, since you are entitled to one rent
  periods notice to leave.

9
Real Property Environmental LawTRUE/FALSE
QUESTION6

• A tenancy for years is created by a lease that
  does not specify how long it is to last but does
  specify that rent is to be paid at certain
  intervals.

10
Real Property Environmental LawTRUE/FALSE
ANSWER6

• ANSWER F PAGE 740
• Didnt we just talk about this?

11
Real Property Environmental LawTRUE/FALSE
QUESTION7

• Contract doctrines do not apply to
  landlord-tenant relationships.

12
Real Property Environmental LawTRUE/FALSE
ANSWER7

• ANSWER F PAGE 741
• Leases are heavily governed by contracts

13
Real Property Environmental LawTRUE/FALSE
QUESTION8

• Under the covenant of quiet enjoyment, a landlord
  promises that a tenant will not be disturbed in
  the use of the premises.

14
Real Property Environmental LawTRUE/FALSE
ANSWER8

• ANSWER T PAGE 743
• How might a landlord breach this covenant?

15
Real Property Environmental LawTRUE/FALSE
QUESTION9

• When a landlord sells leased premises to a third
  party, any existing leases terminate
  automatically.

16
Real Property Environmental LawTRUE/FALSE
ANSWER9

• ANSWER F PAGE 744
• Leases usually are encumbrances that remain in
  place when property is sold. It is said that the
  property is sold subject to the lease. The
  buyer simply becomes the landlord.
• Depends on the contract, however!

17
Real Property Environmental LawTRUE/FALSE
QUESTION10

• The Environmental Protection Agency is the only
  federal agency with the authority to regulate
  specific environmental matters.

18
Real Property Environmental LawTRUE/FALSE
ANSWER10

• ANSWER F PAGE 746
• Many others. Name some?

19
Real Property Environmental LawTRUE/FALSE
QUESTION11

• Performance standards for major sources of air
  pollution require use of the practically
  affordable control technology (or PACT).

20
Real Property Environmental LawTRUE/FALSE
ANSWER11

• ANSWER F PAGE 749
• Nopewe are looking for MACT Maximum
  Acheiveable, not Practically Affordable. In
  fact, a major criticism of the regs is that they
  cannot take into account cost v. benefit. Only
  look at the benefit.
• Does that make sense to you? Why did the Court
  rule that way?

21
Real Property Environmental LawTRUE/FALSE
QUESTION12

• If the government undertakes clean-up operations
  at a waste disposal site, all parties associated
  with the site are free of any clean-up costs.

22
Real Property Environmental LawTRUE/FALSE
ANSWER12

• ANSWER F PAGE 755
• If its your site, unfortunately, no. All owners
  and operators are potentially responsible parties.

23
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION1

• Beth owns a corporate office park in Ohio. Her
  ownership rights include the right to sell or
  give away the property without restriction, as
  well as the right to commit waste, if she
  chooses. Beths ownership interest is
• a. a fee simple absolute.
• b. a leasehold estate.
• c. a life estate.
• d. the power of eminent domain.

24
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER1

• ANSWER A PAGE 734
• Fee simple owner can do anything they want to,
  subject to laws or ordinances affecting all other
  property owners. These would limit ability to
  commit waste, for instance, if dilapidated
  buildings were regulated.

25
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION2

• With respect to Adams land, Bob has an easement,
  Carol has a profit, and Don has a license. A
  right to possess the land is owned by
• a. Adam, Bob, and Carol only.
• b. Adam and Don only.
• c. Adam only.
• d. Bob, Carol, and Don only.

26
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER2

• ANSWER C PAGE 734
• Nasty question, I agree What would answer be if
  Ed had a lease on Adams land?

27
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION3

• Regional Construction Company has a right to
  drive its trucks across Standard Business
  Corporations property, which is adjacent to
  Regionals office. This right is
• a. a leasehold estate.
• b. a license.
• c. an easement.
• d. a profit.

28
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER3

• ANSWER C PAGE 734
• Roads, pipelines, power lines, utility
  installations, etc. are normally on easement
  estates.

29
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION4

• Wood Products Corporation, which owns no land,
  has a right to cut trees from Natural Resource
  Companys land. Woods right is
• a. a leasehold estate.
• b. a license.
• c. an easement.
• d. a profit.

30
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER4

• ANSWER D PAGE 734
• Profit is a right to enter and take something
  away from land. What about a hunting
  arrangement?

31
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION5

• Investment Properties Corporation conveys an
  office building to Jay with a deed that makes the
  greatest number of warranties and provides the
  most extensive protection against defects of
  title. This deed is
• a. a grant deed.
• b. a quitclaim deed.
• c. a special warranty deed.
• d. a warranty deed.

32
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER5

• ANSWER D PAGE 735
• Deed warrants property to grantee as against all
  claims, whether arising from things that the
  grantor did or things that others in the chain of
  title before him did.
• and Grantor does hereby bind itself to warrant
  and forever defend all and singular the Property
  unto Grantee against every person whomsoever,
  lawfully claiming or to claim the same or any
  part thereof.

33
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION6

• Opal conveys three acres of wetlands to Pristine
  Places, Inc., with a deed that warrants only that
  Opal held good title during her ownership of the
  property. This deed is
• a. a grant deed.
• b. a quitclaim deed.
• c. a special warranty deed.
• d. a warranty deed.

34
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER6

• ANSWER C PAGE 737
• The special warranty deed adds a qualifier at the
  end of the warranty clause to limit the grantors
  liability
• and Grantor does hereby bind itself to warrant
  and forever defend all and singular the Property
  unto Grantee against every person whomsoever,
  lawfully claiming or to claim the same or any
  part thereof, by through or under Grantor but not
  otherwise.

35
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION7

• Manhattan Developers, Inc., pays Northeast Trust
  Company to release its claim to a strip of
  waterfront property. Northeast gives Manhattan a
  deed that conveys only whatever interest
  Northeast has in the strip. This deed is
• a. a grant deed.
• b. a quitclaim deed.
• c. a special warranty deed.
• d. a warranty deed.

36
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER7

• ANSWER B PAGE 738
• Actually not a conveyance of property, but a
  relase of any claim to property. Effect is to
  give the grantee whatever interest, if any, that
  the grantee may have.

37
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION8

• Bay City wants to acquire undeveloped land within
  the city limits to convert into a public park.
  Bay City brings a judicial proceeding to obtain
  title to the land. This is
• a. adverse possession.
• b. an easement.
• c. constructive eviction.
• d. the power of eminent domain.

38
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER8

• ANSWER D PAGE 739
• Where in the constitution does it say the City
  can do this?

39
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION9

• Dora leases a house from Evan for a two-year
  term. To ensure the validity of their lease, it
  should include
• a. a description of the premises.
• b. a due date for the payment of the property
  taxes.
• c. a requirement that Dora perform structural
  repairs to the house.
• d. a requirement that Evan carry liability
  insurance.

40
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER9

• ANSWER A PAGE 741
• Read the question only A is necessary to the
  validity of the lease the other things are all
  very good ideas and examples of the many things
  that need to be addressed in a lease.

41
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION10

• Financial Advisors, Inc., signs a lease for the
  first floor of an office building owned by
  Goodrich Investments, Inc. Unlike a licensee,
  Financial Advisors
• a. has only a temporary right to go upon the
  property.
• b. is entitled to the exclusive use and
  possession of the property.
• c. is not entitled to the exclusive use of the
  property.
• d. must pay for the right to use the property.

42
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER10

• ANSWER B PAGE 743
• Lease is a possessory interest.

43
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION11

• Allen owns a duplex that he leases to Brad and
  Cora. Allen may sell
• a. the duplex at any time.
• b. the duplex, but only after the lease term
  expires and Brad and Cora have moved out.
• c. the duplex, but only with Brad and Coras
  permission.
• d. the lease, but not the duplex.

44
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER11

• ANSWER A PAGE 744
• He can sell the duplex subject to the lease.
  What rights do Brad and Cora have to dispose of
  the leasehold interests that they have?

45
Real Property Environmental LawMULTIPLE-CHOICE
QUESTION12

• Bill leases an apartment from Cathy. Two months
  later, Bill moves out, and arranges with Dian to
  move in and pay the rent to Cathy for the rest of
  the term. This is
• a. an assignment.
• b. an easement.
• c. an eviction.
• d. a sublease.

46
Real Property Environmental LawMULTIPLE-CHOICE
ANSWER12

• ANSWER A PAGE 745
• How is a sublease different than this?

47
Real Property Environmental LawESSAY
QUESTION1

• Jack owns land located outside Metro City. Jack
  sells the land to Quality Disposal, Inc., which
  establishes a hazardous waste disposal facility
  at the site. Quality Disposal accepts only waste
  transported by Regional Trucking Company
  exclusively from Consolidated Industries, Inc.
  Several years later, Quality Disposal closes its
  facility and sells the land to Price Rite
  Corporation, which builds a Price Rite Discount
  Store on the site. Meanwhile, some of Metros
  citizens complain to the Environmental Protection
  Agency (EPA) that Metros municipal water supply
  is polluted. The EPA investigates and discovers
  that the sources of the pollution are leaks of
  hazardous waste from what is now the Price Rite
  property. The EPA cleans up the site. Who can be
  held liable for the cost of cleaning up the site?

48
Real Property Environmental LawESSAY ANSWER1

• ANSWER Quality Disposal, Regional Trucking,
  Consolidated Industries, or Price Rite may be
  held liable for the cost of cleaning up the site.
  Under the Comprehensive Environmental Response,
  Compensation, and Liability Act (CERCLA), or
  Superfund, the EPA can recover the cost of
  cleaning up a leaking hazardous waste disposal
  site from the party who generated the waste
  disposed of at the site, the party who
  transported the waste to the site, the party who
  owned or operated the site at the time of the
  disposal, or the current owner of the site. These
  potentially responsible parties are jointly and
  severally liable a party who generates only a
  fraction of the waste, for example, can be held
  liable for the entire clean-up cost.
• Of course, whoever is held liable for the cost
  can bring a contribution action against any other
  person who is, or who may be, liable for a
  percentage of the expense.