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Exam 46: Real Property and Landlord Tenant Law

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Question 1

Multiple Choice

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Rosen is the life tenant of five hundred acres of land, on which is situated a previously existing mine. Rosen has the right to

A) use the land, including the mine, for any purpose, without qualification.
B) extract minerals from the mine, but not to dig a new mine.
C) extract minerals from the mine and to dig new mines.
D) none of the choices.

E) B) and C)
F) All of the above

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B

Question 2

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To be a fixture , an item of personal property must be physically attached to the land in some way.

A) True
B) False

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Question 3

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In both a tenancy in common, and a joint tenancy, each co-owner owns an undivided interest in the property.

All-Mart Discount Stores Corporation contracts to buy ten acres from Suburban Enterprises, Inc., as a site for a new store. The contract calls for a "warranty deed." According to a survey that All-Mart commissions, one corner of an adjacent, enclosed parking lot is on part of the property that Suburban is attempting to convey. Can All-Mart avoid the contract? If so, on what basis? If not, why not?

Tile and carpeting permanently attached to the floor of a house are most likely intended to be fixtures.

The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

Frank tells Giselle that she can camp on Frank's beach and swim in his lake whenever she wants. With respect to the right to camp and swim,

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

The condemnation power of the government to take land for a public use is known as the right of adverse possession .

A license is a personal privilege that cannot be withdrawn or revoked.

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

If the leased premises are destroyed by fire or flood, and the tenant is forced to move out, the tenant must still continue to pay the rent until the lease ends.

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

Rita has a fixed-term tenancy for her apartment with Studio Apartments. If Rita abandons the premises before the lease expires

The owner of a life estate has the same rights as a fee simple owner, including the right to sell the property or pass it to his or heirs.

Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land. This is

The tenant's use of the leased property must not injure the landlord's interest.

When a joint tenant dies, his or her interest in the property passes to his or her chosen heirs.

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is