BUL 3130 FINAL EXAM QUESTIONS
WITH 100% CORRECT ANSWERS
Which of the following is not a potential right a tenant has should a serious dispute arise
with the landlord? - Answer-withhold rent and remain on the premises until the dispute
is resolved
The tenant can't simply stay and pay no rent.
Which of the following is intellectual or intangible property? - Answer-copyrights and
patents
Copyrights and patents are rights that do not have physical properties.
Each of the following is personal property except: - Answer-a house.
A house is real property.
Which of the following is used to separate and keep apart commercial, residential and
industrial properties? - Answer-zoning
Zoning allows a county or municipality to keep different use property separate.
In Fontainebleau. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when
Fontainebleau began erecting a fourteen story addition to their premise that they
claimed blocked air and sunlight from their pool and sunbathing areas. The court
determined: - Answer-the building could be erected if it could be shown to be useful and
beneficial even if it may have been erected partly for spite to knowingly harm the
plaintiff.
The court found the common law rules regarding air and light to be out of date and
permitted useful and beneficial construction even if adjoining land was negatively
affected.
The right to take away private property for the public good or for public use is called: -
Answer-eminent domain.
Eminent domain is the right to take away private property for the public good or for
public use.
,In 2006, Martin purchased a home in a residential development and in 2010 he sold it in
fee simple to Richard. A week after Richard moved in the local cable company came to
his door to inform him that they would start digging up his yard to install underground
cable for the neighborhood. When Richard objected he was told that they had a right to
do it and he should check with his lawyer. A call to the lawyer confirmed the right of the
cable company to enter his land and dig. Which of the following would have given the
cable company this right? - Answer-an easement by grant
Deeds for residential development properties generally contain easements for utility
companies to enter one's property for utility related reasons. An easement named in a
deed is an easement by grant.
Joey owned three homes in three different states. He tells Monica that she can live in
his Iowa home until he decided to start using the home again in the future. Monica
moves in and lives there for thirteen years when Joey calls and says that he wishes to
start using the home and that she must move out. Monica tells Joey that the statutory
period for adverse possession in Iowa is ten years and that she is now the owner. -
Answer-Joey owns the land because Monica was not adverse or hostile because she
was there with his consent
Monica was on the property with the owner's knowledge and permission so adverse
possession could not occur.
Chuck is renting an apartment and he has a problem. All night he hears the scurrying
around of rodents and each morning he finds cereal boxes and other cardboard food
containers gnawed at. He has also noticed droppings all over the apartment including in
the children's nursery. He has complained to the landlord who simply replies, "Hey, this
is center city, everybody has a rat problem." Landlord is breaching Chuck's right to: -
Answer-habitability.
A persistent rat problem will make the premises uninhabitable triggering certain tenant
remedies.
Which of the following is a valid bailment? - Answer-putting your neighbor's car in your
garage to shield it from a hail storm
Bailments involve taking possession of another's personal property.
In Automotive Supply Co. v. Scene-in-Action, Scene rented a commercial space from
Automotive. Soon after taking possession of the premises the heat started
malfunctioning for hours at a time with the temperature dropping to below 50 degrees.
After numerous employees stopped coming to work due to cold and illness, Scene
moved out, claiming a constructive eviction. - Answer-Scene was entitled to vacate the
premises within a reasonable amount of time and was not required to vacate
immediately
,A tenant denied a habitable premises and denied the beneficial use of the premises
may vacate within a reasonable amount of time and is not required to do so immediately
upon discovery of a problem.
Tracy has agreed to lease a home from Henry for nine months at a monthly rent of
$1,000 per month. - Answer-this lease may be oral
A lease with these terms does not trigger the statute of frauds requirements so it may
be oral.
Howard has fulfilled his residential lease and has moved out of his apartment. The
landlord, depending on the state, has between ________ to act on Howard's security
deposit. - Answer-15 and 45 days
Each state varies with the shortest action required being 15 days and the longest being
45 days.
Riparian rights have to do with: - Answer-water rights.
Water rights are known as riparian rights.
Bridget is the tenant in an apartment in New York and her lease expires in three
months. She expects and wants to renew the lease once it expires. Her employer has
assigned her to a two month assignment in Hawaii. She doesn't want to lose the
apartment so she checks and finds that the lease does not prohibit an assignment of the
lease or a sublet of the lease. She is worried that if she assigns or sublets and the
person who moves in doesn't pay she may suffer consequences. - Answer-she will be
liable whether she assigns or subleases should the assignee or subleasee not pay
The tenant remains liable for the lease provisions such as rent whether they assign or
sublease the premises.
Penny is renting an apartment from Albert. Every time Penny flushes the toilet the toilet
overflows and she must clean and mop the floor of her bathroom. She has complained
numerous times but Albert will not fix the problem. Albert is breaching Penny's right to: -
Answer-habitability.
A premises with an overflowing toilet is unsanitary and therefore not habitable.
The power of a municipality to pass zoning ordinances stems from: - Answer-police
powers.
Police powers allow the county government to make laws to advance legitimate
objectives of the municipality.
, Mia has written a deed that says, "To Chelsea for life and upon her death, the property
shall go back to me." What kind of interest does Mia have in the property upon
Chelsea's death? - Answer-a reversion
When property goes back to the original owner it is said to be a reversion back to the
owner.
Bob has inherited a small home in Wyoming from his deceased Uncle George. Bob has
no desire to live in Wyoming but he enjoys going up to his Wyoming property to fish for
two weeks every fall and spring. George's lawyer has agreed to have the home secured
when Bob leaves and to have it opened when he's planning to visit. George's lawyer,
without asking or informing Bob, has suggested to his freeloading brother Alan and
Alan's wife Judith that they stay at Bob's Wyoming place and simply vacate just before
Bob shows up which they do. They live there acting like the owners for forty-eight weeks
every year. The statutory period for adverse possession in Wyoming is ten years. After
twelve years Alan and Judith file for ownership under Wyoming's adverse possession
statute. - Answer-Alan and Judith will not be successful because their control of the
property was not exclusive or continuous
Bob visited the property regularly and Alan and Judith essentially hid when Bob arrived
so their use was shared with the true owner and was not continuous due to their forced
two week absences.
Mike asks his girlfriend Brandi if he could borrow her car. Brandi agrees to allow
Michael to use her car for the day. - Answer-a bailment has been created
Mike is in possession of Brandi's car which is a bailment.
Assume that you are a freshman and live in your school's dormitory. The agreement
you've signed with the school states that you may move in on September 1st and must
vacate the room by May 31st of the following year. Should you wish to live in the
dormitory during your sophomore year you must sign a completely new contract with the
school. Your agreement with the school best approximates a: - Answer-tenancy for
years.
The dormitory agreement has a starting and ending point making it a tenancy for years.
The act of taking away private property by the government is called: - Answer-
condemnation.
Condemnation is the act of taking away private property by the government.
Mike is driving when he has an accident. Robin who is driving behind him sees the
accident and stops to help. She pulls Mike from the burning car and administers CPR
saving his life. Mike is a wealthy landowner and wants to reward Robin so he gives her
WITH 100% CORRECT ANSWERS
Which of the following is not a potential right a tenant has should a serious dispute arise
with the landlord? - Answer-withhold rent and remain on the premises until the dispute
is resolved
The tenant can't simply stay and pay no rent.
Which of the following is intellectual or intangible property? - Answer-copyrights and
patents
Copyrights and patents are rights that do not have physical properties.
Each of the following is personal property except: - Answer-a house.
A house is real property.
Which of the following is used to separate and keep apart commercial, residential and
industrial properties? - Answer-zoning
Zoning allows a county or municipality to keep different use property separate.
In Fontainebleau. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when
Fontainebleau began erecting a fourteen story addition to their premise that they
claimed blocked air and sunlight from their pool and sunbathing areas. The court
determined: - Answer-the building could be erected if it could be shown to be useful and
beneficial even if it may have been erected partly for spite to knowingly harm the
plaintiff.
The court found the common law rules regarding air and light to be out of date and
permitted useful and beneficial construction even if adjoining land was negatively
affected.
The right to take away private property for the public good or for public use is called: -
Answer-eminent domain.
Eminent domain is the right to take away private property for the public good or for
public use.
,In 2006, Martin purchased a home in a residential development and in 2010 he sold it in
fee simple to Richard. A week after Richard moved in the local cable company came to
his door to inform him that they would start digging up his yard to install underground
cable for the neighborhood. When Richard objected he was told that they had a right to
do it and he should check with his lawyer. A call to the lawyer confirmed the right of the
cable company to enter his land and dig. Which of the following would have given the
cable company this right? - Answer-an easement by grant
Deeds for residential development properties generally contain easements for utility
companies to enter one's property for utility related reasons. An easement named in a
deed is an easement by grant.
Joey owned three homes in three different states. He tells Monica that she can live in
his Iowa home until he decided to start using the home again in the future. Monica
moves in and lives there for thirteen years when Joey calls and says that he wishes to
start using the home and that she must move out. Monica tells Joey that the statutory
period for adverse possession in Iowa is ten years and that she is now the owner. -
Answer-Joey owns the land because Monica was not adverse or hostile because she
was there with his consent
Monica was on the property with the owner's knowledge and permission so adverse
possession could not occur.
Chuck is renting an apartment and he has a problem. All night he hears the scurrying
around of rodents and each morning he finds cereal boxes and other cardboard food
containers gnawed at. He has also noticed droppings all over the apartment including in
the children's nursery. He has complained to the landlord who simply replies, "Hey, this
is center city, everybody has a rat problem." Landlord is breaching Chuck's right to: -
Answer-habitability.
A persistent rat problem will make the premises uninhabitable triggering certain tenant
remedies.
Which of the following is a valid bailment? - Answer-putting your neighbor's car in your
garage to shield it from a hail storm
Bailments involve taking possession of another's personal property.
In Automotive Supply Co. v. Scene-in-Action, Scene rented a commercial space from
Automotive. Soon after taking possession of the premises the heat started
malfunctioning for hours at a time with the temperature dropping to below 50 degrees.
After numerous employees stopped coming to work due to cold and illness, Scene
moved out, claiming a constructive eviction. - Answer-Scene was entitled to vacate the
premises within a reasonable amount of time and was not required to vacate
immediately
,A tenant denied a habitable premises and denied the beneficial use of the premises
may vacate within a reasonable amount of time and is not required to do so immediately
upon discovery of a problem.
Tracy has agreed to lease a home from Henry for nine months at a monthly rent of
$1,000 per month. - Answer-this lease may be oral
A lease with these terms does not trigger the statute of frauds requirements so it may
be oral.
Howard has fulfilled his residential lease and has moved out of his apartment. The
landlord, depending on the state, has between ________ to act on Howard's security
deposit. - Answer-15 and 45 days
Each state varies with the shortest action required being 15 days and the longest being
45 days.
Riparian rights have to do with: - Answer-water rights.
Water rights are known as riparian rights.
Bridget is the tenant in an apartment in New York and her lease expires in three
months. She expects and wants to renew the lease once it expires. Her employer has
assigned her to a two month assignment in Hawaii. She doesn't want to lose the
apartment so she checks and finds that the lease does not prohibit an assignment of the
lease or a sublet of the lease. She is worried that if she assigns or sublets and the
person who moves in doesn't pay she may suffer consequences. - Answer-she will be
liable whether she assigns or subleases should the assignee or subleasee not pay
The tenant remains liable for the lease provisions such as rent whether they assign or
sublease the premises.
Penny is renting an apartment from Albert. Every time Penny flushes the toilet the toilet
overflows and she must clean and mop the floor of her bathroom. She has complained
numerous times but Albert will not fix the problem. Albert is breaching Penny's right to: -
Answer-habitability.
A premises with an overflowing toilet is unsanitary and therefore not habitable.
The power of a municipality to pass zoning ordinances stems from: - Answer-police
powers.
Police powers allow the county government to make laws to advance legitimate
objectives of the municipality.
, Mia has written a deed that says, "To Chelsea for life and upon her death, the property
shall go back to me." What kind of interest does Mia have in the property upon
Chelsea's death? - Answer-a reversion
When property goes back to the original owner it is said to be a reversion back to the
owner.
Bob has inherited a small home in Wyoming from his deceased Uncle George. Bob has
no desire to live in Wyoming but he enjoys going up to his Wyoming property to fish for
two weeks every fall and spring. George's lawyer has agreed to have the home secured
when Bob leaves and to have it opened when he's planning to visit. George's lawyer,
without asking or informing Bob, has suggested to his freeloading brother Alan and
Alan's wife Judith that they stay at Bob's Wyoming place and simply vacate just before
Bob shows up which they do. They live there acting like the owners for forty-eight weeks
every year. The statutory period for adverse possession in Wyoming is ten years. After
twelve years Alan and Judith file for ownership under Wyoming's adverse possession
statute. - Answer-Alan and Judith will not be successful because their control of the
property was not exclusive or continuous
Bob visited the property regularly and Alan and Judith essentially hid when Bob arrived
so their use was shared with the true owner and was not continuous due to their forced
two week absences.
Mike asks his girlfriend Brandi if he could borrow her car. Brandi agrees to allow
Michael to use her car for the day. - Answer-a bailment has been created
Mike is in possession of Brandi's car which is a bailment.
Assume that you are a freshman and live in your school's dormitory. The agreement
you've signed with the school states that you may move in on September 1st and must
vacate the room by May 31st of the following year. Should you wish to live in the
dormitory during your sophomore year you must sign a completely new contract with the
school. Your agreement with the school best approximates a: - Answer-tenancy for
years.
The dormitory agreement has a starting and ending point making it a tenancy for years.
The act of taking away private property by the government is called: - Answer-
condemnation.
Condemnation is the act of taking away private property by the government.
Mike is driving when he has an accident. Robin who is driving behind him sees the
accident and stops to help. She pulls Mike from the burning car and administers CPR
saving his life. Mike is a wealthy landowner and wants to reward Robin so he gives her
