Chapter 25 - Property

Question 1

real property; fixtures

Answer 1

real property includes land, buildings, air and subsurface rights, plant life, and fixtures. A fixture is any good that has become attached to other real property, such as land

Question 2

concurrent estates

Answer 2

when two or more people own real property at the same time, they have a concurrent estate. In both a tenancy in common and a joint tenancy, all owners have a share in the entire property. The primary different is that joint tenants have the right of survivorship, meaning that when a joint tenets dies, his interest passes to the other joint tenants. A tenants in common has the power to leave her estate to her heirs

Question 3

nonpossessory interests

Answer 3

some valuable interest in real property do not involve possession. Easement, profits, and licenses grant limited rights to use property owned by someone else

Question 4

government regulation

Answer 4

nuisance law, zoning ordinances, and eminent domain all permit a government to regulate property and in some cases, to take it for public use

Question 5

landlord-tenant

Answer 5

the nan owner of a freehold estate allows another person temporary, exclusive possession of the property, the parties have created a landlord- tenant relationshipt

Question 6

tenancies

Answer 6

tenancy for year: any lease for a stated, fixed period

periodic tenancy: created for a fixed period and then automatically continues for additional periods until either party notifies the other of termination,

tenancy at will: has no fixed duration and may be terminated by either party at any time

tenancy at sufferance: occurs when a tenant remains, against the wishes of the landlord, after the expiration of a true tenancy

Question 7

quiet enjoyment

Answer 7

all tenants are entitled to the quiet enjoyment of the premises, without the interference of the landlord

Question 8

security deposits

Answer 8

landlords may require tenants to post a deposit that can be used to pay for repairs id a tenant damages the property. But many landlords fail to promptly return security deposits to tenants who leave no damage behind. In those cases, tenants are often able to sue for as much as three times their security deposits

Question 9

rent

Answer 9

the tenant is obligated to pay the rent, and the landlord may evict for non-payment. The modern trend is to require a landlord to mitigate damages caused by a tenant who abandons the premises before the lease expires

Question 10

tenant liability

Answer 10

a tenant is liable to the landlord for any significant damages he uses to the property. A tenant is also generally liable for injuries occurring within the premises she is leasing

Question 11

personal injury

Answer 11

at common law, a landlord had very limited liability for injuries on the promises, but today, many courts require a landlord to use reasonable care and hold her liable for foreseeable harm

Question 12

gifts

Answer 12

a gift is a voluntary transfer of property from one person to another without consideration, The elements of a gift are intention to transfer ownership immediately, delivery, and acceptance

Question 13

bailment

Answer 13

a bailment is the rightful possession of goods by one who is not the owner. The one who delivers the goods is the bailor, and the one in possession is the bailee. To create a bailment, the bailee must assume physical control with intent to possess

Question 14

bailees rights

Answer 14

the bailee is always entitled to possess the property, is frequently allowed to use it, and may be entitled to compensation

Question 15

bailees duty of care

Answer 15

the bailee is obligated to exercise due care required. The level of care required depends on who receives the benefit of the bailment.

If the bailee is the sole beneficiary, she must use extraordinary care;

if the parties mutually benefit, the bailee must use ordinary care; and

if the bailer is the sole beneficiary of the bailment, the bailee must use only slight care