Property Flashcards

1
Q

When do landlords have to warn tenants about dangerous conditions on the land?

A

When they are latent
- Landowner knew or should have known with reasonable inspection
- When tenant takes possesion AND does not become aware of defects with reasonable inspection.

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2
Q

If a tenant installs shelves, display cases on commerical property for his business w/ the landlord’s consent, must they stay as fixtures at the end of the tenancy, or is the tenant able to remove them?

A

Although tenants are NOT allowed to remove fixtures, they CAN remove trade fixtures (installed for business) as long asL 1) removed before termination fo tenacny, and
2) does not substantially harm the owner’s property.

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3
Q

If a restuarant drills into a neighbor’s property 20 feet underground so not as to disturb the neighbor’s surface usage, can the neighbor sue?

A

Yes, he can sue for trespass because it was a physical invation without permission. The physical investion can happen above, on or below the property.

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