Rules

Question 1

When nominal damages are awarded for an intentional trespass to land,

Answer 1

punitive damages may also be awarded at the jury’s discretion

Question 2

Trespass to chattels occurs only when:

Answer 2

an intentional interference with the possession of personal property causes some actual injury to the property.

Question 3

Trespass to chattels occurs only when

Answer 3

an intentional interference with the possession of personal property causes some actual injury to the property.

Question 4

A lease must define the

Answer 4

rent, the term of the lease, and have a definite description of the leased property.

Question 5

The tenant is excused from paying rent for the period during which

Answer 5

she is unable to obtain actual physical possession of the premises.

Question 6

There is strict liability (trespassers will be liable even if there is no damage caused) for intentional trespass for _______ _______. Owners can also sue for ejectment of any unlawful possessor.

Answer 6

real property

Question 7

There is no liability for “trespass” unless the property is damaged for _______ ______. There would be civil liability for taking someone else’s property. In that case, you could sue for replevin or trover.

Answer 7

personal property

Question 8

suing to get property back (property rule)

Answer 8

replevin

Question 9

suing to get your property’s value back (liability rule)

Answer 9

trover

Question 10

TICs are not obligated to reimburse for improvements unless

Answer 10

it increases the value of the property and they later sell the property

Question 11

If you’ve been ousted, you can sue for ________

Answer 11

partition

Question 12

continual use for 20 years (typical), hostile to owner, open and notorious easement

Answer 12

easement by prescription

Question 13

Zoning is presumed to be valid as long as:

Answer 13

It is reasonably related to the police powers (health, public safety, morals, and the welfare) of the community

Question 14

Nonconforming use in zoning

Answer 14

a use that was legal when built, but does not meet current zoning regulations

Question 15

A ______ can be granted if unnecessary hardship is placed on owner (i.e. having to close the business).

Answer 15

variance

Question 16

public nuisance

Answer 16

an unreasonable interference of a right common to the general public

Question 17

Under a ______ nuisance theory, the plaintiff must have a legally-recognized and protected interest in real property that is being encroached upon by the defendant’s conduct—such as fee simple ownership, a life estate, a leasehold, or even a future interest that is detrimentally-affected by the nuisance.

Answer 17

private

Question 18

Under a ______ nuisance theory, there is no requirement that the plaintiff have any interest in a piece of property

Answer 18

public

Question 19

For a JT, all the co-tenants need same:

Answer 19

possession, interest, time, source of title (PITS)

Question 20

A tenant is relieved of his duty to pay rent if the landlord accepts

Answer 20

the tenant’s offer of surrender

Question 21

a negative easement restrains the

Answer 21

servant tenement from building a structure that restricts access to light, air, or support