business & personal law
Nelson
NAME: ______
REVIEW - PROPERTY LAW
TRUE OR FALSE
T or F 1.A bailment exists when a person other than the owner has rightful possession of personal property.
T or F 2.The law of bailment protects the owner of personal property without placing undue burdens on the person holding the property.
T or F 3.A bailee is a person whose personal property is in another's possession.
T or F 4.A bailment may be a contract only if consideration is present.
T or F 5.A mutual-benefit bailment is not based on a contract.
T or F 6.A bailee is absolutely responsible for any damage to goods in his or her possession.
T or F 7.A hospital becomes a bailee by necessity when a patient removes a shirt for a chest x-ray.
T or F 8.Misplaced property must be returned to the owner if the owner can be found.
T or F 9.It is always illegal to reproduce copyrighted material without permission.
T or F 10.A registered trademark continues for 20 years, and it may be renewed for additional 2O~year periods.
T or F 11.The covenant of quiet enjoyment ensures that the tenant can have undisturbed possession of the leased property.
T or F 12.The written lease usually states when and where rent is to be paid.
T or F 13.One who rents real property to others is called a landlord.
T or F 14.The landlord is liable to a guest injured in the tenant's apartment.
T or F 15.A constructive eviction by the landlord terminates the lease.
T or F 16.A landlord is not permitted to enter the tenant's premises during the lease term.
T or F 17.The rights and duties of the landlord and the tenant set out in a lease are known as warranties.
T or F 18.A tenancy at will is created when a lease ends and the landlord allows the tenant to remain on the premises.
T or F 19.When a portion of leased premises is transferred to another person, the lease is said to be assigned.
T or F 20.There is no implied warranty of habitability in apartment leases in Texas.
T or F 21.In Texas, a tenant can sublet if there is no covenant against subletting in the tenant's lease.
T or F 22.A tenant is liable for damage caused by anything more than reasonable wear and tear.
T or F 23.A lease for a two-year period at a rent of $400 a month is a periodic tenancy.
T or F 24.In Texas, a lease for a one year period beginning next week must be in writing.
T or F 25.A landlord in Texas has no right to force a tenant to leave the premises when there is a dispute over lease provisions.
T or F 26.A Texas landlord who has promised to make repairs must pay for repairs contracted for by the tenant.
T or F 27.A quitclaim deed is conveyed with an implied covenant of seisin.
T or F 28.The covenant of quiet enjoyment is violated if the property conveyed turns out to be subject to an easement.
T or F 29.A mortgage entitles the mortgagee to possess the land immediately in case of a default.
T or F 30.When a deed of trust is used to finance the sale of real property, the legal title to the property remains in the hands of the seller.
T or F 31.All condominium owners are jointly responsible for injuries caused by negligence in the repair of common areas.
T or F 32.Jones can get legal title to Blackacre by living on that property for 25 years.
T or F 33.O sellers B a house which has window air conditioners in it at the time of the sale. O removes the window air conditioners and takes them with him. O has breached the sales contract.
T or F 34.Klein I.S.D. could take your property for the purpose of building a new school, even if you didn't want to let them take it.
T or F 35.A deed does not transfer ownership of realty unless it is properly recorded.
Beat Tomball!
Friday - 7:00 - home
FILL IN THE BLANK
- A tenancy for a set period of time that is automatically renewed for the same amount of time unless cancelled is a ______.
- A ______relationship is created when one person rents real property from another.
- An agreement of rental between a landlord and a tenant is a(n) ______.
- The sum of money given to the landlord to ensure that the tenant lives up to the lease terms is called a(n) ______.
- The covenant of ______ensures that the tenant has undisturbed possession of the leased premises.
- ______refers to conduct by the landlord that makes the leased premises uninhabitable by the tenant.
- Items of personal property that have become attached, annexed, or affixed to real property are called ______.
- When a tenant transfers part of the term of a lease but not the remainder it is called a(n) ______.
- Before a Texas tenant may successfully sue his landlord to get him to make needed repairs, the tenant must ______.
- If you own real property and rent it to someone, you are a ______.
- A tenancy that automatically continues for successive fixed periods until cancelled by the landlord or the tenant is a ______.
- The agreement that creates the landlord-tenant relationship is a ______.
- Anything beyond reasonable wear and tear to rental property is known as ______.
- A tenant who wrongfully stays on rental property after the tenancy has ended is utilizing a ______.
- Items of personal property that are attached or annexed to real property are called ______.
- The descriptions in a lease of the rights and duties of the landlord and the tenant are called ______.
- A tenant's transfer of the remaining time on a lease is called ______.
- The money a landlord often requires from a new tenant is called the ______.
- A landlord who deprives a tenant of electricity is guilty of ______.
- The difference between market value and debt in the property is called ______.
- The written instrument by which the borrower pledges real property to the lender as security for a loan is the ______.
- When obtaining a mortgage, a one-time fee that is equal to one percent of the amount borrowed is called a(n) ______.
- A mortgage with a fixed interest rate and increasing monthly payments is a ______.
- The federal government helps people finance their house purchases through a division of the U.S. Department of Housing and Urban Development (HUD) called the ______.
- A type of co-ownership in which a person's heirs inherit that person's share of a property is known as ______.
- A deed that transfers a seller's interest in property but does not warrant that the seller owns any interest is a ______.
- A person who does not really own property but takes possession of it for a specified time period may become the legal owner under the doctrine of ______.
- Government's right to regulate real property use for the public welfare is known as ______.
- The form of home ownership in which buyers purchase shares in a corporation that owns a building is a ______.
adverse possession
assignment
balloon mortgage
closing cost
condominium
consignment
constructive eviction
contracts
cooperative
covenant
covenants
damage
destructive eviction
down payment
easement
eminent domain
equity
escrow
Fair Housing Administration
Federal Housing Administration
fixed-rate mortgage
fixtures
fraudulent tenancy
general warranty deed
give notice
graduated-payment mortgage
implied authority
inspection fee
installments
interest
joint tenancy
landlord
landlord-tenant
lease
lessee
master
mortgage
mortgage deed
negligence
obligations
periodic tenancy
point
police power
power of authority
prepayment
purchase and sale agreement
quitclaim deed
relegation
riparian rights
safety rent
security
security deposit
shareholder building
Social Security Administration
special warranty deed
sublease
sufferance
temporary property
tenancy
tenancy at sufferance
tenancy at will
tenancy by the entirety
tenancy for years
tenancy in common
tenant
termination
tort liability
town-house
variable-rate mortgage
Veterans Administration
warranties
waste
CASES: Assume that Texas law applies to each case.
1. Susan Corriveau leased an apartment for one year from the Hastings Real Estate Trust. There was nothing mentioned in the lease about assigning or subletting the apartment. After living in the apartment for three months, Susan moved out and assigned the remained of the term of the lease to Bruce Gillis. The Hastings Real Estate Trust claimed that this could not be done without the trust's permission. Do you agree? Explain thoroughly.
2. Sharon Russel rented a four-room apartment in a large apartment house that was owned by Joseph Venios. Near the end of the first week that Russel lived in the apartment, Russel's friend, Cynthia Patten, went to the building to visit Russel. While looking for Russel's apartment, Patten tripped on a worn-out carpet in the central hallway and injured her leg. Russel claims that Venios is responsible for the injuries. Is she correct? Explain thoroughly.
3. Susan Kitch signed a 1-year lease for an apartment in the Watergate. During the winter, ice and snow piled up over the front entrance to the building and the janitor made no effort to remove it. Kitch slipped and fell on the ice, suffering serious injury to his back. He sued the landlord for his injuries. The landlord defended herself, saying that she had no responsibility to clear ice and snow from the premises. What will be the outcome of the case? Explain.
4. The Jamails leased a house from a partnership called INNOVATORS. The lease agreement provided that the tenants were to "take good care of the house" and "make, at their own expense, the necessary repairs caused by their own neglect or misuse." A guest of the Jamails, Janet Jacobson, tripped on a loose tread on one step while descending an outside stairway and sustained personal injuries. Who was responsible, the landlord or the tenant? Explain.
5. A porch was located across the hall from Martinez's third-floor apartment. It was not part of the apartment, and the only access to it was through a hall window. At the inception of the lease, Martinez had told the landlord that he might use the porch in the summertime, but the landlord made no reply. On December 31, Crowell held a New Year's Eve party at the apartment. Shortly after midnight, he went out on the porch to get some air. When he put his hands on the railing, it gave way, and he fell to the ground. Was the landlord responsible for Crowell's injuries? Explain.
6. Shortly before she died at the age of 80, Hackett, a widow, visited her bank and with the assistance of the banker executed a deed to her 160-acre farm. The grantees were one of her sons and his wife. She gave the son the deed and he put it in her bank box, saying, "I am busy today and cann't complete this. I want to leave it here for the time being." She gave him the keys to the box, and formal authority to enter it. After she died, the deed was found in the box, unrecorded, along with a letter from the mother in which she said she "had deeded" the farm "as my own free will" because "they (the grantees) have taken care of me, cleaned my house, and looked after me ... in kindness and with love." For some four months before she died, the mother had paid the taxes and received rents on the farm from a tenant. Now her other four children claim the conveyance was void because the deed was never delivered. Whose farm is it? [Hackett v. Hackett, 429 P.2d 753]
7. While living in Kansas, Krause bought a Florida farm from Preston, getting a warranty deed to the property which included a warranty of quiet enjoyment. After Krause moved to the farm, however, Jones appeared and claimed that he was entitled to possession by a lease executed by Preston AFTER Preston executed the deed. Preston had not mentioned the lease he made afterwards because he thought Krause would not move for at least a year. is he liable to Krause for damages?
- On April 1, 1985 Wood sold a resort lakefront lot on Lake Conroe to Roget, a resident of Ohio, who thought his realtor had recorded the deed. In fact, the deed was not recorded. After Wood's death on July 4, 1986, his executor checked the public records and found the deed still in Wood's name in the register. Not knowing of the deed to Roget, the executor sold the lot to Mehrens on November 1 1986. Mehrens immediately began the construction of a house; construction was completed and the house occupied by February 14, 1987. Roget retired on September 1, 1990 and drove, with his wife, to Texas with the intent of building a retirement home on the lot. When he discovered Mehrens' family in possession of the property, he brought suit to have them evicted. Mehrens counterclaimed in a "trespass to try title" action. Whose lot is it and why?
You will also be responsible for anything on your Chapter 19 – Personal Property and Bailments – , and Chapter 28 – Buying a Home – crossword puzzles.