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REE 3433 Exam 4 (2).
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REE 3433 Exam 4 (2).
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REE 3433 Exam 4A covenant running with the land is a written agreement that not only binds the parties
but also later owners of the land. - ANS-true
A land developer might have to comply with the Clean Air Act. - ANS-true
A nonconforming use is different from a variance. - ANS-true
A party who enters the land of another without the landowner's consent will always be
liable for trespass, no exceptions. - ANS-false
A person has the right to engage in certain criminal activities in the privacy of her own
home, depending upon state law. - ANS-true
A person who has not been negligent and has not intentionally caused injury may still
be liable under tort law for another kind of action. - ANS-true
A traveling salesman who calls upon a homeowner to sell his wares would be initially be
considered an invitee. - ANS-false
Although the Environmental Protection Agency is an independent administrative
agency, its head can be removed by the president without giving a reason. - ANS-true
Carl, an avid environmentalist, sued a large steel mill in his town under a theory of
private nuisance. Carl's lawsuit will be dismissed because this action is beyond the
limits of private nuisance. - ANS-true
Christine was living in a house for several years prior to the time Sadie moved into the
house next door. After a year of living there, Sadie put up a fence on her side yard
bordering Christine's yard on what Sadie truly thought was the correct boundary for her
property. After 25 years, Christine was selling her property and the purchaser hired a
surveyor, only to find out that Sadie's fence encroached on to Christine's property by
five feet. In most states, Sadie can now claim the five foot strip of land by adverse
possession. - ANS-true
Federal and state governments use three methods to acquire privately owned land.
Which of the following is not one of them? - ANS-Zoning
, Generally, a covenant not to compete is a clause in a lease stating that other tenants
shall not engage in a certain business similar to the business of the tenant in the lease
at hand. - ANS-true
Generally, when courts award just compensation in eminent domain cases, they do not
allow evidence of lost profits for businesses that are able move to another location. -
ANS-true
Hank entered Polly's store to purchase a bottle of wine. Hank sought and was granted
permission to drink from a drinking fountain in a restricted area of the store. After
drinking from the, fountain, Hank entered another, separate restricted area. Hank is: -
ANS-tresspasser
If a landowner is aware that a trespasser is on the property most states require only that
he exercise reasonable care in making sure the trespasser is not injured. - ANS-true
In exclusionary zoning cases, all courts have decided that the zoning laws in question
are valid for ecological or environmental reasons. - ANS-false
In nuisance cases, courts consider the following factors) in determining the
reasonableness of the activity: - ANS-the societal value of the harmful activity.
In order for a variance to be granted, there must be proof that: - ANS-- the variance will
not change the neighborhood's essential character
- the hardship caused by the zoning ordinance is unique to the property in question and
does not affect other property in the same area.
In order to have standing, a person must prove that he individually suffered an
economic injury. - ANS-false
In order to obtain court review, a person must always exhaust all administrative
remedies first. - ANS-false
Jason and Sonny were at a cocktail party. Suddenly, Luis walked up to Sonny and said,
"You set fire to my warehouse" and punched him on his face. Sonny can sue under the
theory of: - ANS-intentional tort;
Only the United States government has the right to take private property for public
purposes. - ANS-false
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