Exam (elaborations)
REE3433, TB chapt 12 and 13, Real Law 4, REE LAW (1)
REE3433, TB chapt 12 and 13, Real Law 4, REE LAW (1)
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REE3433, TB chapt 12 and 13, Real Law 4,REE LAW
Under the attractive nuisance doctrine, a landowner will be liable when there is
something on his/her property which lures adults over the age of 18 to enter the land -
ANS-false
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-a trespasser
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
It is not possible for an interest in real estate to pass to a widow upon her husband's
death under - ANS-a deed
A restrictive covenant will still be enforced if: - ANS-it is more restrictive than the zoning
ordinance
Robin and Patrick live in a community in Orlando called Winding Ridge. The Winding
Ridge Community Association has CC&Rs requiring the landscaping to be in
well-groomed condition. Robin and Patrick move away for the summer and spend four
months in Paris. Nobody takes care of Robin and Patrick's home while they are away
and it begins to look overgrown and unsightly. Layla lives next door to Robin and
Patrick. What statement is true? - ANS-The Home Owners Association can clean-up
Robin and Patrick's property and bill the couple for the work, and place a lien on the
property if the couple does not pay the bill.
A restrictive covenant may establish a more limited use of land than allowed by a zoning
ordinance - ANS-true
Under eminent domain, the most important issue facing modern courts is whether: -
ANS-there has been a taking.
, Even though restrictive covenants are agreements made among private parties, they
can still violate the U.S. Constitution and some covenants, especially in older
documents, are simply not enforceable. - ANS-true
An innocent purchaser of land will not be held liable for environmental cleanup if he first
conducts a due diligence environmental review. - ANS-true
Under the Small Business Liability Relief and Brownfields Revitalization Act of 2002: -
ANS-all of the above.
The water supply of New York city comes from bodies of water located: - ANS-in upstate
New York where there is farmland
In order to obtain court review, a person must always exhaust all administrative
remedies first. - ANS-false
American environmental policy tends to be consistent even when one political party
replaces another in the presidency. - ANS-false
TF
A public nuisance might, in some instances, also be private nuisance - ANS-True
TF
A person who has no legal interest in property is expressly state in the US constitution -
ANS-False
TF
The constitutional right to privacy is expressly stated in the US Constitution - ANS-False
TF
A person has the right to engage in certain criminal activities in the privacy of her own
home - ANS-True
TF
The locus in quo is the owner of the place in which the personal property is found -
ANS-True
TF
In some cases a landowner's liability to a passerby differs from his liability to an
adjoining owner - ANS-True
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