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REE 3433 Quiz review
REE 3433 Quiz review
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REE 3433 Quiz reviewA due diligence environmental review typically involves a review of the public records,
interviews and questionnaires with those familiar with the area, a visit to the site, and an
analysis of any environmental records possessed by the seller. What is the name of this
review? - ANS-Phase 1
A land developer might have to comply with the Clean Air Act. - ANS-True
A landlord may be held liable for injuries on the premises where the injuries:
a. occurred in an area controlled by the landlord.
b. resulted from the landlord's attempt to repair the property --even when the landlord
had no duty to repair.
c. were caused by a criminal.
d. all of the above. - ANS-d. all of the above.
A nonconforming use is different from a variance. - ANS-True
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 public nuisance might, in some instances, also be a private nuisance. - ANS-True
A traveling salesman who calls upon a homeowner to sell his wares would be initially be
considered an invitee. - ANS-False
American environmental policy tends to be consistent even when one political party
replaces another in the presidency. - ANS-False
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
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
Examples of a public nuisance include: - ANS-Two of The above (a and b)
Generally a court may substitute its opinion for that of an agency, so long as the
"ripeness" requirement is met. - ANS-False
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
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
Herington Shoes, Inc., a giant shoe manufacturer, sold its land to Naylor Appliances,
Inc. The land was later found to be highly contaminated with harmful chemicals.
Herington, Inc, however, had sold the land to Naylor, Inc. "AS IS" with a provision that if
there are any cleanup costs, Naylor would have to pay for them entirely and would hold
Herington harmless for any of the costs. Eventually, Naylor Appliances went out of
business and filed for bankruptcy. The EPA is now pursuing Herington Shoes, and no
other party, for the cleanup costs. In this situation: - ANS-???
A. Herington is still responsible because the "AS IS" provision does not affect the EPA's
rights.
B. Herington is responsible for only its share of the contamination.
C. Herington is responsible only if the EPA can prove it had intentionally dumped the
contaminants.
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
If a lease expressly prohibits "assignment" by the tenant, the tenant is also expressly
forbidden from subletting the property. - ANS-False
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