All flashcards
215 cards
122In jurisdictions following the common-law approach, if a tenant annexes a fixture to the realty during the lease, does the fixture generally belong to the tenant or to the landlord?
123What is a trade fixture?
124In jurisdictions following the common-law approach, under what circumstances may a tenant remove a trade fixture from the property?
125In jurisdictions that do not follow the common-law approach, under what circumstances may a tenant remove a fixture from the property?
126In general, are any fixtures on real property subject to a mortgage against the real property?
127In general, does a buyer of real property succeed to ownership of all fixtures on the property?
128After the expiration of a lease, may a tenant remove trade fixtures?
129Are windows that are incorporated into a house considered fixtures?
130A homeowner bought a home with the assistance of a bank that provided him a typical residential mortgage. Two years after moving in, the homeowner installed a chandelier in the dining room with the intention to make the chandelier a permanent addition to the house. Is the chandelier automatically subject to the mortgage?
131What are zoning laws?
132If one parcel of land is subject to a zoning law and a restrictive covenant that conflict with each other, which controls?
133What is spot zoning?
134Within zoning law, what is a floating zone?
135What is cluster zoning?
136A landowner owned a 100-acre unimproved plot of land. Instead of using the plot to build 100 residential homes on one-acre individual lots of land, the landowner took advantage of existing zoning regulations that allowed her to place 100 affordable residential homes on a limited portion of the entire estate (i.e., 10 acres of the plot), while also allowing her to maintain the pristine natural habitat on the remaining 90 acres for the use and enjoyment of all occupants. Is the form of zoning that authorized the landowner to implement her plan for the plot an example of cluster zoning?
137In zoning law, what is a nonconforming use?
138In general, may the government force a property owner to terminate a nonconforming use immediately upon enacting the zoning law that prohibits the use?
139Under what circumstances will a nonconforming use be deemed abandoned?
140Can a nonconforming use be terminated if the nonconforming structure is completely destroyed?
141In zoning law, what is amortization?
142A builder wanted to build a water park on a property. The builder obtained all the necessary building permits and met all the existing zoning requirements. She made tentative plans to hire engineers to create architectural plans detailing her vision, but she had not yet hired anyone to assist her. Before she could begin actual construction, the municipality in which she lived altered the zoning laws in a general manner that forbid her from building the water park. In the majority of jurisdictions, will the doctrine of vested rights allow the builder to proceed with construction?
143In the context of zoning, what is the difference between a variance and a special-use permit?
144What is the difference between a use variance and an area variance?
145What is the general federal constitutional test to determine whether a zoning law is valid?
146What is spot zoning?
147A city had a zoning law stating that all residential lots must be greater than 50 acres. The city passed a zoning amendment reducing minimum lot sizes to 10 acres. Opponents of the change said that the zoning amendment would lead to overcrowding; however, proponents of the amendment suggested that the change would lead to increased affordable housing and other benefits to the city. The new law applied to any future residential construction. Under the Euclid test, is the zoning amendment constitutional?
148What is the common-law ad coelum doctrine?
149At common law, was any intrusion into the airspace above the owner’s property considered a trespass?
150In most jurisdictions today, which rule determines whether entry of the airspace over an owner’s land is a trespass?
151Can repeated government incursions into an owner’s airspace constitute a taking of private property for public use?
152Under federal law, what are the minimum altitudes for air travel?
153Are flights below the altitudes prescribed by federal law always considered trespass?
154In general, do a surface owner’s subsurface rights tend to diminish as the distance beneath the surface increases?
155What is the difference between lateral support and subajacent support?
156What is improved land?
157What is unimproved land?
158If an actor withdraws lateral support from adjacent, unimproved land, which rule governs the actor’s liability for any resulting damage?
159If an actor withdraws lateral support from adjacent, improved land, what rule governs the actor’s liability for any resulting damage?
160If an actor removes subadjacent support from unimproived land, which rule governs the actor’s liability for any resulting damage?
161If an actor removes subadjacent support from improved land, and the land is damaged as a result, what rule governs the actor’s liability?