Property Law Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property Law flashcards as text
A tenant remains in possession after a one-year lease expires and the landlord accepts a monthly rent check. What tenancy exists?
Answer: Periodic tenancy
Acceptance of rent from a holdover tenant creates a periodic tenancy measured by the rent payment interval in most jurisdictions.
A landlord fails to fix a broken heating system in winter despite notice, making the apartment unlivable. The tenant moves out and stops paying rent. The tenant's best defense to a rent suit is:
Answer: Constructive eviction
A landlord's failure to remedy conditions that substantially interfere with habitability, followed by the tenant vacating within a reasonable time, constitutes constructive eviction.
A lease bars assignment without the landlord's consent. The tenant transfers the remaining lease term to X anyway. The transfer is:
Answer: Valid but a breach giving the landlord remedies
Under the majority rule, an assignment made in violation of a consent clause is effective but breaches the lease, allowing the landlord to pursue remedies.
For 20 years, A openly drives across B's Oklahoma land on a visible dirt road without permission. B sues to stop the crossings. A's best claim is:
Answer: Prescriptive easement
Open, notorious, hostile, and continuous use of another's land for the 15-year prescriptive period in Oklahoma creates a prescriptive easement.
O owns two lots and sells the rear landlocked lot to A with no mention of access. A's strongest claim for access over O's retained lot is:
Answer: Easement by necessity
An easement by necessity arises when a common owner severs land and the conveyed parcel is left without access to a public road.
A holds an easement across B's land to reach A's parcel. A later buys B's parcel. What happens to the easement?
Answer: It is extinguished by merger
When the dominant and servient estates come into common ownership, the easement is extinguished by merger and does not automatically revive.
A sublessee fails to pay rent. May the landlord recover the rent directly from the sublessee under the original lease?
Answer: No, because there is neither privity of estate nor privity of contract with the sublessee
A sublessee is in privity with only the original tenant, so the landlord cannot sue the sublessee for rent absent an assumption agreement.