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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
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.