OK Bar Property Law 3

Question 1

A tenant remains in possession after a one-year lease expires and the landlord accepts a monthly rent check. What tenancy exists?

Accepted Answer

Periodic tenancy

Answer

Acceptance of rent from a holdover tenant creates a periodic tenancy measured by the rent payment interval in most jurisdictions.

Question 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:

Accepted Answer

Constructive eviction

Answer

A landlord's failure to remedy conditions that substantially interfere with habitability, followed by the tenant vacating within a reasonable time, constitutes constructive eviction.

Question 3

A lease bars assignment without the landlord's consent. The tenant transfers the remaining lease term to X anyway. The transfer is:

Accepted Answer

Valid but a breach giving the landlord remedies

Answer

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.

Question 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:

Accepted Answer

Prescriptive easement

Answer

Open, notorious, hostile, and continuous use of another's land for the 15-year prescriptive period in Oklahoma creates a prescriptive easement.

Question 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:

Accepted Answer

Easement by necessity

Answer

An easement by necessity arises when a common owner severs land and the conveyed parcel is left without access to a public road.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Property Law 3