PROPERTY I 
 PROFESSOR ROGER BERNHARDT 
 FINAL EXAMINATION
December 13, 2001

INSTRUCTIONS


1. This examination has two parts. Part I contains one hundred thirteen True/False questions. Part II consists of two essay questions. Be sure to do both.

 2. The entire examination is open book. Written materials of any sort are permitted. You have three hours.

 3. When you are finished turn in the following:

 a) your essay booklet.
b) your ParSCORE Test Form.
c) this entire exam booklet.

YOUR EXAM WILL NOT BE SCORED UNLESS
ALL THESE MATERIALS ARE INCLUDED.


If you have comments on any questions you want me to read, write those comments directly next to the questions themselves, and mark here on this cover what their numbers are. I won't nay attention to any written notes inside the exam book except those listed here. Be aware that a "wrong" comment can make an otherwise correct answer wrong so don't try to make each question into a little essay Oust to get extra credit.
Questions with comments:

 

 

PART II. Essay Section


1. This part constitutes 1/3 of the exam. There is one essay question in four parts which you must answer.

2. Read the facts carefully. Answers based on incorrect facts are treated as incorrect answers. If you think that important facts are missing or ambiguously stated, make reasonable and explicit assumptions about them. Do not make assumptions that make the entire problem vanish! Abbreviate where appropriate. Write legibly. I do not read illegible answers.

 

 

 

Clyde has come to visit you, because he seems to be under attack on all sides. Last year, he signed a 5 year lease to rent Lena's condo unit from her, and moved into it a year ago. Six months ago, he got the happy idea of bridge parties (a card game) at his apartment, where 12 bridge players all get together to play bridge for the evening. There is no gambling, but each person attending donates $10 at each session, which covers the coffee and cookies Clyde provides plus a little bit more for his efforts.

Clyde had recently received four letters which he brings to you to discuss. Here are excerpts from them

 

1. From Lena his landlord:

Dear Clyde: I have heard about your bridge parties. Please appreciate that Paragraph 7 of your lease provides "Tenant shall at no time permit more than four persons to ever be present in the premises at any one time. Any violation of this paragraph entitles landlord to immediately terminate the lease without further notice, evict the tenant without the need for legal process, and recover the entire balance of the rent due for the remainder of the term, whether or not tenant is ever permitted thereafter to retake possession. I intend to the enforce this provision to its fullest if you do not immediately cease using the unit for your card parties.

 

2. From Herman, manager of the condominium Homeowner's Association:

Sir. Section 13.3 of the Covenants, Conditions and Restrictions of this project provides: `No occupant shall permit his or her premises to be put to any commercial use at any time. This restriction shall be deemed to be a covenant running with the land, and is binding on all possessors of the property, whether owners or their tenants, and with or without actual notice of this restriction.' The declaration of CC&Rs was properly recorded and properly referred to in the original deed to the first purchaser of this unit; consequently we deem it unimportant whether or not it was also referred to in the deed to your landlord or in her lease to you, or whether you had actual notice of it. We deem that charging for use of the premises for card games is a violation of this Restriction, and we insist that you stop it immediately or else we shall institute litigation against you, which will seek both damages and an injunction.

 

3. From Zona, the city Zoning Administrator.

To the appropriate person. Please take notice that Article XX of the town's zoning ordinance provides: "In Zones designated ROO (Residential Owners Only), all renting of premises is prohibited. The only permitted occupants of premises in such zones shall be the owners, members of their family, domestic employees working at the premises and nonpaying social guests; occupation by paying tenants is strictly not permitted." This ordinance, which took effect last month, is by its terms made applicable to existing as well as future rentals within the zone. You are hereby ordered to vacate the premises forthwith unless you can demonstrate that you are an owner rather than a tenant of the premises involved."

 

4. From Brad, Lena's brother.

Lena may not have told you that she and I purchased the unit together 15 years ago as joint tenants. Although I have been out of the country for the past 12 years and have not contributed to the upkeep of the unit, the fact is that I have never had my name taken off the title nor ever intended to abandon my interest in it. I regard myself as the co-owner of the unit and I demand that you henceforth pay one half of your rent due under the lease every month to me rather than to Lena. PS. I have no objection whatsoever, to your bridge games inside the unit, so long as I can attend them myself without charge whenever I am in town."

 

Clyde wants to know how seriously he has to take these threats and what strategies you suggest for dealing with them. Please advise him. Deal with each letter separately, in the above order. Answer according to general law, not California statutes.