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MMLU / A landlord is the owner in fee simple of a tract ofland on which is situated a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A landlord is the owner in fee simple of a tract ofland on which is situated a studio. The landlordleases the land and building thereon to a tenant fora term of seven years, commencing on August 1,2001, and terminating at midnight on July 31, 2008. The lease contains the following provisions:"(1) The tenant covenants not to assign the leased premises without the consent of the landlord. "After three years of the lease had expired, the tenant, without the consent of the landlord, assigned the entire balance of the lease period to a dance instructor, who took immediate possession of the leased property. The landlord accepted rental payments from the dance instructor. Then in 2005, the dance instructor assigned his leasehold interest to a yoga instructor who went into possession. Assume for the purposes of this question only that the landlord, after learning of the dance instructor's assignment to the yoga instructor, brings suit against the dance instructor to have the assignment declaredvoid. The landlord will most likely

choices

  1. succeed, because the original leasehold agreement prohibited assignments.
  2. succeed, because the covenant prohibiting assignments did not run with the land.
  3. not succeed, because in accordance with the Rule in Dumpor's Case, where the landlord consents to one transfer, he waives his right to avoid future transfers.
  4. not succeed, because the privity of estate between the dance instructor and the landlord terminated when he assigned the leasehold to the yoga instructor.

subject

professional_law

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Source and history

task_id
087585df-08c2-5c38-b892-7beddb775de1
task_key
all--test--087585df-08c2-5c38-b892-7beddb775de1
task_revision_id
1
config / split
all / test

Official source

initial import