1) Compare and contrast condominiums with cooperatives.
2) Match the following:
A) Tenancy at sufferance
B) Term Tenancy
C) Tenancy at will
D) Periodic tenancy
1) Has a specific beginning and ending date
2) Exists as long as neither party chooses to terminate it
3) Continues from period to period until terminated by one of the parties giving proper notice
4) Exists when a person is wrongfully in possession of another’s land without a valid lease
2. Name two ways in which a periodic tenancy can be created.
3. Define the term holdover tenant.
3) Addison leased a unit in an apartment building from Seikely. He tripped over a loose board on an exterior stairway and was injured. He sued Seikely, claiming negligent maintenance of the common stairway. Seikely offers as a defense that a clause in the lease excuses him from liability for any injury incurred on the premises. Discuss the validity of Seikely’s defense.
4)Hamilton and Tucker owned adjoining farms, For more than 40 years Mrs. Tucker, her predecessors in title, her agents, and her employees reached her farm by a roadway across the Hamilton farm.
At one time, the two farms had been a single unit, but it had been divided in 1884 by Tucker’s grandfather. He had given approximately 200 acres to each of his two sons. The Hamiltons purchased their farm in 1972 from the widow of one of the sons.
On purchasing the farm, the Hamiltons blocked the roadway to the Tucker place. Tucker seeks an injunction to restrain this action. Will she succeed? Discuss. Mcllroy v, Hamilton, 539 S.W.2d 669 (Mo. Ct. App. 1976).