Chapter 1

Which of the following situations is an example of a tenancy at sufferance?

A farmer who refuses to cede possession upon lease expiration in order to harvest his crops

Agnes decides to impose a restrictive covenant (a negative covenant or deed restriction) that will apply to any future owners of the property she currently possesses. Agnes must have:

A fee simple estate

Which statement about encumbrances is correct?

A lease is an example of an encumbrance

Which of the following choices is NOT a freehold estate?

A lease that does not require rent payments

Property taxes on cooperative units are assessed in the form of:

A single tax bill, prorated among individual units

A lease that contains no mention of an occupancy period is most likely to be:

A tenancy at sufferance

The most predictable element of severance is:

Agreement

Mrs. Franklin is buying property from Mr. Akin. In order to get to her property, it is necessary to cross property owned by Mr. Travis. In the past, Mr. Travis had granted permission to Mr. Akin for this purpose. Mrs. Franklin wants to protect this privilege. What would best serve Mrs. Franklin's interests?

An appurtenant easement (survive the death of either owner)

Jones owns two tracts of land. One tract has lakefront property. Jones sells the other tract to Smith and gives him the right to cross his property in order to reach the lake. Without the right to cross Jones' property, there is no other way for Smith to reach the lake. Smith's right could be:

An easement in gross

A legal land description must:

Be sufficient to identify the property

Smith and Brown own abutting property that borders a river. Over the years, soil from Smith's riverbank is washed onto Brown's riverbank. Who owns the soil that was washed from Smith's riverbank to Brown's?

Brown

The rights of a condominium owner are defined by the:

Bylaws and condominium declaration

A woman owns an apartment building that is losing money. Her accountant tells her that she could make a profit if she sells the apartment units as condominiums. Which document must she record or provide?

Condominium instruments & POS

A person has fee simple ownership of a unit in a multi-story building. She is also required to pay property taxes on that unit. Which type of common interest ownership could the owner have?

Condominium ownership

If a man is considered a "proprietary tenant," he is most likely owns interest in which of the following types of property?

Cooperative apartment

If a husband and wife own property as tenants-in-common, which of the following statements is true?

Either may dispose of their own interest without approval of the other

What would most likely to be included in the sale of real property?

Enjoyment

A person who rents a property from June 1st to June 30th of the same year most likely has a(n):

Estate for years

Farmer Pete leases land to grow wheat. In April, Farmer Pete plants his crop, expecting to harvest in October. However, just before harvest time, his landlord successfully evicts him for nonpayment of rent. In October, Farmer Pete attempts to harvest his wheat. The wheat belongs to:

Farmer Pete, because it is personal property

In relation to lien priority, which of the following statements is incorrect?

Federal income tax liens have priority over all other liens

The original owner of a condominium unit holds which of the following interests?

Fee simple absolute in the unit

Mrs. Heckler bought a unit in a condominium apartment complex directly from the developer. She most likely received a:

Fee simple absolute interest in her unit

Which of the following is most likely to transfer with real property?

Fructus naturales

Large blocks of land are located in a rural area of a Midwestern state. This would most likely be described by:

Government rectangular survey (mid-west)

The land characteristic that is most likely the basis for a specific performance lawsuit is:

Heterogeneity

Physical Characteristics of Land

Heterogeneity (uniqueness), indestructibility, and immobility

Jones, Smith, and Williams own property as joint tenants. Which of the following statements must be true?

If Jones and Smith die, Williams will own the property in severalty

To have any legal affect, plats drawn from the lot, block, and subdivision method must:

Include a plat Be pre-approved by the country or city before recordation be recorded

A prospective buyer wants the seller to include an ornate flagpole attached to the front porch of the house. What should the agent do to best ensure the flagpole conveys?

Include the flag pole in the offer to purchase

Mary purchased the right to use an apartment for 2 weeks every year. This is an example of:

Interval ownership (time-share)

A building supplier delivers bricks to a job site on July 1st for the construction of a patio. The contractor finished the patio on July 30th and was paid. The contractor files bankruptcy on September 1st. On September 5th, the building supply company filed a mechanics lien against the owner of the property. What is the effective date of the lien?

July 1st

All of the following statements are true about land, except:

Land may be depreciated

Sam dies and leaves a valid will. Sam leaves the family farm to his children after the death of his wife, Jane. Several years after Sam's death, Jane sells her interest to Larry. Which of the following statements is true?

Larry has a life estate pur autre vie

Which phrase best explains why two physically similar parcels of real estate might have very different economic values?

Location, location, location

Three people own a piece of property as tenants-in-common. Two of the owners want to sell the property, but the third party does not. The two owners that want to sell:

May file suit for partition

Fred bought a new boat and hired a contractor to build a dock on his lakefront property. Fred did not pay the contractor. In an attempt to get paid, the contractor may file a:

Mechanics lien against the property

An appurtenant easement may be terminated by:

Merger of the dominant and servient estates

What type of legal description will most accurately describe an irregularly shaped parcel of land?

Metes and bounds

A condominium could be which of the following descriptions?

Multi-story building Townhouse community Industrial office park

Lionel rents an apartment under a three-year lease. After the first six months, the landlord sells the building. Lionel:

Need not do anything

What is the best description of ownership in severalty?

One person owns several pieces of real property

Several people hold property as tenants-in-common. One of the tenants dies. His interest in the property will:

Pass to his heirs or devisees, if any

Which of the following items is most likely to be severed?

Rail fence

Tommy the Tenant takes over a tattoo parlor from an existing tenant. The parlor came with a comfortable dentist chair, which was perfect for people to sit on while getting their tattoo. One day, the chair breaks. Tommy installs a new dentist chair that he picked up at a flea market. The new chair is:

Real property, regardless of when it is removed

Residential property may be composed of:

Single-family homes and cooperatives (& condominiums

A property has three owners. These parties own 10%, 20%, and 70% interest, respectively. What type of ownership do they have?

Tenancy in common

Mary has a life estate and her daughter has been named as the remainderman. Mary leases the property to Susan for 5 years. One year later, Mary dies. Mary's daughter serves notice to Susan to vacate the property. Which of the following statements is correct?

The lease was valid only during Mary's lifetime because it was one of the sticks in the bundle

A tenant and landlord enter into a six month lease on July 1, 2016, to expire on December 31, 2016. Which of the following statements is correct?

The lease will terminate on December 31, 2016

When a metes and bounds survey is used to describe property, the word "metes" refers to:

The length in inches, feet, or yards of a property line

Harry hired a contractor to paint the interior and exterior of his rental property. Harry did not pay, and the contractor filed a mechanics lien. Which of the following statements is true regarding the lien?

The lien only applies to Harry's rental property

Zorba leases a restaurant. He installs ovens, booths, and counters. Which of the following statements is true?

The ovens, booths, and counters can be removed by Zorba at any time before Zorba's lease expires

One house in a large neighborhood stands out because, compared to the others, it is not well maintained. Which concept best explains this single home's impact on the surrounding community?

The poorly maintained home value may rise due to immobility

A husband and wife own property as tenants by the entirety. The husband dies, leaving all his property to their son. Which of the following statements is true?

The wife owns the property in severalty

What distinguishes an easement in gross from an appurtenant easement?

Whether the benefit runs with the land

A joint tenant wants to sell his interest without consent from the other joint tenants. Can he do this?

Yes, because each joint tenant may sell independently of the others

Once created and properly recorded, may a subdivision plat be altered?

Yes, so long as new plats are created and recorded which reflect the changes to the original plat

Six months after Brady bought his home, he installed custom-made storm windows and doors. If Brady subsequently transfers title to someone else, will the storm windows and doors automatically transfer as well?

Yes, unless the parties agree that they will be removed before the sale has advanced

A datum is most likely to be

a point on the surface of a parcel

land moves by

accretion and erosion

Mr. Foster owns an automobile, a boat, a house, and a farm. He defaults on the mortgage covering his house. If a judgment lien is entered, which of the following properties could be subject to the judgment lien?

all

Not personal property

an easement

Which item is personal property?

apartment lease and business reputation

A metes and bounds survey will most likely identify:

certain encumbrances

Which of the following items is not an improvement of land?

corn crop (owned by the farmer)

A property owner may:

dispose of property, but not destroy it

The right or privilege that one has to use the property of another is:

easement, lease, and a license

Which definition is described as a trespass on an improvement?

encroachment

Which of the following items would be disclosed by a metes and bounds survey?

encroachments

The owner of a fee simple absolute estate leaves a will, which only specifies that he will leave a life estate to one party and a remainder estate to another. Upon the death of the life tenant, the remainderman could have a:

fee simple estate

Economic characteristics of land

fixity and investment permanence

A couple is buying a house with an oddly shaped living room. The seller built a custom-made bookcase to specifically fit into the room. Absent an agreement, the bookcase is most likely:

fixture

Former personal property that automatically conveys:

fixture

Jon purchased a 640 acre tract of land. Which method of legal property description would work best for Jon?

geodetic

A land description that reads "T4S, R3E" is most likely based on the:

government survey

Harry Homeowner takes pride in his property and keeps it well maintained (inside and outside of the home). However, Harry's neighbors are not so conscientious. What concept best explains why Harry's home is losing value?

immobility

A condominium association can most likely perform all of the following actions, EXCEPT:

interview prospective buyers

How can the extent of an encroachment always be discovered?

land survey

Which legal instrument could convey a tenancy for years?

lease

Zorba owns property and gladly allows his friend, Young, to use it. To best protect Zorba's interest, he should give Young:

license (permission to use the land) / licenses provides greater flexibility

The land description that uses a recorded subdivision plat is the:

lot and block system

Bobby the Buyer purchases a lot for his dream house. Since he is careful to respect the property boundaries, Bobby inspects an old description of his lot from the city archives. In part, the description states: "Starting from the Tulip Tree on the northwest corner of the Smith Farm, proceed directly due west to the banks of Jeremy's Run. Proceed south to the two Oak trees on the Jeremy Farm. Proceed east to the two large boulders. Finally, proceed north back to the Tulip Tree." This method of land description is:

metes and bounds

What would most accurately describe an irregularly-shaped parcel of land?

metes and bounds (meaty / irregular)

Boundary markers of land (natural or man-made) are best known as:

monuments

How can an appurtenant easement be terminated?

necessity no longer exist and if the easement is released by the dominant estate

The right of one party to possess and use real property exclusive of others is:

ownership

Which of the following properties may be classified as commercial?

parking lots, vacant lots, and apartment buildings

The unity that exists in both a tenancy in common and a joint tenancy is:

possession

A cooperative owner has exclusive use of her unit by reason of:

property lease

Industrial property includes all of the following uses except:

ranches

Dave had a bad year. In February, he defaulted on his mortgage. In March, a carpenter built a deck on Dave's house. In April, that carpenter secured a mechanic's lien for work and materials since Dave wasn't able to pay his bill. In June, a judge signed a judgment lien against Dave and all of his real and personal property. Finally, Dave realized that he forgot to pay his property taxes, which should have been due in August. Which of the following liens has priority after a court-ordered foreclosure of Dave's home?

real estate tax lien

Which method of legally property description relies on range lines?

rectangular

If the property title is set to pass to someone other than the grantor upon termination of an estate, the interest held by the person who will receive the property is:

remainder

Mr. and Mrs. Jones sold their home to a church, but retained the right to occupy the property as long as they lived. The interest of the church is that of a:

remainder estate

Jean transfers a fee simple interest in property to her daughter, Lisa, but reserves a life estate for herself. During Jean's lifetime, Lisa holds a:

remainder interest

Which of the following circumstances would diminish a fee simple estate?

rental property

A landlord's right to re-enter or regain possession of the premises upon expiration of a lease is known as:

reversion

Real property can be changed into personal property:

severance

All of the following terms are physical characteristics of land except:

situs

All of the following choices are considered as legal descriptions of real property EXCEPT:

street address

Which real property right automatically conveys?

surface rights, subsurface rights, and control

What is NOT considered to be a legal description of property?

taxpayer federal ID number

A group intends to buy real property jointly, as follows: Person A contributes $11,000; Person B, $10,000; Person C, $5,000; and Person D, $6,000. Each desires to protect their heirs' share of the property. How could they take title?

tenancy in common

A person enters into a lease agreement for 1 year. At the end of a year, the lease expires, but the tenant does not vacate the property. The tenant would be considered a:

tenant at sufferance, because the tenant is breaking the law

Three people inherit unequal shares of a single piece of property. How could they hold ownership?

tenants in common

Real property does not include:

trade fixture