chapter 2

a restrictive covenant would most likely be reinforced by a an injunction b eminent domain c writ of attachment d cease and desist order

a

each of the following entities has the power of eminent domain EXCEPT a religious schools b railroads c public utilities d school districts

a

if a third party is not named the grantor of a life estate retains a a reversionary interest b less-than-freehold estate c remainder estate d fee simple determinable estate

a

laws that set minimum construction standards are a building codes b zoning codes c environmental laws d condemnation laws

a

powers of the federal government include all of the following EXCEPT a the right to impose a tax lien for unpaid real property taxes b the right to condemn property for the public good c the right to take title to property that is unclaimed d the right to impose a tax lien for unpaid estate taxes

a

sam has a life estate in a five-acre tract of land when sam dies the property will pass to his nephew sam wishes to sell his interest in the property which of the following is true a sams buyer will acquire the same interest held by same b sam cannot sell his interest c sams nephew can sue to prevent the sale d sam can only sell his interest with his nephews permission

a

the creation of an easement by prescription is most similar to a adverse possession b unlawful detainer action c accretion d police power

a

which best describes marketable title a reasonably free from the risk of litigation over possible defects b the right to obtain ownership to property when title is held in anothers name c proof of ownership d statement of opinion

a

which is an example of constructive notice a recording documents in the land records b telling a person that you have an easement across his land c receipt of a building permit d a neighbor telling you about a mineral right he has to your land

a

which of the following is NOT an encumbrance that affects property physically a mechanics liens b deed restrictions c encroachments d both mechanics liens and deed restrictions

a

all of the following are encumbrances EXCEPT a easements b emblements c mortgages d restrictions

b

an estate that may be terminated by any party at any time is an estate a for years b at will c in possession d in termination

b

carol has a right to use freds driveway for her lifetime carol has an a life estate b easement in gross c license to us d riparian rights

b

jones buys a lot that has no access by way of a public road he can gain access to his land by way of his neighbors land that has public road access a only if the grantor of the property caused the lot to be landlocked b only if his neighbor agrees to give him an easement c only by establishing an easement by prescription d either if the grantor of the property caused the lot to be landlocked or if his neighbor agrees to give him an easement

b

police power includes all of the following EXCEPT a zoning and building codes b the right to take property when its owner dies without a will and without any heirs c government land-use regulations d real estate licensing laws

b

the distance required between a building and the street or property line is the a base line b setback c buffer zone d abatement

b

the governments right to make laws and regulations for the general welfare is know as a eminent domain b police power c escheat d bundle of rights

b

the order of priority of liens would most likely by a mortgage tax mechanics b tax mortgage mechanics c mechanics tax mortgage d mortgage mechanics tax

b

the purpose of city planning is to a establish commerce in a city b guide the future development of a city c enact taxation laws d create employment

b

the system which provides notification of ownership rights and claims by certain creditors against real property is created by the a federal constitution b state recording act c federal legislation d state statute of frauds

b

what is the one unity in a tenancy in common ownership a interest b possession c time d title

b

which is NOT an inherent title right? a possession b right to have a pig farm c occupancy d use

b

which of the following is NOT a freehold estate a life estate b leasehold estate c fee simple estate d fee simple determinable estate

b

which of the following is NOT a leashold estate a estate at will b life estate c estate at sufferance d estate for years

b

which of the following is NOT true about title insurance? a the policy will include a list of exclusion b it is the same as homeowners insurance c it will insure the owner against losses arising from title defects d it will generally include exclusions for unrecorded easements

b

zoning laws are created and enforced by a city governments only b city and county governments only c city county and state governments only d city county state and federal governments

b

a city would use its zoning powers for all of the following EXCEPT a land use control b building permit requirements c restrictions on occupancy to single women only d fire and safety

c

a landscaper has not been paid for landscaping a homeowners yard a friend tells him the house is for sale what should the landscaper do a sue the listing agent b file an injunction c file for a lien d write a letter to the owners demanding immediate payment

c

a lien attached to one parcel of real estate a is a statutory lien b arises from a voluntary agreement c is a specific lien d is a federal tax lien

c

a married woman may NOT own property with a man other than her husband as a tenants in common b joint tenants c tenants by the entireties d all of the above

c

a tenancy in severalty exists when a husband and wife own property together b any related persons hold real estate together c one person owns real estate d tenant has the right to subject

c

condemnation is the exercise of a eviction b estoppel c eminent domain d escheat

c

except for tax liens and in some states mechanics liens priority of the liens is determined by a amount of the debt b date of default c date of recording d court at time of foreclosure

c

which is NOT a cloud on title a valid first mortgage b a recorded contract for deed under which the buyer has defaulted but the contract has not been removed c lack of recorded certificate of title insurance d a recorded mortgage that has been paid in full but not released

c

which of the following is NOT a private limitation on title a liens b deed restrictions c eminent domain d encroachments

c

which of the following is NOT a specific lien a recorded property tax lien b mechanics lien c judgment lien d mortgage lien

c

which of the following is NOT a type of title? a bare legal title b naked title c full title d equitable title

c

which of the following is NOT true about a title search a it is an examination of public records b the purpose is to determine defects in the chain of title c the title searcher goes back at least 100 years d it is usually performed by a title company or title abstractor

c

a country store located in a residential area burns down which of the following is most likely a the owner can rebuild the building exactly as it was b the owner may rebuild a store only if he obtains a variance or spot zoning c the owner may restore the building to its original condition d the owner may not rebuild at all

d

a lien that is established by the state legislature is a a statutory lien b a legislative lien c an involuntary lien d both a and c

d

jim and sally own adjoining properties sallys deed gives her the right to cross jims property sallys right is know as a an easement by necessity b an easement in gross c a license d an easement appurtenant

d

permission granted to hunt on anothers land is an example of a an incorporeal easment b a license c an easement by prescription d an easement appurtenant

d

private restriction cannot a be based on aesthetic consideration b restrict the owners lawful use of the land c take precedence over a zoning ordinance unless they are more restrictive that the zoning ordinance d restrict the grantees conveyance of the property

d

property held in joint tenancy passes to the _____ upon the termination of one of the owners a landlords b state c hears of the deceased d surviving owners

d

sare build an addition to her home part of which turns out to be on land belonging to june this is an example of a accretion b riparian c easement d encroachment

d

the owner of an undivided interest in land with no right of survivorship owns it as a a tenant-in-common b joint tenant c tenant in severalty d either tenancy in common or tenancy in severalty

d

when the last heir of a property owner dies absent a provision in a will devising the property title will revert a heirs of the deceased b landlord c utility company d the state

d

which is specifically used to control density and overcrowding by regulating setbacks building heights and percentage of open areas a PUD b master plan c spot zoning d bulk zoning

d

which of the following is NOT a correct statement about encumbrances a they are limitations on the right of property owners b they are interests held by any person other than the property owner c encumbrances restrict the use of the property d encumbrances do not affect the title of the propert

d

which of the following is an enforceable deed restriction a exterior design b building size c limitations on the height of trees d all of these choices are enforceable

d

which of the following statements about liens is ALWAYS true a a lien is an encumbrance on title b a lien arises from a debt c a lien creates a cloud on title when recorded d all of the above

d

t/f? a party wall agreement is a personal easement in gross

false

t/f? a writ of attachment is a statutory lien

false

t/f? alienation refers to change of ownership by deed

false

t/f? an acknowledgement means that you agree to what you signed

false

t/f? an easement by implication is one created by operation of law

false

t/f? an easement is just another form of encroachment

false

t/f? bulk zoning controls industrial construction

false

t/f? constructive notice means that an individual has seen of been given actual information or documents

false

t/f? government can regulate land use any way they want

false

t/f? if one owner in a joint tenancy sells his interest the purchaser will be a joint tenant as well

false

t/f? in a tenancy by the entireties each spouse owns a 50% interest in the property

false

t/f? life tenants may do anything they want to with the premises of their life estate property

false

t/f? most title insurance policies protect the title against encroachments

false

t/f? police power is the same thing as eminent domain

false

t/f? restrictive covenants are not encumbrances against property

false

t/f? suppliers can get a mechanics lien only if they have an express written contract for the material supplied

false

t/f? surveys just measure the boundaries of land

false

t/f? taxes do not become liens until due date for payment has passed

false

t/f? the decision of a zoning board is final

false

t/f? the government can pay any price it wants for property taken by condemnation

false

t/f? the word 'fee' means possession

false

t/f? you could sue a municipal fire department for damaging your building in the process of putting out a fire

false

t/f? a residential are can be rezoned so that no further home can be built

true

t/f? a survey performed after an encroachment should reveal the encroachment

true

t/f? a zoning board could issue a permit for a hospital to be built in an are zoned residential

true

t/f? an IRS lien is a general lien

true

t/f? an abstract of title is a full summary of the title history with a statement of all recorded liens and encumbrances

true

t/f? an easement by necessity is one created by operation of law

true

t/f? an easement may be accomplished by operation of law through the governments power of eminent domain in condemnation proceedings

true

t/f? an encumbrance is an impediment on the title

true

t/f? bare legal title lacks the usual rights and privileges of ownership?

true

t/f? building codes are sometime based on national standards

true

t/f? community property is a statutory estate

true

t/f? easements are terminated when the need for the easement no longer exists

true

t/f? escheat keeps property from becoming ownerless

true

t/f? fee simple title can be held in a trust

true

t/f? if a property owner holds fee simple defeasible title his or her title is subject to certain specified conditions

true

t/f? inquiry notice is legal notice presumed by law

true

t/f? judgement liens are general statutory involuntary liens that attach to real and personal property

true

t/f? most incorporated cities and counties in the united states have land records?

true

t/f? restrictive covenants are a type of private zoning

true

t/f? state and local government police power is derived from the us constitution

true

t/f? tenancy by the entireties will be severed by divorce

true

t/f? tenancy in common is the most common form of co-ownership

true

t/f? the federal government also has the power of eminent domain

true

t/f? the wording in a deed ' to b for the life of c' creates an estate know as pur autre vie

true

t/f? you could have a lien on your property as a result of the country installing sidewalks in your neighborhood

true

t/f?it is possible for the creator of the trust the trustor and the beneficiary to be the same person

true

which of the following types of ownership CANNOT be created by operation of law but must be created by the parties expressed intent? a community property b tenancy in common c joint tenancy d tenancy at will

C