Legal Aspects of Real Estate

37. A property tax is actually a: a. voluntary lien. b. general lien. C. specific lien. d. special lien.

C. specific lien.

18. Which of the following lines do NOT run east and west? a. Principal meridians b. Base lines c. Correction lines d. Township lines

a. Principal meridians

34. When someone creates an easement by making long and continuous use without the permission of the owner, it is called: a. easement by prescription. b. easement at will. c. easement in gross. d. anotorious easement.

a. easement by prescription.

28. Support from adjacent land is called: a. lateral support. b. subjacent support. c. horizontal support. d. alluvial support.

a. lateral support.

17. The government survey system is also called the: a. rectangular survey method. b. principal meridian method. c. base line method. d. square survey method.

a. rectangular survey method.

33. The land burdened by an easement is called the: a. servient tenement. b. dominant tenement. c. servient tenant. d. dominant tenant.

a. servient tenement.

43. | The most basic form of concurrent ownership is: a. tenancy in common. b. severalty. c. joint tenancy. d. community property.

a. tenancy in common.

14. Litigants are able to find out more about the disputed facts in a case through: a. the discovery process. b. settlement negotiations. c. a summons and complaint. d. the trial proceedings.

a. the discovery process.

94. Which of the following is NOT a test for a fixture? a. Method of attachment b. Age of the fixture c. Adaptation to the realty d. Relationship of the parties

b. Age of the fixture

39. The tax on a parcel of real estate is calculated by multiplying the tax rate by the: a. gross domestic product. b. assessed (taxable) value. c. consumer price index. d. county sales tax rate.

b. assessed (taxable) value.

7. A proposed law in Congress is called a(n): a. ordinance . b. bill. c. act. d. petition.

b. bill.

1. Long established rules derived from judicial decisions founded on English law are sometimes referred to as: a. cannon law. b. common law. c. colonial law. d. capital law.

b. common law.

31. A leasehold estate for a fixed time period is a(n): a. periodic tenancy. b. estate for years. c. tenancy at will. d. none of the above.

b. estate for years.

20. Irregular sections are called: a. odd townships. b. government lots. c. convergence ranges. d. surveying lots.

b. government lots.

22. A bench mark is a(n): a. position where a bench is located. b. marker that states the location relative to the datum. c. artificial horizontal plane of elevation. d. none of the above.

b. marker that states the location relative to the datum.

16. The starting point of a metes and bounds description is called the: a. starting point. b. point of beginning. c. beginning point. d. origination point.

b. point of beginning.

42. A declared homestead exemption is established by: a. signing a promissory note. b. recording a declaration of homestead. c. running a 3-day notice in a paper of general circulation. d. posting an 8 x 10 sign on the homesteaded property.

b. recording a declaration of homestead.

30. The duration of a life estate 1s based on: a. the laws of the county in which the property is located. b. the length of someone's life. c. established state laws. d. the wishes of the life tenant.

b. the length of someone's life.

12. An appellate court will NOT change a trial court's decision if: a. the judge committed an error. b. the losing party considered the jury incompetent. c. the error concerned a question of law. d. the error was prejudicial.

b. the losing party considered the jury incompetent.

40. The first installment on property taxes is delinquent if not paid by: a. 5PM on April 10. b. 5PM on November 1. c. 5PM on December 10. d. 5PM on June 1.

c. 5PM on December 10.

5. Amendments to the Constitution guarantee which of the following with regards to property and the real estate profession? a. Due process b. Equal protection c. Just compensation d. All of the above

c. Just compensation

6. The laws adopted by Congress and the state legislatures are called: a. ordinances. b. articles. c. acts or Statutes. d. bills.

c. acts or Statutes.

9. The rules of law developed by judges are called: a. tort law. b. judicial law. c. case law. d. code law.

c. case law.

4. A tort is a: a. criminal wrong. b. type of contract. : c. civil wrong. d. capital offense.

c. civil wrong.

35. Unlike an easement, a license does NOT: a. grant permission to enter another S property. b. have a temporary time period. c. create an interest in the property. d. allow the owner to revoke It.

c. create an interest in the property.

15. The oldest method of describing land is: a. government survey. b. lot and block. c. metes and bounds. d. sections and townships.

c. metes and bounds.

13. A case will NOT necessarily be heard in state court if: a. no federal question is present. b. there is no diversity of citizenship. c. the U.S. government is a party. d. it involves real property issues.

c. the U.S. government is a party.

19. The square of land located at the intersection of a range and township tier is called a: a. government lot. b. subdivision plat. c. township. d. range lot.

c. township.

25. Fixtures installed for use in a tenant's business are called: a. real property fixtures. b. business fixtures. c. trade fixtures. d. operating fixtures.

c. trade fixtures.

21. Many final subdivision maps include which of the following? a. Measurements of area b. Easement locations and dimensions c. Location of survey markers d. All of the above

d. All of the above

26. Which of the following is a water right? a. Riparian b. Overlying c. Appropriative d. All of the above

d. All of the above

38. Which of the following is NOT subject to property taxes? a. Federal property b. State property c. Educational property d. All of the above

d. All of the above

8. Most legislation becomes effective: a. within 30 days of adoption. b. December 31 of the same year. c. immediately. d. January 1 of the next year.

d. January 1 of the next year.

32. Which of the following gives someone other than the owner a right to do something on the land or take something from the land? a. Neutral easement b. Restrictive easement c. Negative easement d. Positive easement

d. Positive easement

10. A court decision may be binding on all other judges. It depends on: a. jurisdiction. b. position in the court hierarchy. c. a written opinion. d. all of the above.

d. all of the above.

11. An opinion written by a court states: a. the decision. b. the facts of the case. c. the court's reasoning. d. all of the above.

d. all of the above.

29. A fee simple estate is: a. inheritable. b. transferable. c. perpetual. d. all of the above.

d. all of the above.

41. A state tax lien would be junior to the recorded interest of a: a. mortgage or trust deed lender. b. mechanic's lien holder. c. judgment lien creditor. d. all of the above.

d. all of the above.

45. Joint tenancy requires unity of possession and: a. unity of interest. b. unity of time. c. unity of title. d. all of the above.

d. all of the above.

44. A tenant in common is free to: a. sell his or her interest. b. will his or her interest. c. encumber his or her interest. d. any of the above.

d. any of the above.

3. A litigant is: a. the plaintiff. b. the defendant. c. neither a nor b. d. both a and b.

d. both a and b.

23. Natural attachments that are planted and cultivated are called: a. fructus naturales. b. fructus plantas. c. fructus humungus. d. fructus industriales.

d. fructus industriales.

27. The fact that a property owner who drills a well on his or her land owns all of the oil and gas the well produces, falls under the: a. law of private withdrawal. b. 1922 Bureau of Mines law. c. riparian rights law. d. rule of capture.

d. rule of capture.

2. Procedural law: a. establishes and defines rights and duties. b. is really Spanish law. c. is strictly federal law. d. sets out the methods of enforcing substantive rights.

d. sets out the methods of enforcing substantive rights.

36. A mortgage is an example of a(n): a. mechanic's lien. b. performance lien. c. involuntary lien. d. voluntary lien.

d. voluntary lien.