Legal Aspects of Real Estate: Online Exam (First Tuesday)

26. An occupant of vacation property, motel or hotel for _____ is classified a transient occupant. (Page 64)

a) 30 days or less

21. is an improvement a tenant attaches to the real estate that unique to the operation of the tenant's business rather than the use of the building. (Page 49)

a) A trade fixture

76. The identification of the insured person and the property are made in _____ of the title insurance policy. (Page 219)

a) Schedule A

97. A declaratory relief action an action seeking: (Page 396)

a) a judicial declaration of the rights and obligations of parties to a disputed transaction.

41 A public nuisance a nuisance which affects: (Page 118)

a) an entire segment of the population.

6. A choice-of-law clause: (Page 16)

a) determines in advance which state's law applies in a dispute.

31. Prescriptive water rights are considered abandoned after _____ years. (Page 84)

a) five

10. A(n) is personal property which has become permanently attached to real estate. (Page 27)

a) fixture

56. _____ of an easement occurs when the servient tenement places an excessive burden on the dominant tenement. (Page 149)

a) forfeiture

49. A(n) _____ is an easement created by conduct without any prior agreement between the owner and the easement user. (Page 136)

a) implied easement

71. The grantor must _____ and the grantee must accept the deed as immediately effective for delivery of a deed to occur. (Page 197)

a) intend to convey title

92. Limited liability company (LLC) membership

a) is personal property.

47. A conservation easement is a voluntary conveyance of the right to: (Page 129)

a) keep land in its natural or historic condition.

84. One spouse can be given control of community property through the use of a(n): (Page 248)

a) limited liability company.

42. A continuing nuisance is a nuisance which: (Page 121)

a) may be reduced or terminated at any time at a reasonable expense.

75. Money losses from encumbrances are insured by a title insurance policy. (Page 218)

a) not listed as excluded or excepted from coverage, and unknown the insured individual

34. To remedy an encroachment, an affected property owner may lawfully: (Page 101)

a) pursue money losses for the diminished value of their property.

69. A grantor uses a(n) _____ to convey whatever interest the grantor may hold in real estate, without warranty that any interest exists. (Page 183)

a) quitclaim deed

90. A judgment lienholder's release of a lien against a residence accomplished by using a(n): (Page 315)

a) release of recorded instrument.

4. Eminent domain the right of the government to: (Page 3)

a) take private property for public use.

72. A void deed is: (Page 207)

a) unenforceable at all times and never conveys an interest in real estate.

100. When attorney fees exceed _____ attorney service fee agreements must be in writing. (Page 436)

b) $1,000.

25. _____ can change a tenancy relationship. (Page 63)

b) Conduct

70. _____ are for the personal benefit of the buyer only. (Page 188)

b) Implied covenants

93. A(n) _____ has priority over homestead exemptions. (Page 344)

b) Internal Revenue Service (IRS) tax lien

80. The criteria for perfecting ownership by _____ requires actual, notorious and open possession of the property. (Page 233)

b) adverse possession

60. A(n) _____ is a type of restriction which limits the use of a property to a specific purpose. (Page 155)

b) affirmative covenant

32. The _____ doctrine can be used to establish an agreed-to boundary when the true boundary line is uncertain. (Page 90)

b) agreed-boundary

45. A(n) easement in gross: (Page 126)

b) belongs to an individual and is their personal right.

79. An American Land Title Association (ALTA) title insurance policy insures against: (Page 223)

b) both recorded and off-record encumbrances.

33. A(n) is an improvement which extends onto property belonging to another person without that person's consent. (Page 100)

b) encroachment

16. A license grants its holder a(n): (Page 36)

b) exclusive privilege to use the property.

22. A lease agreement sets the terms of a: (Page 57)

b) fixed-term tenancy.

54. The release of an easement is accomplished through the use of a quitclaim deed or: (Page 149)

b) grant deed

68. A(n) _____ passes real estate ownership, with implied covenants against prior conveyances and undisclosed encumbrances, from the grantor to another individual. (Page 177)

b) grant deed

63. To be valid, a deed needs to be: (Page 168)

b) in writing.

53. An easement's use can be limited by: (Page 142)

b) its historic use

14. A _____ conveys to a tenant the right to possess a fee owner's real estate. (Page 34)

b) leasehold estate

65. A capable grantor must be: (Page 172)

b) of sound mind.

1. Under the English legal system, legal disputes were settled: (Page 1)

b) on a case-by-case basis before a judge.

88. The amount of a purchaser's lien is offset (decreased) by: (Page 294)

b) rent the buyer receives.

23. A _____ sets the terms of a periodic tenancy. (Page 59)

b) rental agreement

64. An executed oral agreement for the transfer of _____ real estate ownership will be enforced under the doctrines of or estoppel. (Page 169)

b) specific performance

36. The statute of limitations for terminating an encroachment runs _____ from the commencement of the encroachment. (Page 104)

b) three years

11. _____ is an ownership interest in real estate. (Page 34)

c) A leasehold estate

8. _____ is/are characterized as immovable. (Page 22)

c) Real estate

5. Which of these is a violation of equal protection laws? (Page 8)

c) Restrictions on selling to nonminorities.

81. Color of title is an adverse possession claim of ownership based on: (Page 235)

c) a written instrument held by the individual in possession of the property.

58. A clear intent to permanently abandon all future use of the easement is a criteria for establishing an easement's termination through: (Page 150)

c) abandonment

73. A(n) _____ can be relied upon as an accurate, factual representation of title to a property (Page 213)

c) abstract of title.

91. A lis pendens is properly used with lawsuits: (Page 325)

c) affecting title real estate.

99. The provision permitting the prevailing party in a dispute to receive attorney fees is called the: lien release buyout (Page 415)

c) attorney fees provision.

59. The _____ sets forth restrictions on how parcels of property may be used. (Page 154)

c) covenants, conditions and restrictions (CC&Rs)

62. Without a written agreement to the contrary, easement maintenance costs are shared in proportion to: (Page 162)

c) each property owner's use of the easement.

24. A _____ is a tenant who remains in possession of a property on expiration of a lease, without an agreement or acceptance of rent by the landlord for the extended occupancy. (Page 62)

c) holdover tenant

50. To establish an implied easement, the prior owner's use needs to be: owner. ownership. (Page 137)

c) intended to be permanent.

28. A license becomes _____ if the licensee makes substantial expenditures to improve or maintain the licensed property over a long period of time. (Page 74)

c) irrevocable

27. A(n) _____ allows a tenant to possess real estate to the exclusion of others. (Page 69)

c) lease

3. The federal and state governments are divided into the judicial and executive branches. (Page 2)

c) legislative

94. Slander of title refers to both slander and: (Page 357)

c) libel.

35. An equitable easement allows an encroaching neighbor to: (Page 104)

c) maintain the improvement on the owner's property.

18. A _____ is a type of improvement required under the provisions of a lease agreement. (Page 43)

c) mandatory improvement

66. A deed which _____ is still a valid conveyance of the real estate. (Page 175)

c) misnames the grantee

12. A person who holds a fee estate interest in real estate has the right to: (Page 32)

c) possess and control their property indefinitely.

78. The California Land Title Association (CLTA) title insurance policy insures against: encumbrances, or exclusions. (Page 221)

c) recorded encumbrances only, with pre-printed policy exceptions.

39. Trespassing becomes a misdemeanor when the trespasser: (Page 116)

c) refuses to leave when asked by the owner.

30. The right to use _____ water is an appurtenant right attached o the ownership of real estate. (Page 79)

c) riparian

95. A partition action is a lawsuit to: (Page 368)

c) sever or sell real estate which co-owned.

17. Improvements made to leased property to meet the needs of the occupying tenant are called: (Page 41)

c) tenant improvements.

89. The subcontractor's mechanic's lien rights may only be waived if the contractor signs a _____ in exchange for partial or full payment of the amounts due. (Page 311)

c) waiver and release

83. A(n) _____ transmutation is effective against persons relying on the record title. (Page 246)

c) written and recorded

87. _____ must pass after an owner's death before a surviving spouse may clear title in their name and sell a property. (Page 278)

d) 30 days

77. _____ are provisions added to title insurance policies to provide coverage for title conditions and economic conditions not covered by basic policies. (Page 220)

d) Endorsements

38. _____ is an example of indirect trespass. (Page 108)

d) Leaving toxic waste on another's property

57. _____ extinguishes an easement when the dominant tenement's owner permanently interferes with the use of the easement. (Page 148)

d) Prescription

74. Title insurance indemnifies a policy holder who acquires a real estate interest against: (Page 216)

d) a monetary loss caused by an encumbrance on title.

44. The _____ is the property which benefits from an easement. (Page 126)

d) dominant tenement

51. The demand for a(n) _____ arises when an owner's property is landlocked. (Page 139)

d) easement by necessity

48. When an owner conveys property, but reserves right to use a portion of the property conveyed, a(n) _____ has been created. (Page 134)

d) easement by reservation

52. A prescriptive easement is established by the adverse use of another's property for a period over: (Page 141)

d) five years.

82. A successful adverse possession claim requires the adverse possessor occupy the property for at least: months. (Page 240)

d) five years.

55. An easement is terminated by _____ when the same person acquires ownership of both the dominant and servient tenements. (Page 149)

d) merger

40. A(n) _____ is any activity which interferes with an owner's use and enjoyment of their property. (Page 115)

d) nuisance

7. The right to _____ is included in right to possess and use property. (Page 21)

d) occupy the property

67. A deed becomes effective: (Page 176)

d) on its delivery to the grantee.

15. A month-to-month tenancy is an example of a: (Page 34)

d) periodic tenancy

19. A _____ is an improvement which is authorized but not required by the landlord. (Page 46)

d) permissive improvement

2. Under Spanish civil law, legal disputes were settled by: (Page 1)

d) pre-established statutes.

61. An unenforceable restriction includes one which: (Page 156)

d) prohibits ownership by a certain race.

96. A(n) _____ is a judicial procedure employed to determine claims to nonpossessory rights in disputes over title to real estate. (Page 378)

d) quiet title action

20. A(n) is a conveyance the passage of real estate fixtures from the tenant to landlord on expiration of a lease. (Page 48)

d) reversion

85. A(n) _____ benefits real estate owners by distributing the owner's estate without resorting to probate proceedings. (Page 253)

d) revocable inter vivos (living) trust

29. A landowner's incidental property right to withdraw water from an adjacent river for beneficial use are called: (Page 78)

d) riparian rights.

9. Land includes: (Page 24)

d) soil, rocks and reasonable airspace.

46. An easement preventing interference with a neighbor's solar energy system is known as a: (Page 128)

d) solar easement.

86. Co-owners establish _____ status when they share in income from others providing tenant services which go beyond the customary services required under a lease. (Page 271)

d) tax partner

13. A(n) life estate is an interest in a parcel of real estate lasting: (Page 33)

d) the lifetime of a named individual, called a controlling life.

43. A(n) easement is: (Page 125)

d) the right of one property owner to use the property of another.

98. An investor who rent skims from five or more parcels they took title to during any _____ period may be held liable for multiple acts of rent skimming. (Page 403)

d) two-year

37 A trespass is a(n): (Page 107)

d) wrongful and unauthorized entry onto another's real estate.