Moseley Real Estate: Chapter 3 Quiz
A restrictive covenant would most likely be enforced by: Select one: A. A neighbor B. A zoning official C. A police officer D. A judge
D. A judge
A person who owns a fee simple estate could be subject to which of the following controls? Select one: A. Zoning and building codes B. Subdivision restrictions C. Escheat D. All of the above
D. All of the above
Building codes: Select one: A. Could be based on national standards B. Are enforced locally C. Involve a certificate of occupancy D. All of the above
D. All of the above
Condemnation requires that: Select one: A. The public benefit B. The owner be paid C. No other property is available D. All of the above
D. All of the above
Private restrictions on the use of land may be created by: Select one: A. Deeds B. Written agreement C. General restrictions in a subdivision's regulation D. All of the above
D. All of the above
Valid restrictive covenants: Select one: A. Restrict what an owner may do on his own land B. Run with the land C. May appear in a lease D. All of the above
D. All of the above
Which of the following could be an enforceable deed restriction? Select one: A. Exterior design B. Building size C. Limitations on the height of trees D. All of the above
D. All of the above
Which of the following provisions is NOT an enforceable deed restriction? Select one: A. Exterior design B. Building size C. Landscaping set back D. All of the above are enforceable
D. All of the above are enforceable
Restrictive (negative) covenants cannot: Select one: A. Be based on aesthetic considerations alone B. Restrict the owner's lawful use of the land C. Be enforced over zoning ordinance, unless they are less restrictive than the zoning ordinance D. Be too broad
D. Be too broad
All of the following situations are examples of downzoning, except: Select one: A. From single family dwellings to multi-unit apartments B. From agricultural use to single-family dwellings C. From single-family dwellings to a conversation area D. Both A and B
D. Both A and B
The government's right to take private property for public improvements is subject to all of the following requirements, except: Select one: A. The ownership interest held by the current owner B. Public purpose C. Economically profitable uses of the land by the owner D. Both A and C
D. Both A and C
Zelda wants to move into a subdivision with her giraffe. Which of the following items will best determine whether she can keep her giraffe on the property? Select one: A. The Constitution B. Zoning ordinances C. Deed restrictions D. Both B and C
D. Both B and C
Which of the following is derived from the police power of government? Select one: A. Escheat B. Eminent domain C. Taxation D. Building codes
D. Building codes
Building codes are enforced by: Select one: A. Federal authorities B. State agencies C. Zoning board D. Building permits
D. Building permits
Which regulations are designed to control density and over-crowding? Select one: A. Buffer zoning B. A master plan C. Spot zoning D. Bulk zoning
D. Bulk zoning
Which of the following does NOT reflect current real estate market conditions? Select one: A. Building permits B. Deed recordings C. Mortgage recordings D. Divorce filings
D. Divorce filings
The state decides to widen a highway. It will be necessary to use six feet of private property on each side. The state's power to take this property is derived from: Select one: A. Police power B. Zoning power C. Condemnation proceedings D. None of the above
D. None of the above
A restrictive covenant in a deed could: Select one: A. Prohibit resale of the property B. Override zoning regulations C. Prevent the resale of the property to people with children D. Prevent the use of the property as a bar
D. Prevent the use of the property as a bar
A buffer zone would most likely separate: Select one: A. Office space from retail space B. Light industrial from heavy industrial C. Open space from residential D. Residential from commercial
D. Residential from commercial
All of the following are limitations to property ownership, EXCEPT: Select one: A. Zoning B. Police power C. Building codes D. Seisin
D. Seisin
A gas station was built in 1938. The surrounding area was zoned as residential in 1960. The gas station is an example of: Select one: A. A non-conforming use B. Planner urban development C. Down zoning D. Gentrification
A. A non-conforming use
Deed restrictions are imposed by: Select one: A. Developers B. Zoning ordinances C. Neighborhood associations D. All of the above
A. Developers
A property has a deed restriction that prohibits raising livestock. However, local zoning permits livestock on the property in question. May the property owner raise livestock? Select one: A. No, because the owner must follow the deed restriction over the zoning ordinance B. No, because the deed restriction existed before the zoning ordinance C. Yes, because private agreements cannot overrule a zoning ordinance D. Yes, because estoppel will prevent enforcement of the deed restriction
A. No, because the owner must follow the deed restriction over the zoning ordinance
Jon wants to build a house on his lot. The house will sit 20 ft. from the front lot line. The city ordinance calls for a minimum setback of 25 ft. May Jon build his house in the manner described? Select one: A. No, unless Jon receives a zoning variance B. Yes, so long as Jon obtains spot zoning C. Yes, so long as Jon receives a special use permit D. Either A or C
A. No, unless Jon receives a zoning variance
Deed restrictions are usually imposed by: Select one: A. Owners B. Zoning C. Neighborhoods D. Governments
A. Owners
The purpose of a zoning ordinance is to: Select one: A. Promote public welfare B. Promote building conformity C. Control competition D. Promote property values
A. Promote public welfare
The transfer of title from the government to an individual is called a(n): Select one: A. Public grant B. Dedication C. Foreclosure D. Accession
A. Public grant
Which zoning decision is most likely to be stricken down upon appeal? Select one: A. Spot zoning B. Down zoning C. Special use zoning D. Not enough information to tell
A. Spot zoning
An owner has been using a parcel of land for heavy industry since 1973. Subsequently, the property is zoned commercial, excluding industrial uses. The owner's continued industrial use of the property is a(n): Select one: A. Violation of the existing zoning B. Deviation from the master plan C. Zoning variance D. Illegal non-conforming use
A. Violation of the existing zoning
In a residential subdivision, the developer establishes a central playground that uses four feet from each owner's backyard. Brynes wants to put an organic garden in his backyard, but a central playground swing set sits in that location. In response, Brynes plans to remove the swing set to make room for his garden. His neighbor objects. What can the neighbor do? Select one: A. Nothing, so long as Brynes owns the property in question B. Ask a court for help C. Nothing, if the statutory period for adverse possession has run D. Seek a lis pendens
B. Ask a court for help
The police power includes all of the following regulations EXCEPT: Select one: A. Zoning and building codes B. Condominium covenants, rules, and regulations C. Government land-use regulations D. Real estate licensing laws
B. Condominium covenants, rules, and regulations
Deed restrictions usually affect: Select one: A. The current owner only B. Current and subsequent owners C. Subsequent owners only D. All property owners within local government boundaries
B. Current and subsequent owners
Zoning appeals boards are intended to satisfy: Select one: A. Equal protection B. Due process C. Takings clause D. Master plans
B. Due process
One of the principal purposes of zoning is to: Select one: A. Restrict business activities B. Effectively plan C. Affect property values D. Generate revenue through taxes
B. Effectively plan
Which of the following statements must be true of an industrial park? Select one: A. It is surrounded by a buffer B. It is zoned industrial C. It is leased from a developer D. Both A and B
B. It is zoned industrial
What is the difference between an easement and a deed restriction? Select one: A. One can "run with the land" and the other cannot B. One controls the use and the other controls the access C. One is created in a deed and the other is not D. Both must be in writing
B. One controls the use and the other controls the access
Desmond the Developer owns a 30-acre tract of land along a major river. He plans to build a river front community in this location. However, before applying for his building permit, Desmond realizes that the zoning has changed to prohibit residential development. Desmond will likely: Select one: A. Receive compensation if he sues on a theory of inverse condemnation B. Receive no compensation because the regulation is not pervasive C. Receive just compensation following condemnation D. Receive compensation only if the zoning change is for a public purpose
B. Receive no compensation because the regulation is not pervasive
A gas station is located in an area that is currently zoned as residential. One night, the gas station is destroyed in a windstorm. Which of the following statements is most likely to be true? Select one: A. The owner may rebuild because the gas station was a legal non-conforming use B. The owner must receive a variance in order to rebuild C. The owner may not rebuild because the proposed use would violate existing deed restrictions D. The owner may not rebuild unless the zoning ordinance is amended
B. The owner must receive a variance in order to rebuild
The State of Order plans to condemn several pieces of inner city property in order to build a sports complex. This will displace many poor families. The State of Order then plans to lease the assembled property to three private citizens, who will operate the complex. Is this use of eminent domain consistent with the US Constitution? Select one: A. Yes, but only of the lots are vacant B. Yes, if just compensation is paid to the land-owners C. No, because there is no public purpose D. No, because condemned property cannot benefit private individuals
B. Yes, if just compensation is paid to the land-owners
Ms. Jones wants to build a porch on the back of her house. The new construction will extend beyond the rear setback restriction. She is most likely to receive permission to build the porch through a: Select one: A. Spot zoning permit B. Zoning variance C. Conditional use permit D. None of the above
B. Zoning variance
A new residential development requires all single-family houses to have brick fronts. This requirement is most likely an example of: Select one: A. Local building codes B. Municipal regulations C. A covenant D. A zoning ordinance
C. A covenant
The developer of a subdivision requires that a property may not have a garage unless it is attached to the single-family home. This is most likely an example of: Select one: A. Local building codes B. A zoning ordinance C. A covenant D. All of the above
C. A covenant
Zoning ordinances are established by: Select one: A. The federal government B. Individual state governments C. Counties, towns, and municipalities D. All of the above
C. Counties, towns, and municipalities
The donation of real estate for public use is: Select one: A. Reverse condemnation B. Eminent domain C. Dedication D. Escheat
C. Dedication
Condemnation is the exercise of: Select one: A. Eviction B. Estoppel C. Eminent domain D. Escheat
C. Eminent domain
What is not a private limitation on title? Select one: A. Lien B. Deed restriction C. Eminent domain D. Encroachment
C. Eminent domain
What is NOT a government right in privately owned property? Select one: A. Escheat B. Taxation C. Encumbrance D. None of the above
C. Encumbrance
After failing to locate an owner or rightful heirs, the state may acquire ownership of abandoned property through: Select one: A. Eminent domain B. Adverse possession C. Escheat D. Estoppel
C. Escheat
If an owner of real estate dies, leaves no will, and has no heirs, the property will revert to the government through a process known as: Select one: A. Eminent domain B. Reversion C. Escheat D. Inverse condemnation
C. Escheat
A local government changed the zoning for a large parcel of property. As a result, the property decreased in value. The government: Select one: A. Must compensate the owners for the loss B. Must compensate the owners for the entire value of the property C. Need not compensate the owners at all D. Need not compensate the owners unless they contest
C. Need not compensate the owners at all
An area where zoning regulates the specific balance of shopping, business, and recreational facilities is an example of: Select one: A. Urban renewal B. Spatial zoning C. PUD D. Commercial condition zoning
C. PUD
The government requires a developer to provide off-street parking for tenants. The developer will suffer a loss because instead of building additional units, he must now set aside space for the parking area. This is an example of: Select one: A. Eminent domain B. Inverse condemnation C. Police powers D. Escheat
C. Police powers
The Government's right to control private land is limited by: Select one: A. Just compensation clause B. Right to privacy C. Rational relationships D. None of the above
C. Rational relationships
A property owner obtains a permit to add a bedroom onto her house. Her neighbors notice that an addition would violate setback restrictions in the owner's deed. What is the best course of action for any affected neighbors? Select one: A. Sue for damages B. Nothing. The country sanctioned the addition by issuing a building permit C. Seek an injunction, forcing the owner to tear down the addition D. Ask the county to revoke her building permit
C. Seek an injunction, forcing the owner to tear down the addition
Government rights to control private land stem from: Select one: A. Municipal governments B. Local zoning authorities C. The Constitution D. Common law
C. The Constitution
If a clause in a deed specifies that title reverts to the grantor if the grantee operates a dance hall on the property, this would be: Select one: A. Invalid deed restriction B. Valid public control C. Valid deed restriction D. Enforceable only through zoning laws
C. Valid deed restriction