quiz 7 - az real estate

John Wilson sells a 40-acre parcel of land to Walter Frank. If Mr. Wilson wants to retain the right to cross the parcel to reach another tract behind the parcel, he MUST include which of the following in the deed?

a. An easement

An easement in gross:

a. Is attached to a person, not a property

Which of the following would NOT terminate an easement?

a. Nonuse of prescriptive easement for six months

The servient tenement is:

a. The property on which the easement exists

An easement created through continued use of a property is called:

a. a prescriptive easement

An interest in real estate that was created by the deed is known as:

a. an easement appurtenant.

Failure to assert a right within a reasonable period may cause the court to determine that the right to assert it is lost due to:

a. laches

A man wants to build a garage next to his home, but the side setback from the zoning does not allow the construction. He should obtain a:

a. zoning variance

All of the following are specific liens, except:

b. Internal Revenue Taxes

Which of the following liens WOULD usually be classified as the prior lien?

b. The current real estate tax assessment

A deed restriction does not permit the building of a fence. The buyer erects a fence for his dog. The neighbors would enforce the deed restriction by:

b. a civil court action

A tract of land benefited by an easement is called a/an:

b. dominant estate

The legal right to enter anothers land is called a/an:

b. easement

A right of way across an adjoining property for purposes of ingress and egress is considered a/an:

b. easement appurtenant

Deed restrictions are created by:

b. grantors

Buildings that were erected before the enactment of a zoning ordinance and do not comply with the zoning limitations are called:

b. non-conforming uses

The following WOULD be a specific lien on real property:

c. A special assessment

What would a landlocked property owner MOST likely ask the court to grant?

c. An easement by necessity.

Which of the following restrictive covenants is MOST likely to be enforceable?

c. Prohibits use for anything other than single family dwellings

Which of the following is an example of down zoning?

c. Zoning from multiple family to single family use

Which of the following is NOT a specific lien?

c. a judgment lien

The use of property that continues in contravention of new zoning is:

c. a nonconforming use

An easement is NOT terminated by:

c. a sale where the deed does not reference the easement

Frank is the owner of the legal right to cross over the land of Ross. The land of Ross is referred to as:

c. a servient tenement

The right of a utility company to use properties is:

c. an easement in gross

Before a person can move into a newly completed building:

c. an occupancy certificate must be obtained.

A planning commission is generally concerned with all EXCEPT:

c. construction methods

A driveway that extends illegally onto a neighbors property is a/an:

c. encroachment

Mary is interested in a parcel of real estate owned by Kathy. Mary has a title report that shows the property is encumbered by several liens. The lien with the highest priority is the lien:

c. first recorded

An appurtenant easement on the servient tenement's property would:

c. go with the real property

Which of the following is NOT an encumbrance on real property?

c. homestead right

The following is NOT required to obtain an easement by prescription:

c. knowledge by the owner

The following would be a lien against real estate EXCEPT a/an:

c. restrictive covenant

A city can originate zoning and building codes to control the use of the land for the welfare of the greatest number of people through the:

c. right of police power

"A" sells property on which a recorded easement exists. "A" makes no mention of the easement during negotiations. Therefore, the easement:

c. runs with the land

When improvements are made accidentally on the land of another:

c. the improver is allowed to remove the improvements, providing any damage to the property is repaired.

Which remedy would be most effective for a property owner whose request for rezoning has been refused by the city planning commission?

d. Make a presentation to the city council in spite of the planning commission.

An easement in gross is a/an:

d. a personal right to use the property

A deed restriction would be BEST described as a/an:

d. encumbrance

Treatment of nonconforming uses under new zoning does not include:

d. immediate closure

Restrictive covenants are enforced by:

d. legal action by other owners

The following right is LEAST likely to transfer with the sale of land:

d. license

The right to erect a billboard on anothers property is MOST likely a/an:

d. license

With the permission of Will, Tom has used a shortcut over Will's land for over 25 years in order to get to the highway. Tom has a/an:

d. license