realtor

plat map

A detailed map of a subdivision that includes boundaries, measurements, and distances between points

The Simpsons are buying a five-acre tract that has always been part of a larger parcel. When the owners of the large acreage decided to subdivide it, they needed to have a legal description created for the five-acre lot. What was used as the starting point for creating that legal description

A survey

Which of the following best describes a tenant's right to quiet enjoyment?

A tenant has the right to enjoy lawful use of the property without being dispossessed or trespassed upon, even by the landlord. The right of quiet enjoyment gives the tenant the right to enjoy lawful use of the property without being dispossessed or trespassed upon, even by the landlord.

Example of constructive eviction

A tenant moves out of the apartment after repeated unsuccessful requests to the landlord to repair the broken water heater. A constructive eviction occurs if a tenant vacates the property because the landlord has failed to uphold the warranty of habitability.

When Bobby tries to claim that he owns the shed on Peter's property after living there for 10 years, he's attempting to claim title by

Adverse possession

What type of individual's property is affected by a general lien

All real property and personal property

Which of the following statements related to condominiums and surveys is true

All states require that land used for condominiums be surveyed by a registered land surveyor and that a plat map be prepared to show the elevations of the floor and ceiling boundaries, as well as the vertical boundaries of each unit.

In the rectangular government survey system, what's a base line?

An east-west line used as a reference point

What's the definition of a judgment lien

An involuntary lien due to a court decree resulting from a lawsuit

What does the metes and bounds system use to develop a property's legal description?

Compass headings and directions

Jamie wants to find the legal description for a property. What's her best bet?

County recorder's office, registry of deeds, or a title company

Kurt bought a vacant lot in a development that was 85% completed. When he started working with the builder to lay out where the house and driveway would be, they found he would need an easement because his driveway would spill over onto the adjacent lot by a few feet. Kurt owns the ________ estate or tenement.

Dominant The dominant estate (or tenement) is the one that receives the benefit from the other owner, also called the servient estate.

Which of the following is a right to use the land that doesn't necessarily involve an adjoining property? *

Easement in gross This describes an easement in gross. This type of easement is often held by a utility company.

Seth owns a property on a small island with six other property owners. Recently, Seth built a fishing pier along the water's edge; however, the pier is actually on his neighbor's property, which Seth has no rights to. What might this be an example of?

Encroachment

Shannon is reading through paperwork related to her upcoming home purchase, and she comes across the following: Southwest quarter of Southwest quarter (SW ¼ of SW ¼) and West Half of Southeast quarter of Southwest quarter (W½ SE¼ SW¼) of Section Eleven (11), Township Four (4) North of Range Eight (8) West. What did Shannon just find?

Legal description

Stan and Emile are arguing over their shared lot line, since Stan thinks that Emile planted a privet hedge on Stan's property. Stan filed a civil legal action against Emile. What will the court use to determine the actual lot line?

Legal descriptions of both properties

describes a real property tax lien

Specific and involuntary A real property tax lien is a specific and involuntary lien

How is the grid that's used in the rectangular government survey system laid out?

The numbers start in the northeastern corner and follow a zigzag pattern. The numbers on the grid start in the northeastern corner and follow a zigzag pattern.

voluntary alienation

Voluntary alienation occurs when the property owner decides who will acquire the property.

Judgment Liens have priority

based on date of recording

* If it's apparent that there will be enough proceeds from the foreclosure to pay off both mortgages, a lienholder may agree to a subordination agreement, which means

getting in line behind another lienholder that otherwise has priority.

* Property tax liens.

have priority over all other liens

Examples of involuntary liens include

income tax liens, mechanic's liens, judgment liens, and estate and inheritance tax liens

The legal proceeding

is called an in rem legal proceeding

Mortgage is an example

of a voluntary lien.

General Lien affects

real and personal property.

Pamela inherited a piece of property that has been in her family for generations. She wants to find the property's exact boundaries and any encroachments or easements that may exist. What should contain this information?

A legal description of the property

Which of the following defines the term 'lis pendens

A legal notice that a lawsuit is pending that affects the title of a property.

Which option describes a subordination agreement?

An agreement between two lien holders to modify the order of lien priority

When measuring elevations, what is used instead of a point of beginning?

Datum Instead of a point of beginning, these elevations are measured with reference to a data line, point, or surface, referred to as a datum.

What type of involuntary lien is placed on a person's estate after their death if there are unpaid debts to creditors

Deceased person's debt lien

Which method of transferring ownership to real property will real estate professionals most often encounter?

Deed

Which of the following describes a neighbor's permanent right to use another's land for their own benefit?

Easement appurtenant With an easement appurtenant, the easement is on an adjoining property, and it is permanent.

James Sawyer evicted his tenant, Kate Abbot, for nonpayment. However, she didn't vacate the apartment after the required 72 hours and has yet to move out. This is an example of a/an _______.

Estate at sufferance An estate at sufferance is a type of possession in which a tenant stays after the right to possess has terminated.

What type of lien is defined as an involuntary lien placed on all of the property received by a deceased person's heirs?

Estate/inheritance lien

If Carol and Mike Brady died intestate, their children would all be _________ to the family home.

Heirs

general lien (lien against an individual and all of their property)

Income tax lien An income tax lien is an example of a general lien because it is a lien against all of the person's assets.

Karen's house was recently foreclosed on to pay off a lien on her home. What happens to any extra money after the lien and expenses of the sale are paid?

It goes to Karen.

Which type of lien is due to a court decree resulting from a lawsuit?

Judgment lien

Which type of lien is placed against a property by contractors or subcontractors for unpaid work

Mechanic's lien

Which lien is an example of a specific lien (lien against a single property)

Mechanic's lien A mechanic's lien is an example of a specific lien

Morty, a land surveyor, was called out to survey a property. After doing some research, he located the legal description for the property in question. Now, if he could just find the point of beginning located at the iron pin on the southerly line of state route 117, 30 feet east of the oak tree next to Bear Creek. What type of legal description is Morty working with?

Metes and bounds

example of a voluntary lien

Mortgage lien

Which type of lien is placed against property owners who have not paid their property taxes?

Real property tax lien A real property tax lien is placed against property owners who have not paid their property taxes

Which legal description method is regulated by the U.S. Department of the Interior's Bureau of Land Management?

Rectangular government survey

Which of these types of tenants most often uses a percentage lease?

Retail Percentage leases are used most often with retail tenants. Tenants pays a percentage of their income realized from retail activities to offset lower rent.

Meredith died, leaving behind a will. Although her instructions to devise her property to her daughter were explicit, her husband inherited. Why might this be?

The operation of law

What would happen if you bought a house and later found out that there were unpaid liens against the property

The unpaid liens could trigger a foreclosure on your property.

Question 8 of 16 Kellan and Stacy are in the midst of a property dispute. Each party has a legal description and survey that show conflicting boundaries between their properties. What may be the best way to resolve this dispute?

They must take the dispute to court.

What's the relationship between townships and sections in the rectangular government survey system?

Townships are divided into sections.

Travis is a new real estate licensee and is writing up his first offer to purchase for his buyer clients. Which of these statements is true?

Travis should include the legal description in the offer, because it provides a complete description of the property.

* Real property tax liens and special assessments take priority

over other liens; next in line are mechanic's liens, then all others in order of recording.

Lis Pendens means

that a lawsuit is pending that could impact title to a property. It is filed to notify the public.

Lien may be

voluntary or involuntary.

The legal proceeding occurs

when the action is brought direcly against the real property and not against the individual and the individual's personal property.