HI- Module 1 Chapters 1-6
A Sunset Beach property was sold for $95,000. and the amount of conveyance tax paid was $47.50. What is the rate per $100.?
$95,000 / $100 = 950; (2.) $47.50 / 950 = .05 = 5 cents
A Paia broker has a problem of subdividing a ten-acre tract into 50 x 100 foot lots; after allowing 85,600 square feet for the necessary streets, how many lots will the broker realize from this subdivision?
(1.) 10 x 43,560 Sq Ft in an acre = 435,600 sq ft; (2.) 50 x 100 = 5,000 sq ft per lot; (3.) 435,600 - 85,600 = 350,000; (4.) 350,000 / 5,000 = 70
A Wailea candy shoppe has a triangular attic 6 feet high, 28 feet wide, and 52 feet long. How many cubic feet of marshmallow bunnies will it hold?
(1.) 6' x 28' x 52' = 8,736 / 2 = 4,368 cu ft
Builder's blueprints frequently use the scale of 1/4 inch=1 foot. If such a plan indicated a family room 10- 1/2 inches by 3-1/2 inches, what would floor tile cost at $3.80/sq yard?
1.) 10.5 / .25 = 42; (2.) 3.5 / .25 = 14; (3.) 42' x 14' = 588 sq ft; (4.) 588 / 9 (sq ft in a sq yard) = 65.33 sq yards; (5.) 65.33 x $3.80 = $248.26
In what year was the Hawaiian Monarchy overthrown?
1893
A Koko Head property owner plans to fence his land, which is rectangular in shape and measures 300 feet x 150 feet. How many fence posts will be required if there is to be a post every 15 feet?
300' + 300' + 150' + 150' = 900'; (2.) 900' / 15' = 60
Financing Statement
A brief document (required under the Uniform Commercial Code)
Chattel Mortgage
A personal property mortgage.
If title to a Waimanalo vegetable farm is held in tenancy by the entirety, which of the following is true?
A specifically enforceable contract to sell the farm must be signed by both the husband and wife
Bill of Sale
A written instrument which passes title of personal property from seller to buyer
Improvement
All real estate except land. Includes buildings, fixtures, fences, curbs, sewers, etc.
Improvements
All real estate except land. Includes buildings, fixtures, fences, curbs, sewers, etc.
An example of a right, privilege or improvement that belongs to and passes with a property is described as:
An appertenance
Fixture
An article of personal property which has been installed in or attached to land or a building thereon, in such a manner, that is is now considered to be a part of the real estate.
Mrs. Haiku grants a life estate to her grandson and stipulates that upon her grandson's death the title will pass to her son-in-law. What is this second estate called?
An estate in remainder
Riparian rights are those possessed by:
An owner living on a water way
Personalty
Any property not real property
Bulk Transfer Act
Any transfer of a major part of the materials, inventory or supplies of an enterprise not in the ordinary course of the seller's business.
Conservation districts are comprised primarily of lands in the existing forest and water reserve zones, and are administered by the:
Department of Land and Natural Resources
Hereditament
Every sort of inheritable property whether corporeal, incorporeal, real, personal or mixed
Characteristics of tenancy by the entirety include ownership by an unlimited number of persons.
False
If title to a Lahaina condominium is held as tenants by the entirety, a creditor of one spouse can assert a valid lien on the condominium.
False
In order to establish if title to real property is able to be acquired by adverse possession, one must check for clouds on title.
False
To the holder of the dominant tenement, an easement is an encumbrance.
False
Which of the following is an estate of inheritance?
Fee simple estate
Accretion
Gradual additions to land by deposits of sand or soil by bordering waters through natural causes.
The smallest of the four counties is
Honolulu
The bundle of rights concept of real property includes:
I. lands II. tenements III. hereditaments
Which of the following is correct regarding a life estate?
It may be created by will or deed
Crown lands were sometimes sold by a
Kamehameha deed
Small areas which were house lots occupied by the common people, who also had certain native rights of
Kuleana
The county of Maui includes which of the following islands?
Maui, Molokai, Lanai, Kahoolawe
Rank the following Hawaiian islands in column #1 from most to least population:
Oahu, Hawaii, Maui, Kauai, Molokai, Lanai, Niihau, Kahoolawe
Bundle of Rights
Ownership concept in real estate which embraces the rights of possession, use, enjoyment, and disposition.
A claim of title by adverse possession may be defeated by the property owner by which of the following?
Permission
Chattel
Personal property which is tangible and movable; personally.
The taking of private property for public use without compensation is authorized under the principles of:
Police Power
When the title passes to a third party upon the death of the life tenant, what is the third party's interest in the property?
Remainder interest
PASH
Rights of native Hawaiians to have access to less than fully developed privately owned shoreline lands, for customary and traditional rights of gathering, subsistence, cultural and religious needs
Sarah Goodhue and Tony Badzak, who are not married, jointly own a parcel of real estate. Each owns an undivided interest; Goodhue's share is two-thirds and Badzak's share is one-third. The form under which Goodhue and Badzak own the real estate is 1. in(by) 2. .
Tenancy; common
Appurtenance
That which has been added to a property, which becomes an inherent part of the property, and will pass with it when conveyed; includes improvements.
When an easement appurtenant exists between two parcels of land which are separately owned:
The dominant tenement is benefited and can release easement by quit claim deed
Which of the following is personal property?
The goodwill and inventory of a business opportunity
A husband and wife contact a broker about selling their home. The wife has a number of outstanding debts. Which is true of this property held as tenancy by the entirety?
The listing broker should get both husband and wife to sign the listing.
Real estate
The physical land at, above and below the earth's surface with all appurtenances, including any structures; any and every interest in land whether freehold or nonfreehold.
The right to control one's property includes the following:
The right to invite people on the property for a political fund raiser. The right to erect "no trespassing" signs. The right to enjoy pride of ownership
Avulsion
The sudden removal of land of one owner and depositing on the land of another when a stream changes its channel.
Land
The surface of the earth extending down to the center and upward to the sky, including all natural things thereon such as trees, crops or water, plus the minerals below the surface and the air rights above.
Which of the following are true about the right of dower?
The wife may have an inchoate life interest in her husband's real property. Divorce terminates this right. The wife does not lose her dower rights when the husband sells the property and she does not join the deed.
How does a seller of Hawaii land reserve the mineral rights?
They can't be reserved, approximately 90% are by statute reserved for the State
Certain items on the premises that are installed by the tenant and are related to the tenant's business are called:
Trade fixtures
Emblement
Trees or crops that are cultivated annually; the rights of a tenant to harvest the annual crop even after his tenancy has ended.
A fee simple is an estate of inheritance.
True
A fixture is formerly personal property that has become attached to real property and is now apart of the real property.
True
A life estate may be granted for the duration of more than one grantee's life.
True
A tenant in common may sell his interest in a property at any time, without permission or approval of the other co-tenants.
True
In a joint tenancy, any party may convey his share without the consent of the others.
True
In a joint tenancy, shares must be equal.
True
The real estate market is subject to the cyclic changes in the national economy.
True
The real estate market is subject to the law of supply and demand.
True
The right of dower in Hawaii means the wife may have an inchoate life interest in her husband's property whether freehold or leasehold.
True
Two sisters inherit real property from their mother with no stipulation except that 1/3 go to Mary and 2/3 to Rose. Which of the following is true?
Upon Rose's death, her share passes to her heirs or divisees
An estate in land vested in a grantee "until she marries" is properly classified as:
a conditional fee
An estate in land vested in a grantee "as long as he is married" is properly classified as:
a defeasible fee;
If "A" deeds the property to "B" and his heirs, with the stipulation that if "B" leaves no heirs the property is to go to "C", then "C" now holds:
a remainder fee
An easement that may exist only in adjoining land is a(an) ________ easement.
appurtenant
The removal of land when a stream suddenly changes its channel is:
avulsion
Rights in real property do NOT include:
avulsion rights
A brother and sister hold land as joint tenants. The sister conveys one-half of her interest to her husband. Ownership is now by:
brother, sister and her husband as tenants in common;
A tenant in common:
can sell his or her interest without approval of other owners;
Generally, items of a temporary or easily movable nature are:
chattels, personal property, personalty
The difference between police power and eminent domain can best be determined by:
compensation paid to the owner
What do topographical lines on maps indicate?
contours
An appropriation of land for some public use made by the owner and accepted by or on behalf of the public, as streets in a plotted subdivision, is called:
dedication
All of the following are categories of the uses of real property EXCEPT:
development (is not)
What are the rights of a surviving wife in the real estate owned by a deceased spouse during their marriage?
dower
The loss of one's real estate by the gradual wearing away of soil through the operation of natural causes is:
erosion
The attachment of an item of personal property to real property is known as a/an:
fixture
Personal property does NOT include:
fixtures
Which of the following actions would prevent a claim of adverse possession?
giving the adverse user express permission to use the property; ousting the adverse user; physically barring entry of adverse user;
When owners own property as tenants in common, each owner:
has ownership to no specific part of the property
In the absence of any agreement in the sale contract, which of the following MOST likely would be considered personal property?
heating fuel inside of a tank
An example of personal property is:
household furnishing
The term "appurtenances" can include:
improvements
Land is considered to be:
indestructible
A trait that distinguishes real property from personal property is that real property:
is considered permanent, fixed, and imovable
One of the advantages of a joint tenancy is:
it avoids delays and expense of probate
Community property rights include:
limitation to husband and wife; ability to own separate property outside the community property;
The tests of a fixture
method of attachment; adaptability; intent;
Which of the following is required for one to sell a business opportunity not involving a store lease?
no license
A license includes the characteristics of:
nonpossessory use of another's land; personal and temporary privilege;
An action brought by a co-owner of property to compel the severance of respective interest is an action for:
partition
An article is most likely considered real estate when it:
permanently attached
A mango becomes _______ once it is picked from a tree.
personal/chattel
Generally, things or objects of a temporary or easily movable nature are:
personalty
The following would affect demand:
population, demographics, wage levels
A tenancy in common must have unity of:(one word)
possession
Which of the following BEST describes a tenancy in severalty?
property held by one person, whose ownership rights are severed from all others;
The purpose of subdivision deed restrictions is to do which of the following?
protect property values and the interests of property owners;
In the absence of an agreement, a tenant in common who occupies and farms the property is NOT specifically liable to the other tenants in common for:
rent for his or her occupancy
In a deed that states "to Angelo for his life," the grantor has what type of interest?
reversion
The return of land to the grantor or her heirs when the grant is over is:
reversion
What are the rights of the owner of property located along the banks of a stream or river?
riparian rights
When a person owns property to the exclusion of all other persons, he is said to hold the property in
severalty
When a land owner sells his one-acre farm, he must:
specifically reserve the mineral rights therein, or they will pass to the buyer
A datum plane is used by:
surveyors
A term that best describes a group of investors who pool their resources to acquire real property is
syndication
"Quieting a title" most nearly means:
to settle a cloud on title by court action
Fixtures are items of personal property used in business that even if attached do not become real estate.
trade
Restrictive covenants may be terminated by the following:
unanimous vote of owners; expiration of a time period; failure to enforce on a timely basis;
To establish a claim to title of a parcel of realty by adverse possession, a claimant must hold the parcel:
under conditions hostile to the owner
Adverse possession requires that the person claiming title must establish:
uninterrupted use; claim of title; notorious use;
The land use law of the state of Hawaii has classified all lands into categories.
urban agricultural rural conservation
If a title is indefeasible it can't be:
voided
For which of the following reasons may a survey be required?
when using real property as security for a mortgage loan to show the location of improvements on a parcel of real estate to discover an encroachment