Real Estate Chapter 1-5 principles

2.17). Who is competent to deed title to real estate ?

A. 17 year old unmarried student B. married 16 year old C. convict under a death sentence D. none of the above are competent to deed

3. California became a state in :

A. 1850 B. 1849 C. 1848 D. 1851

2.1) The W 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4 , and the SW 1/4 of section 10 contains :

A. 2 1/2 acres B. 5 acres C. 45 acres D. 165 acres

2.28). If a court proceeds to confirm a probate sale, the first addition bid must be what percent above the original bid?

A. 5% on the first $10,000, 3% on the remainder B. 5% on the first $10,000 and any amount on the remainder C. 10% on the first $10,000, 5% on the remainder D. 10% on the first $10,000 and any amount on the remainder

2.3). How many square feet are in an acre ?

A. 5,280 B. 14,970 C. 43,560 D. 75,436

2.2.6) Which of the following is not a principal baseline and meridian ?

A. Humboldt B. Mount Diablo C. Riverside D. San Bernardino

2.2.7) Johnson and Moscowitz hold title as tenants in common. Upon Johnson's death, Johnson's interest passes to :

A. Johnson's heirs without probate B. Johnson's heirs with probate C. Moscowitz without probate D. Moscowitz with probate

2.12). Chang deeds to Lopez and Lopez takes possession but does not record the deed. Chang then tells his friend Jones about the deed to Lopez. Chang then deeds the same property to Jones, who records the deed. Based on this information, title probably vests in :

A. Lopez B. Chang C. Jones D. both Lopez and Jones

2. under the treaty of Guadalupe Hidalgo in 1848, the united states acquired the territory of California from

A. Spain B. Mexico C. France D. Native America Indians

2.14). Mr. and Mrs. Smith were interested in purchasing a vacant lot. However, they first wanted the property surveyed. When the surveyor came out to measure the property he began measuring from the iron spike embedded in the middle of the street . In this case the iron spike would be known as:

A. a benchmark B. an angular line C. a vara D. a compass

2.21). Real estate law state that in order to be valid, a deed must contain :

A. a date B. a granting clause C. the signature of the grantee D. evidence of a notary

18. Which of the following is considered to be real property ?

A. a lease to an apartment house B. a cash register in a drug store C. a grape crop, sold under contract, but not yet harvested D. standing timber sold with land

30. The right to possess , encumber, use, and enjoy a piece of property, to the exclusion of all others, would be an accurate description of :

A. a life estate B. real property C. property ownership D. an equitable position

20. There was some questions in the mind of the owner as to whether or not she had any riparian rights on her recently purchased property. She was informed that the riparian's rights are :

A. a matter of recorded B. listed in the title C. stated in the grant deed D. not found in any of the above

29. Which of the following is considered personal property ?

A. a peach orchard B. stock in a mutual water company C. silver removed from the ground and sent to the smelter D. easement

2.15). A metes and bounds description requires:

A. a point of beginning B. a distance and direction from one point to another C. a return to the point of beginning D. all of the above

2.18). There are implied warranties made by the grantor in a grant deed. Which one of the following IS NOT implied ?

A. a property has not been encumbered by grantor except as disclosed B. the interest held by the grantor is being transferred to the grantee C. the grantor holds a certificate of title to the property D. the interest being deeded has not been conveyed to others

2.20). The recording of a deed gives :

A. actual notice B. constructive notice C. right to possession D. effective notice

15. Which of the following is FALSE ?

A. airspace is considered real property B. real property can be divided horizontally C. solid minerals in the ground are considered real property D. landscaping is considered personal property

26. The need to determined whether property is real or personal frequently arises. Which of the following would NOT be classified as real property ?

A. airspace over a condominium project B. newly planted fruit trees C. stock in real estate corporation D. minerals in the ground before they are mined

2.2.20) a deeds to B for the life of C; upon C's death, title passes to D. This is an example of:

A. an estate in reversion B. a grant of reservation C. a less-than-freehold estate D. an estate in reminder

11. The legal term referred to as real property includes all of the following , except :

A. an unlimited use of the airspace above the property B. that which is immovable according to law C. the land beneath the surface to the center of the earth D. determined by law to be a fixture

4. Property owners whose land borders a river have rights to a reasonable use of the water, known as:

A. appropriation rights B. riparian rights C. seizure use rights D. extraction rights

2.6). Ben's father passed way and left Ben a ring in his will that Ben had always admired along with a sizeable sum of money. Ben received this gift as:

A. bequest B. devise C. legacy D. both A and C

2.30). When a gift deed is used to transfer title to real property, the deed may be set aside or voided by :

A. certain debtors of the grantor B. no one C. certain creditors of the grantor D. someone who later purchase the land from the gift deed grantor

28. Erick Chinn bought a stack of lumber, which he placed in his backyard. Later he used some of the lumber to build a room addition to his house. He only used a portion of the lumber. The remaining wood is considered :

A. chattel B. real property C. personal property D. both A and C are correct

24. Personal property differs from real property in many aspect and is legally known as :

A. chose B. chattel C. freehold D. both A and B are correct

2.2.10). Assume a brother and sister own title in a commercial property as joint tenant. The brother marries and deeds his interest to himself and his new wife. The sister now holds title in the property as :

A. community property as to 1/4 interest B. ownership in severalty C. joint tenant D. tenant in common

2.2.11) A married couple is planning to purchase a home. If they want to take title in such a way as to be able to will their separate interest, they should take title as :

A. community property, without the right of survivorship B. joint tenants C. limited partners D. any of the above

2.13).A sequential list of owners for a parcel of real estate is called :

A. constructive notice B. chain of title C. notarized record D. deed of reconveyance

23. In the early history of California, what group of explores and colonizers were responsible for the development of presidios and pueblos ?

A. early Native Americans tribes B. Mexicans C. Spaniards D. colonial Americans

10. Which of the following is considered to be personal property ?

A. easement B. iron ore in the ground C. mortgage contract D. stock in a mutual water company

2.22). A major railroad company plans to run a line across Kuan's property. If Kuan refuses to give permission, the railroad company can proceed to take action through the use of :

A. eminent domain B. partition action C. injunction D. writ of execution

2.2.19) when a non-occupying investor and an owner-occupant pool their resources to buy a home, this is called:

A. equity ownership B. equity occupancy C. equity sharing D. equity investing

2.7). The sudden tearing away of land along a river with the re-deposit of the land on the other side of the river, downstream, is called :

A. erosion B. accretion C. avulsion D. reliction

2.9). The passing of title to the state because of the lack of heirs is called :

A. escheat B. eminent domain C. police power D. condemnation

2.2.3) Greene deeds a life estate of Blue and upon Blue's death, title passes to Brown. This is an example of what type of life estate ?

A. estate in reversion B. estate in reservation C. estate in remainder D. estate in severalty

2.4). A person who makes a will is the ?

A. executor (trix) B. administrator (trix) C. devisor (ee) D. testator (trix)

27. A legal definition of real estate includes many elements and parts. Which of the following items would NOT be a part of real estate?

A. farm equipment B. fences C. growing trees D. permanent two-story building

2.2.14) If an investor owns a piece of property with some private restrictions, the investor owns what type of estate ?

A. fee simple absolute B. fee simple qualified C. fee simple defeasible D. both B and C

2.2.1) The highest form of ownership a person can have in a piece of property is :

A. fee simple absolute B. fee simple qualified C. life estate D. testate estate

2.23). Title can be transferred from government to private owners using a :

A. fiduciary grant B. partition grant C. public dedication D.patent

2.27). The country recorded files deeds according to :

A. first to record is first to be filed B. legal descriptions C. grantor-grantee index D the city where the property is located

2.2.2) Interest in real property held by a tenant is called :

A. freehold estate B. fee estate C. rental estate D. less-than-freehold estate

2.10). The Connecticut case, Kelo vs New London, was decided by a U.S. Supreme Court ruling which had an impact on:

A. how foreclosures should be conducted B. whether or not a partition action can be taken C. how private property can be taken to further economic development D. how filing for bankruptcy will stop foreclosure

2.8). when possession of land includes open and notorious use for 5 years, hostile to the owner's wishes, and payment of property taxes, this best describes:

A. intestate succession B. accession title C. alluvion ownership D. adverse possession

2.2.13) Mr. Rhu deeds a life estate to Ms. Silva with the stipulation that upon her death the property comes back to him. If Rhu and Silva are killed together in an auto accident, who gets the property ?

A. it escheats to the state B. Rhu's heirs and devisees C. Silva's heirs D. the county where property is located

2.2.4) Title held as "Elva L. Vargas, an unmarried woman " is an example of :

A. joint tenancy B. tenancy in common C. estate in remainder D. ownership in severalty

2.2.12) Real estate syndicates usually hold title as :

A. joint tenants B. a limited partnership C. a corporation D. tenants in common

2.29). According to the laws of California, which of the following documents must be recorded to be valid ?

A. land mortgage B. grant deed C. trust deed D. none of the above

1. real property can be most completely defined as:

A. land, buildings B. land, fixtures, minerals C. land, items affixed to land, immovable by law D. land, affixed to land, appurtenances, immovable by law

14. Courts frequently have to make a decision as to whether some item does or does not go with the real property when it is sold. In making their decision, they use the "Five tests of a fixture." Which of the following is NOT a test of a fixture ?

A. method by which property is attached B. whether the property is considered adaptable C. whether the property is being taxed D. relationships of parties involved

2.2.18) If a person took title to real estate as a sole owner, the ownership is called:

A. ownership in gross B. ownership in common C. ownership in tenancy D. ownership in severalty

7. a deeded easement of right of way over the land of another is considered to be :

A. personal property B. an encroachment C. an appurtenance D. a lien

5. Airspace directly above a parcel of land is considered to be:

A. personal property B. fixtures C. a chattel D. real property

19. When anything is fastened or attached to real property in such a manner as to ensure its permanence, it is considered to be:

A. personal property B. real property C. private property D. separate property

8.An investor leases a building to a tenant who then opens a retail store. The tenant installs a cash register. The cash register is best described as :

A. personal property B. trade fixture C. real property D. leased property

6. the addition of a wood-burning stove in a family room, with the stove pipe passing through the roof, is an example of :

A. personal property becoming a fixture B. real property becoming a fixture C. personal property becoming a chattel real D. a fixture becoming personal property

2.2.16) Don and June Seaman, father and daughter, purchased real estate as joint tenancy. Don dies and left a number of personal debts. If he possessed no money or other property, his creditors could :

A. place a lien against his daughter's property B. obtain to satisfaction against the real estate C. sue the daughter for the money D. place an attachment against the real estate

2.2.15) Community property is normally defined as any property acquired by a married person or registered domestic person :

A. prior to marriage or registration B. during marriage or registration C. by gift D. by inheritance

2.2.9) For a married couple, community property rules includes all of the following EXCEPT :

A. property acquired by gift after marriage can be separate property B. each spouse must will their interest to the surviving spouse if title is held without the right of survivorship C. it takes the signature of both spouses to sell community property D. each spouse has the equal right to manage community property

16. effective January 1, 2005, a California Law called the Domestic Partnership Act was created to give _____________ many new rights and responsibilities.

A. real estate agents B. joint tenants C. registered domestic partners D. community property law

2.2.8) Susan owned a home prior to marriage to Carlos. Upon marriage, Susan's home :

A. remains her separate property unless commingled B. automatically becomes community property C. is converted to joint tenancy D. must have a deed recorded showing her married name

2.24). When describing or locating a piece of property using the meters and bounds system, which of these would be classified as artificial markers ?

A. rocks B. trees C. streets D. rivers

21. Which of the following is classified as personal property ?

A. seasonal crops B. fixtures C. land D. appurtenant easements

2.11). Which of the following IS NOT required for a deed to be valid ?

A. signature of grantor B. granting clause C. date D. must be in writing

2.26If a married person with two children dies intestate and leaves community property, the descendant interest passes to the :

A. surviving spouse and children B. surviving children, and not the surviving spouse C. surviving spouse D. surviving parents

2.16). Before a deed is recorded, it must be acknowledge by:

A. the grantee B. a notary public C. the escrow officer D. the grantor

9. An owner sells land, but reserves the minerals rights. Based on this, which of the following is true?

A. the mineral rights are owned by the grantee B. the mineral rights are the personal property of the grantor C. the grantor owns the minerals rights as joints tenants with the grantee D. the mineral rights are real property of the grantor

13. The rights of an owner are referred to as the "Bundle of Rights." Which of these is NOT one of these rights ?

A. the unrestricted right to the use of riparian waters B. the right to possess C. the right to borrow against real property D. the right to use

2.2.5) A valid joint tenancy must have the four unities of ?

A. time, title, interest, remainder B. title, time, possession, interest C. interest, right, possession, time D, time, title, occupancy, possession

2.2.17) In which one of the following ways are joint tenancy and tenants in common similar ?

A. title can only be held by husband and wife B. both provide the right of survivorship C. all owners have the right to will their interest in the property D. both carry the right of possession

2.2). In the U.S Government Survey System, which lines run parallel to the principal base line ?

A. township line B. meridian line C. range line D. survey line

17. In addition to the land and those things that are affixed to the land, certain other things called appurtenances are considered to be real property. Which of the following is NOT real property ?

A. trade fixtures B. a dwelling C. watercourses D. a fence

12. Which of these statements most nearly defines personal property?

A. trees in a forest B. stock sold to bring water on the land of a group of landowners who have formed their own company. C. an unharvested peach crop sold to canning factory D. the right to cross over someones elses property

2.19). A deed need not be recorded in order to be valid, but must be delivered. Effective delivery depends on :

A. valid acknowledgment by the grantor B. physical transfer C. intention of the grantor D. knowledge of its existence by the grantee

2.5). If a married person dies testate and leaves all community property, the decedent's interest passes to the:

A. whomever is named in the will B. surviving spouse and children, if any C. surviving spouse D. surviving children, and not to surviving spouse