Property ownership and land use controls and regulations
73) The northeast 1/4 of a section contains: a. 160 acres. b. 320 acres. c. 10 acres. d. 40 acres.
a. 160 acres. (You are correct. There are 640 acres in a section. Divide this by four to find the area of a quarter section, 160 acres.)
62) Which of the following is not a lien? a. Conditions, covenants and restrictions (CC&Rs). b. Property taxes. c. Trust deeds and notes. d. Judgments.
a. Conditions, covenants and restrictions (CC&Rs). (You are correct. This is a NOT question. All liens have a specific dollar value. Of the answer choices, only A. conditions, covenants, and restrictions (CC&Rs) has no dollar value.)
28) Which of the following may also be called an estate of inheritance? a. Fee simple. b. Remainder interest. c. Condition subsequent. d. Future life estate.
a. Fee simple. (You are correct. An estate of inheritance is ownership. Fee simple refers to current ownership. A fee estate grants an indefinite, exclusive and absolute ownership interest in a parcel of real estate and is the largest bundle of rights to be held in real estate.)
31) Which of these rights of ownership do individuals not have? a. Severance rights. b. Eminent domain rights. c. Riparian rights. d. Reliction rights.
b. Eminent domain rights. (You are correct. Eminent domain is the government power to seize property written into the U.S. constitution. Reliction refers to an increase in land bordering a body of water due to receding water.)
34) On a zoning map, "M" generally indicates: a. multiple use. b. multi-unit. c. manufacturing. d. mobile homes.
c. manufacturing. (M = manufacturing, C = commercial, R = residential.)
71) Basic regulation of the housing and construction industries is performed by: a. the State Housing Act. b. local building codes. c. the state Contractor's License Law. d. All the above.
d. All the above. (You are correct. All the above. Each entity plays a role in construction and housing standards.)
12) Which of the following is not required for obtaining an easement by prescription? a. Payment of taxes and assessments for a period of five years. b. A confrontation with the owner. c. Open and notorious use which is continuous for five years. d. Both a. and b.
d. Both a. and b. (You are correct. This is a NOT question. Payment of taxes and assessments are required only in the instance of adverse possession, but are not required for obtaining an easement by prescription. Confronting the owner is never required of either adverse possession or an easement by prescription. Open and notorious use of the easement for five years is all that is required to establish a prescriptive easement.)
99) When a landowner is given the right to take water from another property, the owner receives the right of: a. avulsion. b. alluvium. c. percolation. d. appropriation.
d. appropriation. (Appropriation is the action of taking something for one's own use, such as water from a stream. This question provides a reminder to refer to the glossary at the back of the book and consider any of the terms you are unfamiliar with.)
2) _________refers to the placement of a house upon its lot. a. Orientation b. Physical location c. Zoning d. Subordination
a. Orientation (How a house is placed on a lot is referred to as its orientation. A house is orientated in a specific manner to best capture sunlight, be sheltered from winds or enjoy a specific view.)
8) If a person dies without a will and with no identifiable heirs, the state acquires title to their real property through: a. patent. b. condemnation. c. escheat. d. forfeiture.
c. escheat. (You are correct. Escheat is a state action to revert property to government ownership when an owner dies with no will or heirs.)
63) Which of the following pieces of lumber contains exactly one board foot? a. 6" x 2" x 12" b. 6" x 1" x 12" c. 6" x 6" x 6" d. 6" x 1 ft. x 1 ft.
a. 6" x 2" x 12" (One board foot is the volume of a piece of lumber that measures 12 in. x 12 in. x 1 in. Only answer selection A contains the same amount of volume.)
16) What is a "gore"? a. A triangular shaped parcel of land. b. A parcel that cannot be developed. c. Stigmatized property on which a murder was committed. d. Damaged property.
a. A triangular shaped parcel of land. (A "gore" is a triangular piece of land. This is a question that requires the memorization of an unusual term to earn the point.)
11) What notice is filed first in regards to a mechanic's lien? a. Notice of Nonresponsibility. b. Notice of Cessation. c. Notice of Completion. d. Notice to Perform or Quit.
a. Notice of Nonresponsibility. (You are correct. An owner may prevent the attachment of a mechanic's lien by recording and posting a Notice of Nonresponsibility within ten days after they become aware of tenant-contracted improvements.)
15) An appurtenant easement granted to a neighboring property owner fails to state the term of the easement. How long does the easement last? a. Perpetuity. b. 99 years. c. The lifetime of the dominant tenement. d. 55years.
a. Perpetuity. (You are correct. When no termination date or length of time is stated, an easement exists in perpetuity.)
89) Sally grants an easement over her land to Bill so he can access his land. The easement is recorded. Bill then buys Sally's land and later sells it to Martha without disclosing the existence of the easement. Bill ceases to use the easement for a period greater than five years. When Bill later attempts to use the easement, Martha objects. What is the outcome of this scenario? a. The easement was lost when Bill purchased Sally's land. b. The easement was lost by five years' nonuse. c. Martha must allow Bill access his property. d. Bill may occupy the property under the theory of adverse possession.
a. The easement was lost when Bill purchased Sally's land. (An easement is terminated when the parcels are combined under one ownership.)
100) Which of the following statements regarding zoning is true? a. Zoning is never retroactive. b. Aesthetic values are not an interest in the establishment of zoning. c. Zoning always takes precedence over deed restrictions. d. Zoning law always keeps commercial and residential properties separate.
a. Zoning is never retroactive. (Zoning cannot apply to existing structures, only structures to be built.)
77) The Energy Efficient Ratio (EER) rating concerns: a. air conditioning and heating units. b. environmental conservation requirements. c. electrical energy usage. d. utility efficiency of an income-producing property.
a. air conditioning and heating units. (The Energy Efficient Ratio (ERR) rating is listed on newer heating and air conditioning units. Superior ratings earn the product an energy star label.)
67) Environmental hazards located on a property which pose a direct health threat to occupants include toxic mold and: a. building materials containing asbestos. b. recent seismic activity. c. carbon dioxide gas. d. very high fire hazard severity zones.
a. building materials containing asbestos. (You are correct. Building materials containing asbestos pose a direct health threat to occupants. Seismic activity and very high fire hazard severity zones are natural hazards occurring off of a property and are not man-made environmental hazards. Carbon dioxide gas is formed during respiration and is vital to sustaining life on earth. It is also not an environmental hazard.)
59) A turnkey project is: a. construction of a property from groundbreaking to completion. b. a subdivision whose design has been approved by the local planning commission. c. a franchise sale. d. a purchase and resale.
a. construction of a property from groundbreaking to completion. (The term "turnkey" implies a property is complete and ready for immediate occupancy, requiring nothing more of the property to fulfill its intended purpose.)
61) A metropolitan area where the cities within it have grown together is known as a(n): a. megalopolis. b. suburb. c. planned unit development (PUD). d. matrix sprawl.
a. megalopolis. (You are correct. When a metropolitan area grows by the connection of various cities within it, it becomes a megalopolis.)
85) A violation of a condition in a homeowners' association's (HOA's) conditions, covenants and restrictions (CC&Rs) is: a. more severe than the violation of a covenant. b. the same as the breach of a covenant. c. less severe than the violation of a covenant. d. unaffected by restrictions.
a. more severe than the violation of a covenant. (The violation of a condition in a homeowners' association's (HOA's) conditions, covenants and restrictions (CC&Rs) is considered more serious than a violation of a covenant. The violation of a condition may result in the loss of title whereas a covenant is simply a promise, the breaking of which will not result in the loss of title.)
87) Real estate investments are generally funded through a combination of: a. mortgage and investor funds. b. the supply and demand of investor funds. c. liquid and non-liquid investment funds. d. guaranteed returns and speculative investments.
a. mortgage and investor funds. (Most real estate investments are funded by both borrowed monies (mortgages) and cash down payments (investor funds).)
25) A residence that has 6" x 6" posts set four feet apart instead of 2" x 4" studs is an example of _____________ construction. a. post and beam b. modular c. Native American d. unsafe
a. post and beam (You are correct. Post and beam construction is the correct answer choice. Note the use of the word "posts" in the question as it matches the correct answer choice.)
68) An owner with riparian rights has rights relating to the use and ownership of water from which of the following sources: a. rivers, streams and watercourses. b. oceans and bays. c. underground caves with water. d. swimming pools and watering systems.
a. rivers, streams and watercourses. (You are correct. Riparian rights apply to all surface waters.)
79) When an interest in property is acquired by prescription rather than adverse possession, the interest may be described as: a. the right to use land which belongs to someone else. b. a private grant. c. legal title. d. a cloud on title to the benefiting property.
a. the right to use land which belongs to someone else. (You are correct. The full name for a prescription is a prescriptive easement. A prescriptive easement is the right to use another's property established by the adverse use of the property for a period in excess of five years without a claim of ownership. This is neither a grant or legal title, nor does it cloud the title of the benefiting property. A prescriptive easement does, however, give the right to use land to someone other than the owner.)
1) In order to obtain an easement by prescription, one must: a. use the property. b. live on the property. c. physically confront the owner of the property. d. own the property.
a. use the property. (You are correct. The list of requirements to gain a prescriptive easement includes the requirement to use the property for a period in excess of five years without a claim of ownership. One does not need to live on a property or physically confront the owner to acquire a prescriptive easement.)
44) On the transfer of real property, a previous grant of an unlocated easement is: a. valid. b. void upon transfer. c. voidable by the servient tenement if not used for five years. d. voidable by the servient tenement since a deed cannot be the instrument used to create an easement.
a. valid. (An easement created by deed cannot be voided by nonuse. None of the alternative answer selections are reasonable — a servient tenement has no authority to void an easement.)
45) Dale bought a home for $300,000. Since then, the property appreciates 10% each year. What is the value of Dale's property after three years? a. 390000 b. 399300 c. 330000 d. 333100
b. 399300 (The calculation requires adding 10% to the value after each year: $300,000 + 30,000 = $330,000 (yr.1); $330,000 + $33,000 = $363,000 (yr. 2); $363,000 + $36,300 = $399,300 (yr. 3).)
98) Which of the following is not a true statement about easements? a. An easement is owned by the dominant tenement. b. An easement in gross is a right in another's land created for the benefit of adjacent land. c. An owner cannot have an easement over their own land. d. An easement limits the use of the land by the owner.
b. An easement in gross is a right in another's land created for the benefit of adjacent land. (This is a NOT question. Answer selection B is not true since an easement in gross is not for the benefit of an adjacent property owner, but frequently for a utility company.)
76) May a street address be used as a legal description on documents used in a real estate sale transaction? a. Yes, a street address is acceptable, but it may make it difficult to get a loan on the property. b. No, a street address is not a legal description of the property. c. A street address is acceptable for most purposes, but title insurers may choose not to insure the property. d. It is always an adequate means of description.
b. No, a street address is not a legal description of the property. (A street address is not a legal description and thus cannot be used in lieu of a more specific legal description. A legal description of a property is either a lot, block and tract description based on a recorded subdivision map, or a metes and bounds description that states the measurement and angles of the perimeter of the property.)
81) The Real Estate Commissioner, under the Subdivided Lands Law, deals primarily with the _________ court. a. Municipal b. Superior c. Federal Supreme d. State Appeals
b. Superior (Any legal action initiated by the Real Estate Commissioner in relation to their duties under the Subdivided Lands Law is handled through the superior court system.)
39) The Real Estate Commissioner, under the Subdivided Lands Law, is initially concerned with which court: a. Small Claims. b. Superior. c. Federal Supreme. d. State Appeals.
b. Superior. (The Subdivided Lands Law is controlled by the California Bureau of Real Estate. Since this is a state entity, the process of elimination excludes the Small Claims, Federal Supreme and Appellate courts, leaving the Superior Court as initially handling real estate disputes.)
42) A(n) _____________ belongs to and benefits an adjacent property and is said to run with the land as an interest the adjacent property holds in the burdened real estate. a. easement in gross b. appurtenant easement c. encroachment d. personal easement
b. appurtenant easement (You are correct. Appurtenant easements are owned by adjoining properties and are often for purposes of ingress and egress. An easement in gross is typically owned by a utility company. It has no specific location and is personal property. An encroachment is a trespass and will not run with the land as an interest in another property.)
27) Recording a deed provides: a. actual notice. b. constructive notice. c. contingent notice. d. personal notice.
b. constructive notice. (Recording a deed provides constructive notice of the ownership of a property. Constructive notice is also that which is observable by visual inspection. Answer selection A. actual notice has a similar premise but requires personal delivery, which is not stated in the question and thus is not the best answer. The other answer selections do not exist.)
6) When land is subject to an easement, it is said to be: a. encroached upon. b. encumbered. c. an estate at sufferance. d. restricted.
b. encumbered. (You are correct. The word encumbrance may imply a debt. However, it may also be another type of burden, such as a lease or an easement.)
69) Ownership rights and interests in real estate are called: a. land sales contracts. b. estates or fees. c. liens. d. tenancies or properties.
b. estates or fees. (You are correct. Ownership might be a fee title or a life estate. Both are examples of a freehold estate.)
86) Riparian rights: a. grant ownership of adjacent water ways to a neighboring real estate owner. b. include the right to reasonably appropriate water from a river, stream or brook as needed. c. need to be expressed in the mortgage or note and trust deed. d. may be discovered through a thorough examination of public records.
b. include the right to reasonably appropriate water from a river, stream or brook as needed. (You are correct. Riparian rights have to do with water and include an owner's reasonable appropriation of water from a stream or river contiguous to their land.)
22) All of the following provide constructive notice, except: a. telephone poles across a property. b. knowledge of an unrecorded deed to a stranger. c. a recorded deed to a stranger. d. a stranger in possession of a property.
b. knowledge of an unrecorded deed to a stranger. (This is an EXCEPT question. Knowledge of an unrecorded deed to a stranger does not constitute constructive notice. Constructive notice is either a recorded document or anything that is clearly observable by inspecting the property, including the existence of a physical feature such as telephone poles (as may be used to indicate the general location of property lines, for example) or a stranger in possession.)
52) Individual ownership of a lot and common ownership of other areas in the development constitutes a: a. fully improved subdivision. b. planned unit development (PUD). c. multi-unit apartment project. d. condominium.
b. planned unit development (PUD). (You are correct. A planned unit development (PUD) has common areas in addition to individual ownership of a house.)
38) Land created by a river or lake that recedes permanently belongs to the owner of the bank or shore through the process of: a. alluvium. b. reliction. c. appropriation. d. escheat.
b. reliction. (You are correct. Reliction is the exposure of land that has been covered by water which occurs when the water recedes. Answer selections A. alluvium and C. appropriation also relate to water and water rights, but are different from the process described in the question. Answer selection D. escheat is an unrelated topic.)
29) If an appraiser finds the interior walls and the inside of the exterior walls have a similar temperature, this indicates: a. the doors and windows are well sealed b. the insulation is sufficient. c. more ventilation is needed on the property. d. the heater is sufficient.
b. the insulation is sufficient. (If interior walls and the inside of the exterior walls have a similar temperature, this indicates the insulation is sufficient. When reading the question carefully, notice nothing is said about windows and doors, precluding answer selection A. Answer choice C and D are possible, but the intent of the question is to recognize the value of insulation.)
97) The word "tenancy" in real property law most nearly means: a. life tenant. b. the method or mode of holding interest to real property by the lessee or owner. c. the landlord-tenant relationship. d. the right to freely sell a property to another in the open market.
b. the method or mode of holding interest to real property by the lessee or owner. (You are correct. As with the term "estate," both the owner's position as well as the lessee's may be described as a "tenancy.")
83) Lead-based paint was banned by the Federal Consumer Product Safety Commission in: a. 1940 b. 1973 c. 1978 d. 1996
c. 1978 (You are correct. Under federal law, a lead-based paint disclosure is required on all single family residential property built prior to 1978.)
56) A subcontractor uses a __________ to notify a general contractor or the owner of their right to record and foreclose a mechanic's lien against property when they are not paid. a. Notice of Default b. Right of First Refusal c. 20-day preliminary notice d. 30-day Notice to Vacate
c. 20-day preliminary notice (Before a subcontractor employed by a contractor may record a mechanic's lien against real estate and enforce it by foreclosure; they perfect their lien rights by serving a 20-day preliminary notice.)
54) There are _________ baseline and meridian systems in California. a. 36 b. 12 c. 3 d. infinite
c. 3 (You are correct. The three baseline and meridian systems in California are Humboldt, Mt. Diablo and San Bernardino.)
17) Which of the following is not a specific lien? a. A property tax lien. b. A blanket mortgage. c. A judgment for punitive money damages. d. A mechanic's lien.
c. A judgment for punitive money damages. (You are correct. A judgment for punitive money damages is filed against an individual rather than a specific property. )
65) Which of the following is an example of a freehold estate? a. Beneficiary interest. b. An estate at sufferance. c. A life estate. d. An estate at will.
c. A life estate. (A life estate is an example of a freehold estate.)
30) A lender who finances 100% of a property without government guarantees depends on what to function as security for the loan? a. Monetary policy. b. Deflationary pressures. c. Appreciation of the value of the property. d. The borrower's good intentions.
c. Appreciation of the value of the property. (You are correct. Lending 100% of the value of a property without government guarantees requires property appreciation to overcome the risk of loan default. Thus, this type of no down payment loan is highly uncommon.)
14) Appurtenant rights include the right of _________ across adjoining properties. a. ingress. b. egress. c. Both a. and b. d. Neither a. nor b.
c. Both a. and b. (You are correct. Appurtenant rights include the ability to access property. The legal terminology for this is ingress and egress (enter and exit).)
21) Which of the following normally installs conduits over the course of their professional practice? a. Roofers. b. Carpenters. c. Electricians. d. Plumbers.
c. Electricians. (You are correct. As conduits house electrical wiring, electricians generally install conduits over the course of their professional practice.)
24) What is the name of sheet metal that protects a building from water seepage? a. Sill. b. Weep hole. c. Flashing. d. Shingles.
c. Flashing. (The sheet metal on the edge of the roof and surrounding various exhaust pipes extending above the roof is called flashing.)
13) Which of the following is shown on a plot map? a. Thickness of exterior walls. b. Topography of the surrounding area. c. Location of the improvement on the lot and its relationship to surrounding features. d. Foundation features and construction materials.
c. Location of the improvement on the lot and its relationship to surrounding features. (You are correct. Beware of the incorrect answer B. Topography, referencing the lay of the land. Topography is not included on a plot map.)
4) Which of these is a direct building cost? a. Building permits. b. Finance charges. c. Lumber. d. Legal services.
c. Lumber. (You are correct. Direct building costs are the construction costs incurred for labor and materials. All other expenses are indirect.)
18) Which of the following zoning designations is suitable for land used as the site of multi- family residential developments? a. I-3. b. R-1. c. R-4. d. MU-4.
c. R-4. (Residential use zoning is labeled with an R. Multiple units will have a number following the R other than 1, the precise number determined by each city or county.)
90) Real property that builds up along a riverbank is acquired through: a. a quit claim deed. b. escheat. c. accession. d. a quiet title action.
c. accession. (You are correct. Accession is an addition to property through human efforts or by natural forces. For example, real property that builds up along a riverbank refers to accession by a natural occurrence. The other three answer selections are legal actions. While accession allows for addition by both human and natural forces, accretion is by natural forces only. As with this question, you will not be required to decide between the two.)
51) Real property that is acquired by a neighbor through natural processes such as erosion is an example of: a. appurtenance. b. a prescriptive easement. c. accretion. d. avulsion.
c. accretion. (You are correct. Acquiring land through natural forces, such as the accumulation of sediment on a coastal property, is accretion. Answer choices A. and B. are types of legal ownership whereas D is a loss of land, generally resulting from a change in course of a body of water. Only accretion represents a gain of property.)
33) If a strip of land is washed away by flood, this action is known as: a. alluvium. b. accretion. c. avulsion. d. reversion.
c. avulsion. (Answer choices A, B and C are all terms related to riparian rights. Refer to the glossary to become familiar with each.)
60) The general purpose of local building codes is to assure: a. the most efficient utilization of skilled labor. b. compliance with regulatory agencies. c. compliance with minimum construction requirements. d. cost effectiveness in building through uniformity of building standards.
c. compliance with minimum construction requirements. (You are correct. Local building codes are not concerned with labor, regulation or cost effectiveness.)
49) Chuck wills the family estate to Matt with the provision that title will transfer when he marries. This is an example of a(n): a. covenant. b. restriction. c. condition precedent. d. condition subsequent.
c. condition precedent. (You are correct. A condition precedent is a provision in an agreement calling for the occurrence of an event or performance of an act before a person is required to further perform or an act is to occur. In the context of this question, the condition precedent is that Matt marries before title to the family estate will transfer to him. A condition subsequent is the opposite, such as a reversionary transfer after a divorce occurs.)
74) Real estate investments may include: a. reduced unemployment. b. a stable economy. c. debt and equity funds. d. proposition 13.
c. debt and equity funds. (You are correct. Answer choice C is correct since debt and equity funds are forms of real estate investments. Answer choices A and B may represent the benefits of real estate investments, but are not real estate investments themselves.)
92) The property which benefits from an easement is referred to as the: a. servient tenement. b. diminutive tenement. c. dominant tenement. d. domicile tenement.
c. dominant tenement. (You are correct. A dominant tenement benefits from an easement; a servient tenement suffers from an easement.)
36) A sewer district's right to run pipes through a homeowner's property is an example of a(n): a. servient tenement. b. personal loss. c. easement in gross. d. riparian right.
c. easement in gross. (You are correct. Utility easements are classified as easements in gross. An easement in gross is an easement which belongs to an individual and is not appurtenant to or transferred with a property.)
75) Appurtenant rights include the right of ingress and ___________ across adjoining properties. a. trespass b. traversal c. egress d. pro rata
c. egress (You are correct. Access rights include both egress and ingress (entering and exiting), such as with a driveway easement.)
64) An individual unit in a multi-story rental apartment complex that occupies only one floor is known as a(n): a. penthouse. b. studio. c. flat. d. duplex.
c. flat. (A flat best describes an individual unit in a multi-story apartment building. Answer selection D. duplex is a two-story apartment in a multi-story residential building. Answer selection A. penthouse has to be the top floor and is thus too limited. Answer selection B. studio is a specific style of apartment.)
10) If a lien covers all properties of the debtor in that county where it is recorded, it is known as a: a. lis pendens. b. specific lien. c. general lien. d. mechanic's lien.
c. general lien. (As the lien attaches to multiple properties owned by the debtor, versus a specific property, it is referred to as a general lien.)
23) The parallel wooden beams used to support ceiling loads and floors in home construction are called: a. studs. b. rafters. c. joists. d. headers.
c. joists. (Joists are horizontal wooden beams which support floors and ceilings. Headers are above windows and doors. Studs are vertical elements. Rafters are diagonal beams reaching to the roof beam. This question provides a good opportunity to become familiar with framing terminology.)
93) The Subdivision Map Act grants control to the: a. corporation counsel. b. Department of Real Estate (DRE). c. local government. d. state building inspector.
c. local government. (You are correct. The Subdivisions Map Act is controlled by local authorities. Subdivided Lands Law is controlled by the CalBRE.)
72) Wainscoting can be found: a. as a waterproofing layer added to the exterior of a foundation. b. as the facade of an office building. c. on the lower three or four feet of an interior wall when finished differently from the rest of the wall. d. as the lining on the inside of the eaves in areas that experience heavy rains.
c. on the lower three or four feet of an interior wall when finished differently from the rest of the wall. (You are correct. Wainscoting is a traditional style of wall covering in which a chair rail divides the lower portion of the wall from the upper portion which is generally of a different material.)
35) The placement of a house upon the lot is referred to as its: a. preference. b. zoning classification. c. orientation. d. location.
c. orientation. (The placement of a house on its lot is called its orientation. This is also used to describe a direction such as "oriented toward the southern exposure." Other than location, the alternative answer selections can be easily eliminated.)
40) The property taxes for a condominium unit are paid by the: a. board of governors. b. homeowners' association (HOA). c. owner of the condominium. d. subdividers who constructed the property.
c. owner of the condominium. (In the condominium form of ownership, each individual unit is owned separately and the taxes are paid by the individual owner.)
5) Placing two or more contiguous units under common ownership for the purpose of increasing the value is known as: a. dual ownership. b. severalty ownership. c. plottage. d. reversion.
c. plottage. (The act of combining parcels of real estate is referred to as assemblage. The increase of value is referred to as plottage.)
70) A real estate broker who obtains documents in a transaction containing an electronic signature is required to do all of the following, except: a. create a paper copy of the documents. b. create a copy of the documents using electronic image storage media. c. retain a copy of the documents on a USB drive in possession of the broker at all times. d. retain a copy of the documents at a location other than the broker's place of business.
c. retain a copy of the documents on a USB drive in possession of the broker at all times. (You are correct. Under the Uniform Electronic Transactions Act, a real estate broker who obtains documents involved in a transaction that contain an electronic signature is required to retain a copy of these documents in the form of a paper copy, electronic duplicate, and by retaining copies at a location other than the broker's place of business.)
91) If a deed provides for an easement granting ingress and egress over a neighboring property but fails to locate the easement, the: a. deed is void. b. deed is voidable. c. servient tenement holder can specify a particular area so long as it is reasonable. d. dominant tenement holder can choose any area for access.
c. servient tenement holder can specify a particular area so long as it is reasonable. (The servient tenement (the owner of the neighboring property burdened by the easement) can define the location of the easement provided it is reasonable.)
96) A commercial development consisting of a single line of store-fronts constructed along a busy thoroughfare is described as a(n): a. neighborhood center. b. small mall. c. strip commercial building. d. big box store.
c. strip commercial building. (You are correct. A single line of stores can be seen as a strip commercial building. A neighborhood center includes a supermarket and possibly another anchor such as a drug store, but is not necessarily organized in a line. A small mall and big box store are similarly not organized in a line.)
84) A fee simple absolute estate is defined as: a. an estate based on a condition precedent. b. an estate for years. c. the highest interest one can have in real property. d. a life estate.
c. the highest interest one can have in real property. (You are correct. Fee title to real estate which occurs in a fee simple absolute estate is held in perpetuity and affords the owner full, absolute ownership of property free from any limitations or conditions. Thus, it is the highest interest in real property.)
48) Mary held a life estate for her lifetime in a single family residence. She leased the residence to Martha for a five-year period, but died a few weeks after the lease began. The lease was: a. invalid on its face, because the holder of a life estate does not have the right to lease the property. b. continued in effect for the full five-year term. c. valid only during the life of the lessor (Mary). d. valid only if Martha was unaware of the life estate when the lease was created.
c. valid only during the life of the lessor (Mary). (You are correct. When a life estate ends, the ownership of the real estate transfers and therefore existing contracts also end.)
3) An easement that does not specify a location is: a. voidable. b. unenforceable. c. valid. d. void.
c. valid. (You are correct. An easement does not need to specify a location in order to be valid. For example, an easement in gross held by a utility company does not specify a location.)
94) The holder of a life estate designated as the named life cannot: a. lease the property. b. sell their interest in the property. c. will their rights to an heir. d. borrow against their ownership interest.
c. will their rights to an heir. (You are correct. The named life and holder of a life estate cannot will their interest to another since the ownership of the property reverts to the previous fee owner or will be granted to others as a remainder interest when the life estate ends.)
53) A lot contains 73,000 square yards. How many acres does this equal? a. 29 b. 14.7 c. 10 d. 15.1
d. 15.1 (You are correct. The parcel of land is described in square yards. First determine how many square feet this equals by multiplying the square yard by 9. 73,000 x 9 = 657,000 square feet. Then, divide by 43,560 (the square feet in one acre). 657,000 / 43,560 = 15.1 acres.)
78) Which of the following would be the least desirable reference point for a metes and bounds description? a. The corner of a section. b. A township line. c. The corner of a quarter section. d. A riverbank.
d. A riverbank. (You are correct. A riverbank may shift over time.)
57) Appurtenances go with the land. Which of the following is not an appurtenance? a. Buildings. b. A swimming pool. c. Fences. d. A trade fixture.
d. A trade fixture. (You are correct. This is another question phrased in the negative. Trade fixtures are personal property and do not go with the land.)
82) The first component of real estate is land, which includes: a. soil. b. rocks. c. reasonable airspace above the earth. d. All the above.
d. All the above. (You are correct. Land is inclusive of all listed answer choices.)
41) Which of these does not have a specific dollar value? a. An attachment. b. A judgment. c. A mechanic's lien. d. An easement.
d. An easement. (You are correct. This is a NOT question. An easement has no specific value. The alternative answer selections are all court-related and have concrete dollar values.)
46) Which of the following best describes an estate of indefinite duration? a. Estate for years. b. Life estate. c. Periodic tenancy. d. Estate of inheritance.
d. Estate of inheritance. (You are correct. An estate of inheritance is a fee title. Therefore, it lasts in perpetuity — an indefinite time.)
9) A deed restriction prohibits a subdivision from using a residential property as a business. A buyer interested in purchasing a property in the subdivision tells their broker they intend to use one room of their house as a dog grooming service. Can the buyer do so? a. Yes, so long as none of the neighbor notice. b. Yes, if the homeowners' association (HOA) grants them explicit permission. c. Yes, so long as they only groom dogs from within the subdivision. d. No, the deed restriction prohibits the use of a residential property to conduct business.
d. No, the deed restriction prohibits the use of a residential property to conduct business. (You are correct. A deed restriction against commercial use is valid. Therefore, the answer is no, the buyer cannot use the property for business purposes.)
66) Which of the following action does not constitute constructive eviction under a lease? a. The owner fails to make necessary repairs to the property. b. The owner makes extensive and unnecessary changes to the building, making it no longer usable for its original purpose. c. The owner shows the property to a new prospective tenant and enters into lease negotiations with the new tenant. d. The owner evicts the tenant after proper service of a Three-day Notice to Quit.
d. The owner evicts the tenant after proper service of a Three-day Notice to Quit. (A constructive eviction occurs when the landlord substantially interferes with the tenant's use and enjoyment of the premises during the term of the tenancy, and the tenant vacates the premises due to the interference.)
58) In a general plan, what is the method of enforcement used by the planning commission? a. Escheat. b. Prescriptive easement. c. Eminent domain. d. Zoning.
d. Zoning. (You are correct. Enforcement of the general plan by the planning commission is accomplished through zoning laws.)
26) An easement over real property can be terminated by: a. a deed issued from the servient tenement. b. revocation by the servient tenement. c. a release signed by the servient tenement. d. a release signed by the dominant tenement.
d. a release signed by the dominant tenement. (You are correct. An easement is terminated on the release of the dominant tenement (the party that benefits from the easement).)
19) When population growth causes real estate values to increase, this is classified as: a. substitution. b. economic advantage. c. excess profit. d. an unearned incremental increase.
d. an unearned incremental increase. (Appreciation through population increase is considered an unearned incremental increase as it is obtained without any expenditure on the part of the owner. While answer selection B. economic advantage is potentially correct, it is not the answer selection which best addresses the question.)
43) An elevation sheet used in a subdivision plan shows: a. the topography of the land, including the slope, elevation of the site, streets, sidewalks and curbs. b. an interior view of the homes showing their framing. c. an aerial view of the subdivision. d. drawings of the front and side views of the finished homes.
d. drawings of the front and side views of the finished homes. (An elevation sheet is a drawing that depicts the appearance of the front and side of a home to be built. It is used in advertisements, brochures and other point of sale renderings.)
80) An acquired right to use land that is less than an estate is known as a(n): a. leasehold. b. remainder. c. riparian right. d. easement.
d. easement. (You are correct. An easement is the specific right to use land, but is not an estate. Alternatively, a leasehold is an estate. A remainder in interest will become an estate when realized. Riparian rights do not include the use of land but the water flowing over or under land, and thus are not applicable to this question.)
50) A property owner dies testate, leaving a spouse and three children. The owner's estate is distributed: a. to their heirs by right of reversion. b. one-half to their spouse and one-half divided among the three children. c. equally among the heirs. d. in accordance with their will.
d. in accordance with their will. (You are correct. To die testate is to die with a will. The terms of the will dictate how the inheritance is divided.)
32) The Real Estate Commissioner rescinds their approval of a subdivision by: a. issuing an injunction. b. issuing a writ of prohibition. c. revoking the developer's license. d. issuing a desist and refrain order.
d. issuing a desist and refrain order. (You are correct. To stop a development, the Real Estate Commissioner files a desist and refrain order against the developer.)
37) Property improvements that do not become part of the underlying real estate at the end of a lease term include: a. a stairwell. b. a wall. c. attached carpeting. d. large pieces of furniture.
d. large pieces of furniture. (You are correct. When personal property is attached to land, it becomes real estate. This includes carpeting, stairwells and walls.)
55) The term "Realtor" denotes: a. authorization to conduct real estate transactions. b. authorization to provide real estate settlement services. c. a higher legal standard of ethical conduct. d. membership in a real estate trade organization.
d. membership in a real estate trade organization. (The term "Realtor" is a trademarked term which denotes membership to a real estate trade union.)
20) Upon moving into the home he had just purchased, Lewis discovered his neighbor's garage encroached four feet over onto his property. lf a friendly settlement cannot be negotiated, Lewis may sue: a. escrow company. b. title company. c. agent, for failure to disclose the encroachment. d. neighbor, since the encroachment is a trespass.
d. neighbor, since the encroachment is a trespass. (The neighbor is the one who is trespassing and is the party the owner may sue.)
7) The term "kiosk" refers to a(n): a. commercial warehouse. b. dome frequently found on churches. c. storage warehouse. d. open-sided booth.
d. open-sided booth. (Kiosks are the small stands in the promenade of a shopping mall.)
47) Private restrictions on the use of land are best created by: a. verbal agreement. b. ratification. c. constructing a physical barrier around the property. d. recording the restrictions with the county recorder, with reference made in the deed to each parcel.
d. recording the restrictions with the county recorder, with reference made in the deed to each parcel. (You are correct. Of the answer choices provided, the best way to create a private restriction on the use of land is by recording the restrictions with the county recorder. However, a private restriction may also be created through a developer's restrictions for a subdivision or through a written agreement.)
88) An owner of a condominium unit owns: a. the common walls between the units. b. lawns and walkways in the common areas. c. the common heating system. d. the airspace within their unit.
d. the airspace within their unit. (All common elements in a condominium belong to the homeowners' association (HOA), not the individual owners, and are thus the responsibility of the HOA.)
95) A plot plan is drawn by an architect to show: a. the materials the subcontractors used to construct the property. b. elevations and soil quality. c. when construction is scheduled to begin. d. the placement of construction and related land improvements.
d. the placement of construction and related land improvements. (You are correct. A plot plan shows where a building and other site improvements will be located. Alternatively, a plat map shows the shape and size of a parcel of land and how it relates to other parcels in the immediate area.)
