Real estate class

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"A" CONVEYS PROPERTY TO "B" AND "C" WHO ARE UNRELATED AND NOT JOINT TENANTS OR RECIPROCAL BENEFICIARIES "B" DIES 1. "C" IS THE SOLE OWNER 2. "B'S" SHARE GOES TO HIS HEIRS 3. PROPERTY REVERTED BACK TO "A" 4. "E" COMES INTO THE PICTURE

2. "B'S" SHARE GOES TO HIS HEIRS

SELLER WANTS TO NET 160,000 FROM THE SALE OF HER PROPERTY SHE MUST PAY 2,500 MISCELLANEOUS CHARGES AND WILL RECEIVE A 1,500 TAX CREDIT FROM THE BUYERS THE BROKER WILL RECEIVE AN 8% COMMISSION WHAT WILL THE SELLING PRICE BE? 1. 178,300 2. 175,000 3. 173,000 4. 171,200

2. 175,000

AN ESTATE IN LAND VESTED IN A GRANTEE "UNTIL HER MARRIES" IS PROPERLY CLASSIFIED AS 1. AN ESTATE IN EQUITY 2. A DEFEASIBLE FEE 3. LESS THAN A FREEHOLD ESTATE 4. A LIFE ESTATE

2. A DEFEASIBLE FEE

WHICH OF THE FOLLOWING IS NOT ELIGIBLE TO HOLD TITLE IN A RECIPROCAL BENEFICIARY RELATIONSHIP 1. A 19 YEAR OLD MALE 2. A MARRIED PERSON 3. A REAL ESTATE BROKER 4. A DIVORCED PERSON

2. A MARRIED PERSON

A RIPARIAN OWNER IS ONE WHO OWNS LAND BOUNDING ON 1. MUNICIPAL PROPERTY 2. A WATERWAY 3. A NATIONAL FOREST 4. UNSURVEYED PUBLIC LANDS

2. A WATERWAY

IF AFTER YOU PURCHASE A PROPERTY YOU HAVE A SURVEY MADE AND FIND TAHT YOUR NEIGHBOR THROUGH ERROR HAS BUILT AN ORNAMENTAL FENCE TWO FEET OVER ON YOUR LAND THIS WOULD BE A BASIC EXAMPLE OF 1. AN EASEMENT 2. AN ENCROACHMENT 3. AN APPURTENANCE 4. ADVERSE POSSESSION

2. AN ENCROACHMENT

AN EXAMPLE OF A RIGHT PRIVILEGE OR IMPROVEMENT THAT BELONGS TO AND PASSES WITH A PROPERTY IS DESCRIBED AS A(N) 1. EMBLEMENT 2. APPURTENANCE 3. RESTRICTION 4. ENCROACHMENT

2. APPURTENANCE

WHICH OF THE FOLLOWING RESTRICTIONS IS NOT A GOVERNMENTAL RESTRICTION 1. POLICE POWER 2. COVENANT 3. ESCHEAT 4. EMINENT DOMAIN

2. COVENANT

AN APPROPRIATION OF LAND FOR SOME PUBLIC USE MADE BY THE OWNER AND ACCEPTED FOR SUCH USE BY OR ON BEHALF OF THE PUBLIC AS STREETS IN A PLOTTED SUBDIVISION IS CALLED 1. EASEMENT 2. DEDICATION 3. PUBLIC GRANT 4. CONDEMNATION

2. DEDICATION

AN APPROPRIATION OF LAND FOR SOME PUBLIC USE MADE BY THE OWNER AND ACCEPTED FOR SUCH USE BY OR ON BEHALF OF THE PUBLIC SUCH AS STREETS IN A PLATTED SUBDIVISION IS CALLED 1. AN EASEMENT 2. DEDICATION 3. A PUBLIC GRANT 4. CONDEMNATION

2. DEDICATION

UNDER HAWAII STATE LAW THE BOUNDARY LINE BETWEEN PUBLIC AND PRIVATE SHORELINE PROPERTY IS DETERMINED BY 1. STAKES IN THE SAND 2. HIGH WASH OF THE WAVES 3. MEAN HIGH TIDE MARK 4. THE BUILDING LINES

2. HIGH WASH OF THE WAVES

A PROPERTY IS PURCHASED BY A BROTHER AND SISTER WITH EQUAL SHARES IF THEY WERE NOT RECIPROCAL BENEFICIARIES THEY COULD BE I A TENANCY BY THE ENTIRETY II JOINT TENANCY 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

A TENANT IN COMMON MAY SELL HIS INTEREST I ONLY WITH THE PERMISSION AND APPROVAL OF THE OTHER TENANTS IN COMMON II AT ANY TIME WITHOUT PERMISSION OR APPROVAL 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

A UNIVERSITY RECEIVES A GIFT OF REAL PROPERTY FORM AN ELDERLY COUPLE WHO RESERVE TO THEMSELVES A LIFE ESTATE THE UNIVERSITY IS WHICH OF THE FOLLOWING? I GRANTOR II REMAINDERMAN 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

AN EASEMENT APPURTENANT I. IS THE USUAL TYPE OF EASMENT GRANTED TO UTILITY COMPANIES TO PERMIT THEM TO RUN ELECTRIC LINES ACROSS THE PROPERTY II RUNS WITH THE LAND 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

RIPARIAN RIGHTS ARE THOSE RIGHTS POSSESSED BY I. AN ONWER LIVING IN A TOWNHOUSE SUBDIVISION II. AN OWNER LIVING NEXT TO A WATERWAY 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

TO THE HOLDER OF THE DOMINANT TENEMENT AN EASEMENT IS I AN ENCUMBRANCE II AN APPURTENANCE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

WHICH IS TRUE UNDER HAWAII LAW I UNLESS OTHERWISE SPECIFIED A CONVEYANCE TO HUSBAND AND WIFE WILL CREATE A TENANCY BY THE ENTIRETY II TENANCY BY THE ENTIRETY HAS A RIGHT OF SURVIVORSHIP AND CAN ONLY BE SEVERED BY DIVORCE DEATH OR JOINT CONVEYANCE OF THE HUSBAND AND WIFE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

WHICH IS/ARE CORRECT OF RESTRICTIVE COVENANTS? I. MAY NOT BE AT VARIANCE WITH ZONING ORDINANCES II THEY ARE DEED PROVISIONS WHICH RESTRICT THE USE OF PROPERTY 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

2. II ONLY

THE DISTINGUISHING TRAITS OF REAL PROPERTY DIFFERING IT FROM PERSONAL PROPERTY ARE THAT IT 1. CAN BE MORTGAGED 2. IS PERMANENT FIXED AND IMMOVABLE 3. CAN BE FREELY TRANSFERRED 4. IS TAXED AT A HIGHER RATE

2. IS PERMANENT FIXED AND IMMOVABLE

WHICH OF THE FOLLOWING BEST DEFINES REAL PROPERTY 1. LAND AND THE AIR ABOVE IT 2. LAND AND ALLL BELOW OR ABOVE THE SURFACE AND ALL THE IMPROVEMENTS THEREON 3. LAND BUILDINGS THEREON AND ANYTHING PERMANENTLY AFFIXED TO LAND AND/OR BUILDINGS 4. LAND AND THE MINERAL RIGHTS IN THE LAND

2. LAND AND ALLL BELOW OR ABOVE THE SURFACE AND ALL THE IMPROVEMENTS THEREON

AN EXAMPLE OF A LESS-THAN-FREEHOLD ESTATE IS A(N) 1. LIFE ESTATE 2. LEASEHOLD ESTATE 3. ESTATE ON CONDITION SUBSEQUENT 4. MORTGAGE ESTATE

2. LEASEHOLD ESTATE

WHAT TERM MOSTCLOSELY RELATED TO THE RIGHTS OF NATIVE HAWAIIANS TO ACCESS UNDEVELOPED PRIVATELY OWNED SHORELINES LANDS 1. MASH 2. PASH 3. KULEANA 4. KAPU

2. PASH

THE RETURN OF LAND TO THE GRANTOR OR HIS HEIRS WHEN THE GRANT IS OVER IS 1. REMAINDER 2. REVERSION 3. KICKBACK 4. STATUS QUO

2. REVERSION

IF JORGE AND MARY OWNED AN UNDIVIDED INTEREST IN THE PROPERTY AND WHEN JORGE DIED JORGE'S SHARE WOULD PASS ON TO JORGE'S CHILDREN AND HEIRS, AND WHEN MARY DIED MARY'S SHARE WOULD PASS ON TO JORGE, HOW DO JORGE AND MARY HOLD TITLE TO THE PROPERTY 1. JOINT TENANCY 2. TENANCY IN COMMON 3. TENANCY IN SEVERALTY 4. TENANCY BY THE ENTIRETY

2. TENANCY IN COMMON

HOUSE A'S ROCK WALL WAS BUILT INTO HOUSE B'S LOT BY 4.5 INCHES IN AGRICULTURAL ZONED LAND 1. HOUSE A OWNER MUST GET AN ENCROACHMENT AGREEMENT FROM HOUSE B OWNER 2. THE 4.5 INCHES IS NOT DEEMED TO BE AN ENCROACHMENT BY STATE LAW 3. HOUSE A OWNER MUST REMOVE THE PART OF THE WALL THAT IS HOUSE B'S LOT 4. HOUSE A'S WALL CAN BE 18 INCHES INTO HOUSE B'S LOT AND NOT BE DEEMD TO BE AN ENCROACHMENT

2. THE 4.5 INCHES IS NOT DEEMED TO BE AN ENCROACHMENT BY STATE LAW

WHEN PURCHASING REAL ESTATE, THE FORM OR METHOD OF OWNERSHIP(SEVERALTY TENANTS IN COMMON OR JOINT TENANTS) SHOULD BEST BE DETERMINED BY 1. THE BROKER 2. THE BUYER AND HIS ATTORNEY 3. THE SELLER 4. THE LAW OF THE STATE IN WHICH THE REAL ESTATE IS LOCATED

2. THE BUYER AND HIS ATTORNEY

A WOMAN AND HER BROTHER HOLD PROPERTY IN JOINT TENANCY THE WOMAN DEEDED HER PART TO HERSELF AND HER HUSBAND 1. THE DEED TO THE HUSBAND IS INVALID 2. THE JOINT TENANCY IS BROKEN 3. ALL THREE NOW HOLD TITLE IN JOINT TENANCY 4. JOINT TENANCY REMAINS THE SAME

2. THE JOINT TENANCY IS BROKEN

THE WORD "HOSTILE" AS APPLIED TO ADVERSE POSSESSION MEANS 1. THE TENANT HATES THE LANDLORD 2. THE POSSESSOR CLAIMS OWNERSHIP WITHOUT PERMISSION 3. THE POSSESSOR WILL DEFEND LAND BY FORCE IF NECESSARY 4. THE POSSESSOR HAS FENCED OFF THE LAND

2. THE POSSESSOR CLAIMS OWNERSHIP WITHOUT PERMISSION

WHICH OF THE FOLLOWING STATEMENTS APPLY EQUALLY TO JOINT TENANTS AND TENANTS BY THE ENTIRETY 1. THERE IS NO RIGHT TO FILE A PARTITION SUIT 2. THE SURVIVOR BECOMES OWNER 3. A DEED SIGNED BY ONE WILL CONVEY A FRACTIONAL INTEREST 4. A DEED WILL NOT CONVEY ANY INTEREST UNLESS ISGNED BY BOTH SPOUSES

2. THE SURVIVOR BECOMES OWNER

UNDER A LAND TRUST TITLE TO THE REAL PROPERTY IS HELD IN THE NAME OF A 1. BENEFICIARY 2. TRUSTEE 3. DIRECTOR 4. TRUSTOR

2. TRUSTEE

A RIPARIAN OWNER IS ONE WH OWNS LANDS BOUNDING ON 1. MUNICIPAL PROPERTY 2. WATERWAY 3. NATIONAL FOREST 4. UNSURVEYED PUBLIC LANDS

2. WATERWAY

THE DIFFERENCE BETWEEN POLICE POWER(PLANNING ZONING ETC) AND EMINENT DOMAIN CAN BEST BE DETERMINED BY 1. WHETHER OR NOT THE ACTION WAS BY SOVEREIGN POWER OR BY STATUTE 2. WHETHER OR NOT ANY COMPENSATION WAS PAID OT THE OWNER 3. WHETHER OR ONT THE OWNER'S USE WAS AFFECTED 4. WHETHER OR NOT THE IMPROVEMENTS ARE TO BE RAZED

2. WHETHER OR NOT ANY COMPENSATION WAS PAID OT THE OWNER

IF "A" DEEDS PROPERTY TO "B" AND HIS HEIRS WITH THE STIPULATION THAT IF "B" LEAVES NO HEIRS THE PROPERTY IS THEN TO GO TO "C" THEN "C" NOW HOLDS. 1. A LIFE ESTATE 2. A REVERSION FEE 3. A REMAINDER FEE 4. A REVERSIONARY INTEREST

3. A REMAINDER FEE

A RESTRICTION IS CONSIDERED TO BE A 1. A LIEN 2. A COLOR TITLE 3. AN ENCUMBRANCE 4. AN ABSTRACT

3. AN ENCUMBRANCE

A FREEHOLD MAY BE I A LIFE ESTATE II A FEE SIMPLE ESTATE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

A LIFE ESTATE MAY BE GRANTED I FOR THE DURATION OF MORE THAN ONE GRANTEE'S LIFE II FOR THE DURATION OF THE LIFE OF SOMEONE OTHER THAN THE GRANTEE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

AN EASEMENT IS TERMINATED I WHEN THE DOMINANT AND SERVIENT TENEMENTS MERGE II WHEN THE PARTICULAR PURPOSE FOR WHICH THE EASEMENT WAS CREATED CEASES 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

IN A JOINT TENANCY I SHARE MUST BE EQUAL II ANY PARY MAY CONVEY HIS SHARE WITHOUT CONSENT OF THE OTHERS 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

LAND, IN A PHYSICAL SENSE MAY BE SAID TO INCLUDE I. THE SURFACE OF THE EARTH AND THE SUBSURFACE II. THE AIR ABOVE THE SURFACE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

PRIOR TO 1977 THE RIGHT OF DOWER IN HAWAII MEANS I THE WIFE MAY HAVE AN INCHOATE LIFE INTEREST IN HER HUSBAND'S PROPERTY WHETHER FREEHOLD OR LEASEHOLD II THE WIFE DOES NOT LOSE HER DOWER RIGHTS WHEN THE HUSBAND SELLS THE PROPERTY AND SHE DOES NOT JOIN IN THE DEED 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

3. BOTH I AND II

THE RIGHT OF OWNERSHIP, THE RIGHT TO USE, POSSESS ENJOY AND DISPOSE OF A THING IN EVERY LEGAL WAY AND TO EXCLUDE EVERYONE ELSE WITHOUT RIGHTS FROM INTERFERING IS CALLED 1. CORPOREAL OWNERSHIP 2. INCORPOREAL OWNERSHIP 3. BUNDLE OF RIGHTS 4. SURVIVORSHIP

3. BUNDLE OF RIGHTS

ALL OF THE FOLLOWING FORMS OF OWNERSHIP ARE RECOGNIZED UNDER HAWAII LAW EXCEPT 1. TENANCY IN COMMON 2. JOINT TENANCY WITH SURVIVORSHIP RIGHTS 3. COMMUNITY PROPERTY 4. TENANCY BY THE ENTIRETY

3. COMMUNITY PROPERTY

IF A DEEDS PROPERTY TO B AND HER HEIRS WITH THE STIPULATION THAT IF B LEAVES NO HEIRS THE PROPERTY WILL THEN GO TO C, THEN C NOW HOLDS WHICH TYPE OF ESTATE? 1. CONTINGENT LIFE ESTATE 2. CONTINGENT REVERSION FEE 3. CONTINGENT REMAINDER FEE 4. REVERSIONARY INTEREST

3. CONTINGENT REMAINDER FEE

MOM AND DAD OWN THEIR OWN HOME AS TENNANTS IN COMMON MOM DEEDS HER SHARE TO THE TWO CHILDREN BEFORE SHE DIES DAD DECIDES TO SELL THE HOUSE WHO SHOULD SIGN THE LISTING? 1. DAD 2. MOM AND DAD 3. DAD AND BOTH CHILDREN 4. DAD AND ONE OF THE CHILDREN

3. DAD AND BOTH CHILDREN

WHICH OF THE FOLLOWING IS NOT REQUIRED FOR A VALID BILL OF SALE 1. SIGNATURE OF THE SELLER 2. DESCRIPTION OF THE ITEMS 3. DATE OF TRANSACTION 4. NAME OF BUYER

3. DATE OF TRANSACTION

AN OWNER OF A LIFE ESTATE CAN DO ALL OF THE FOLLOWING EXCEPT 1. SELL 2. MORTGAGE 3. DEVISE 4. LEASE

3. DEVISE

AN OWNER OF A LIFE ESTATE CAN TEMPORARILY DO ALL BUT ONE OF THE FOLLOWING 1. SELL HIS INTEREST 2. MORTGAGE HIS INTEREST 3. DEVISE HIS INTEREST 4. LEASE HIS INTEREST

3. DEVISE HIS INTEREST

WHEN AN EASEMENT APPURTENANT EXISTS BETWEEN TWO PARCELS OF LAND THAT ARE SEPARATELY OWNED THE 1. DOMINANT TENEMENT HAS USE OF THIS EASEMENT ONLY FOR INGRESS AND EGRESS 2. SERVIENT TENEMENT MUST HAVE CREATED THE EASEMENT IN WRITING 3. DOMINANT TENEMENT IS BENEFITED BY THE EASEMENT 4. SERVIENT TENEMENT MAY REVOKE THE USE OF EASEMENT BY GIVING PROPER NOTICE

3. DOMINANT TENEMENT IS BENEFITED BY THE EASEMENT

HENRY IS MARRIED TO WINIFRED IN 1988 HENRY BUYS PROPERTY IN 1990 AND TAKES OWNERSHIP BY SEVERALTY SUBSEQUENTLY HENRY DIES WINIFRED COULD PETITION FOR 1. DOWER 2. CURTESY 3. ELECTIVE SHARE 4. COMMUNITY PROPERTY

3. ELECTIVE SHARE

COMPENSATION USUALLY FOLLOWS A COURT ACTION RELATING TO WHICH OF THE FOLLOWING 1. TRUSTEE'S SALE 2. POLICE POWER 3. EMINENT DOMAIN 4. QUIET TITLE

3. EMINENT DOMAIN

IN REAL ESTATE, THE TERM IMPROVEMENTS MOST NEARLY MEANS 1. FENCES, WELLS, DRAINS AND ROADWAYS 2. ADDITIONS TO THE ORIGINAL STRUCTURE 3. EVERYTHING ARTIFICIAL OR CONSTRUCTED EXCEPT THE LAND 4. UPGRADES TO THE INTERIOR

3. EVERYTHING ARTIFICIAL OR CONSTRUCTED EXCEPT THE LAND

IN REAL ESTATE THE TERM "IMPROVEMENTS" MOSTLY MEANS 1. FENCES WELLS DRAINS AND ROADWAYS 2. ADDITIONS TO THE ORIGINAL STRUCTURE 3. EVERYTHING TANGIBLE EXCEPT THE LAND 4. OUTBUILDINGS

3. EVERYTHING TANGIBLE EXCEPT THE LAND

ONE OF THE ADVANTAGES OF A JOINT TENANCY IS THAT 1. IT CANNOT BE TERMINATED WITHOUT THE CONSENT OF EACH TENANT 2. TENANTS MAY OWN DIFFERENT FRACTIONAL SHARES 3. IT AVOIDS DELAYS AND EXPENSES OF PROBATE 4. IT CAON ONLY EXIST BETWEEN HUSBAND AND WIFE

3. IT AVOIDS DELAYS AND EXPENSES OF PROBATE

WHICH OF THE FOLLOWING IS CORRECT REGARDING A LIFE ESTATE 1. IT MUST BE MEASURED BY TH ELIFE OF ONE PERSON ONLY 2. BECAUSE IT IS BASED ON LIFE IT MAY NOT BE ENCUMBERED BY THE HOLDER 3. IT MAY BE CREATED BY WILL OR DEED 4. REQUIRES THAT THE HOLDER MAKE PRINCIPAL PAYMENTS ON ANY ENCUMBRANCES

3. IT MAY BE CREATED BY WILL OR DEED

A LEGAL FORM OF OWNERSHIP IN HAWAII IN WHICH THE OWNERS ARE CALLED MEMBERS IS KNOWN AS 1. LIMITED PARTNERSHIP 2. CORPORATION 3. LIMITED LIABILITY COMPANY 4. LAND TRUST

3. LIMITED LIABILITY COMPANY

GENERALLY THINGS OR OBJECTS OF A TEMPORARY OR EASILY MOVALBE NATURE ARE 1. NEGOTIATED 2. INCLUDED 3. PERSONAL PROPERTY 4. APPURTENANCES

3. PERSONAL PROPERTY

IN A LAND TRUST THE BENEFICIARY'S INTEREST IS 1. REAL PROPERTY 2. LIFE ESTATE 3. PERSONAL PROPERTY 4. REVERSION

3. PERSONAL PROPERTY

ALL OF THE FOLLOWING ARE SYNONYMOUS WITH LAND AND IMPROVEMENTS AND RIGHTS THERE IN EXCEPT 1. REAL ESTATE 2. REAL PROPERTY 3. REALTOR 4. REALTY

3. REALTOR

THE MOST PRACTICAL METHOD OF IMPOSING RESTRICTIONS ON ALL LOTS IN A LARGE NEW SUBDIVISION IS BY 1. PUBLISHING THE RESTRICTION IN A NEWSPAPER OF GENERAL CIRCULATION 2. INCLUDING THE RESTRICTIONS AS COVENANTS IN ALL DEEDS 3. RECORDING THE RESTRICTIONS PRIOR TO ANY SALES IN THE MANNER PROVIDED BY LAW 4. POSTING THE RESTRICTIONS ON THE PROPERTY

3. RECORDING THE RESTRICTIONS PRIOR TO ANY SALES IN THE MANNER PROVIDED BY LAW

WHEN A PERSON OWNS PROPERTY TO THE EXCLUSION OF ALL OTHER PERSONS HE IS SAID TO HOLD PROPERTY IN 1. PERSONALTY 2. COMMON 3. SEVERALTY 4. SECRET

3. SEVERALTY

WHEN AN EASEMENT APPURTENANT EXISTS BETWEEN TWO PARCELS OF LAND WHICH ARE SEPARATELY OWNED 1. THE DOMINANT TENEMENT HAS USE OF THIS EASEMENT ONLY FOR INGRESS AND EGRESS 2. THE SERVIENT TENEMENT IS BENEFITED BY THE EASEMENT 3. THE DOMINANT TENEMENT IS BENEFITED BY THE EASEMENT 4. THE SERVIENT TENEMENT MAY REVOKE THE USE OF EASEMENT BY GIVING PROPER NOTICE

3. THE DOMINANT TENEMENT IS BENEFITED BY THE EASEMENT

WHICH OF THE FOLLOWING IS PERSONAL PROPERTY? 1. MINERAL RIGHTS 2. WATER RIGHTS 3. THE GOODWILL AND INVENTORY OF A BUSNIESS OPPORTUNITY 4. TREES

3. THE GOODWILL AND INVENTORY OF A BUSNIESS OPPORTUNITY

ALL OF THE FOLLOWING STATEMENTS ABOUT DEED RESTRICTIONS ARE TRUE EXCEPT 1. THEY ARE FREQUENTLY ENCOUNTERED IN RESIDENTIAL SUBDIVISIONS 2. THEY ARE CALLED RESTRICTIVE COVENANTS 3. THEY TERMINATE ON THE DEATH OF THE GRANTOR 4. ONCE ESTABLISHED THEY RUN WITH THE LAND AND ARE LIMITATIONS ON THE USE OF FUTURE GRANTEES

3. THEY TERMINATE ON THE DEATH OF THE GRANTOR

IF TITLE IS INDEFEASIBLE IT CANT BE 1. RECORDED 2. CONVEYED 3. VOIDED 4. ALIENATED

3. VOIDED

A WIDOW WHO IS WILLED THE USE OF THE FAMILY HOME FOR THE REST OF HER NATURAL LIFE WITH PROVISION THAT TITLE SHALL GO TO THE CHILDREN UPON HER DEATH HOLDS. 1. A FEE SIMPLE ESTATE 2. A LEASEHOLD 3. AN EASEMENT 4. A LIFE ESTATE

4. A LIFE ESTATE

WHICH OF THE FOLLOWING IS NOT AN APPURTENANCE 1. A BARN 2. AN ORCHARD 3. A FENCE 4. A TRADE FIXURE

4. A TRADE FIXURE

A JOINT TENANT MAY NOT 1. SELL HIS INTEREST 2. GIVE AWAY HIS INTEREST 3. ENCUMBER HIS INTEREST 4. DEVISE HIS INTEREST

4. DEVISE HIS INTEREST

WHICH OF THE FOLLOWING CREATES DEED RESTRICTIONS 1. LOCAL BUILDING INSPECTOR 2. AUTHORIZED AUTHORITIES 3. PLANNING COMMISSION 4. GRANTOR

4. GRANTOR

MANUEL OWNS LAND REGISTERED IN LAND COURT HE BORROWS 100,000 FROM BART AND SIGNS A MORTGAGE ENCUMBERING THE LAND THE MORTGAGE HAS NEVER BEEN REGISTERED MANUEL THEN SELLS THE LAND TO LEE WHO REGISTERED THE TITLE IN LAND COURT IN WHAT POSITION DOES LEE FIND HIMSELF? 1. HE IS LIABLE FOR THE MORTGAGE WHETHER OR NOT HE KNEW ABOUT IT 2. HE IS LIABLE BECAUSE HE KNEW ABOUT THE MORTGAGE 3. HE IS LIABLE WHEN BART TAKES HIM TO COURT 4. HE IS NOT LIABLE BECAUSE THE MORTGAGE WAS NOT REGISTERED

4. HE IS NOT LIABLE BECAUSE THE MORTGAGE WAS NOT REGISTERED

ALL BUT ONE OF THE FOLLOWING ELEMENTS IS REQUIRED FOR ADVERSE POSSESSION THE POSSESSION MUST BE 1. HOSTILE 2. NOTORIOUS 3. UNDER CLAIM OF RIGHT 4. HELD BY TACKING

4. HELD BY TACKING

A WIFE'S INTEREST IN HER HUSBAND'S PRE-1977 ESTATE PRIOR TO HIS DEATH IS BEST DESCRIBED AS 1. RIGHT OF DESCENDENCY 2. CURTESY 3. CONSUMMATE DOWER 4. INCHOATE DOWER

4. INCHOATE DOWER

FIVE SIBLIGNS OWN A 5 ACRE FARM LOT IN JOINT TENANCY 1. WHEN SIBLING 1 DIES THE PROPERTY MUST GO THROUGH PROBATE 2. WHEN SIBLING 3 DIES HIS SHARE GOES TO HIS DAUGHTER 3. SIBLING 5 CAN DEED HER SHARE TO HER HUSBAND IN HER WILL 4. NONE OF THE ABOVE

4. NONE OF THE ABOVE

AN ACTION BROUGHT BY A CO-OWNER OF PROPERTY TO COMPEL THE SEVERANCE OF THEIR RESPECTIVE INTEREST IS AN ACTION FOR 1. FORECLOSURE 2. QUIET TITLE 3.FORFEITURE 4. PARTITION

4. PARTITION

A TENANCY IN COMMON MUST HAVE UNITY OF 1. TIME 2. TITLE 3. INTEREST 4. POSSESSION

4. POSSESSION

AN EASEMENT CREATED BY ADVERSE USE IS SAID TO HAVE BEEN CREATED BY 1. EXPRESS GRANT 2. IMPLICATION OF LAW 3. RESERVATION 4. PRESCRIPTION

4. PRESCRIPTION

IN HAWAII MINERAL RIGHTS USUALLY BELONG TO 1. FEDERAL GOVERNMENT 2. COUNTY GOVERNMENT 3. PRIVATE LAND OWNERS 4. STATE OF HAWAII

4. STATE OF HAWAII

THE RIGHT OF EMINENT DOMAIN REFERS TO 1. THE RIGHT OF EVERY AMERICAN CITIZEN TO OWN PROPERTY 2. AN INSTITUTION TO CONDEMN PROPERTY PENDING AN IMPROVEMENT THAT IS FOR THE GOOD OF THE COMMUNITY 3. AN INSTITUTION OR INDIVIDUAL TO ACQUIRE LAND BY GRANT FROM THE GOVERNMENT 4. THE GOVERNMENT RIGHT TO ACQUIRE OR AUTHROIZE OTHERS TO ACQUIRE TITLE TO PROPERTY FOR PUBLIC USE WITH JUST COMPENSATION

4. THE GOVERNMENT RIGHT TO ACQUIRE OR AUTHROIZE OTHERS TO ACQUIRE TITLE TO PROPERTY FOR PUBLIC USE WITH JUST COMPENSATION

THE CONTROLLING FACTOR IN DETERMINING WHETHER SOMETHING IS A FIXTURE IS 1. THE METHOD OF ITS ATTACHMENT 2. DESCRIPTION OF THE ITEMS 3. ITS WEIGHT 4. THE INTENTION OF THE PARTIES

4. THE INTENTION OF THE PARTIES

THE MOST IMPORTANT FACTOR IN DETERMINING WHETHER SOMETHING IS A FIXTURE IS 1. THE METHOD OF ITS ATTACHMENT 2. ITS SIZE 3. ITS WEIGHT 4. THE INTENTION OF THE PARTY WHO ATTACHED IT

4. THE INTENTION OF THE PARTY WHO ATTACHED IT

"QUIETING A TITLE" MOST NEARLY MEANS 1. TO OBTAIN TITLE BY ADVERSE POSSESSION 2. TO COLOR A TITLE 3. TO MORTGAGE THE PROPERTY 4. TO SETTLE A CLOUD ON THE TITLE BY COURT ACTION

4. TO SETTLE A CLOUD ON THE TITLE BY COURT ACTION

WHICH OF THE FOLLOWING IS TYPICALLY PERSONAL PROPERTY? 1. GAS AND MINERAL RIGHTS 2. WATER RIGHTS 3. A BENEFICIARY'S RIGHTS UNDER A REAL PROPERTY TRUST 4. TRADE FIXTURES

4. TRADE FIXTURES

TO ESTABLISH A CLAIM TO TITLE OF A PARCEL OF REALTY BY ADVERSE POSSESSION A CLAIMANT MUST HOLD THE PARCEL 1. EITHER EXCLUSIVELY OR IN COMMON WITH OTHERS PROVIDED HE CAN ACCOUNT FOR SUBSTANTIAL ENCLOSURE AND IMPROVEMENT OR ANNUAL CULTIVATION 2. UNINTERRUPTED FOR THE STATUTORY PERIOID WITH OR WITHOUT OWNER'S CONSENT 3. UNDER ANY CIRCUMSTANCES PROVIDED A CLIAM OR COLOR OF TITLE IS FILED 4. UNDER CONDITIONS HOSTILE TO OWNER

4. UNDER CONDITIONS HOSTILE TO OWNER

TWO SISTERS F AND M INHERIT REAL PROPERTY FROM THEIR MOTHER WITH NO STIPULATION EXCEPT THAT ONE-THIRD IS TO GO TO F AND TWO-THIRDS TO M WHICH OF THE FOLLOWING IS TRUE? 1. F AND M ARE JOINT TENNANTS OF THE PROPERTY 2. M MAY NOT MORTGAGE HER INTEREST IN THE PROPERTY WITHOUT F'S CONSENT 3. UPON F'S DEATH, HER PART OF THE PROPERTY REVERTS TO M 4. UPON M'S DEATH, HER SHARE PASSES TO HER HEIRS OR DEVISEES

4. UPON M'S DEATH, HER SHARE PASSES TO HER HEIRS OR DEVISEES

TWO SISTERS MARY AND ROSE INHERIT REAL PROPERTY FROM THEIR MOTHER WITH NO STIPULATION EXCEPT THAT ONE THIRD IS TO GO TO MARY AND TWO-THIRDS TO ROSE. WHICH OF THE FOLLOWING IS TRUE 1. MARY AND ROSE ARE JOINT TENANTS OF THE PROPERTY 2. ROSE MAY NOT MORTGAGE HER INTEREST IN THE PROPERTY WITHOUT MARY'S CONSENT 3. UPON MARY'S DEATH HER PART OF THE PROPERTY REVERTS TO ROSE 4. UPON ROSE'S DEATH HER SHARE PASSES TO HER HEIRS OR DEVISEES

4. UPON ROSE'S DEATH HER SHARE PASSES TO HER HEIRS OR DEVISEES

IF A PAYMENT OF 57.75 INTEREST ONLY IS MADE EVERY THREE MONTHS ON A 4,200 LOAN, WHAT IS THE RATE OF INTEREST 1. 5 1/2 2. 1 3/8 3. 4 1/8 4. 18 1/6

1. 5 1/2

WHICH STATEMENT MOST ACCURATELY DESCRIBES THE MINIMUM ALLOWABLE TOLERANCE FOR THE SPECIFIC TYPE OF PROPERTY 1. 9 INCHES FOR ARGICULTURAL AND RURAL PROPERTY 2. 6 INCHES FOR COMMERCIAL PROPERTY 3. 3 INCHES FOR RESIDENTIAL PROPERTY 4. 5 INCHES FOR MULTI-UNIT RESIDENTIAL

1. 9 INCHES FOR ARGICULTURAL AND RURAL PROPERTY

THE OWNER OF LAND IN HAWAII MOST COMMONLY OWNS WHICH OF THE FOLLOWING 1. AIR RIGHTS 2. MINERAL RIGHTS 3. GEOTHERMAL RIGHTS 4. OIL RIGHTS

1. AIR RIGHTS

THE DEGREE QUANTITY OR NATURE OF A PERSON'S INTEREST IN REAL PROPERTY IS KNOWN AS 1. AN ESTATE 2. DOWER 3. CURTESY 4. POSSESSION

1. AN ESTATE

ASSUME THE CONTRACT FOR THE SALE OF REAL PROPERTY INCLUDES THE SALE OF CERTAIN REMOVABLE ITEMS SUCH AS PAINTINGS AND FURNITURE UPON DELIVERY OF THE DEED THE SELLER SHOULD ALSO DELIVER A(N) 1. BILL OF SALE 2. ESTOPPEL CERTIFICATE 3. CHATTEL MORTGAGE 4. SATISFACTION PIECE

1. BILL OF SALE

WHEN THE CONTRACT FOR THE SALE OF REAL PROPERTY INCLUDES THE CASH SALE OF CERTIAN REMOVABLE FIXTURES SUCH AS REFRIGERATORS AND FURNITURE UPON DELIVERY OF THE DEED THE SELLER SHOULD ALSO DELIVER A 1. BILL OF SALE 2. ESTOPPEL CERTIFICATE 3. CHATTEL MORTGAGE 4. SATISFACTION PIECE

1. BILL OF SALE

WHICH OF THE FOLLOWING DOES NOT APPLY TO REAL PROPERTY 1. CHATTEL MORTGAGE 2. FEE SIMPLE 3. FIXTURE 4. APPURTENANCES

1. CHATTEL MORTGAGE

AN EXAMPLE OF PERSONAL PROPERTY IS 1. HOUSEHOLD FURNISHINGS 2. WALL TO WALL CARPETING 3. BUILTIN DISHWASHER 4. DISPOSAL

1. HOUSEHOLD FURNISHINGS

A & B ARE TENANTS IN COMMON IF B DIES I A'S INTEREST IN THE PROPERTY IS UNAFFECTED II B'S INTERESTS GOES TO A 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

1. I ONLY

RESTRICTIONS IN A DEED WHICH BENEFIT THE GRANTOR I. CAN BE REMOVED BY THE GRANTOR ISSUING A QUITCLAIM DEED II CANNOT BE MORE STRICT THAN THE CURRENT ZONING USE 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

1. I ONLY

THE BOUNDARY OF YOUR PROPERTY LINE CAN BE CHANGED BY I. ACCRETION II. ENCROACHEMNT 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

1. I ONLY

THE RIGHT OF SURVIVORSHIP IS A FEATURE OF I JOINT TENANCY II TENANCY IN COMMON 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

1. I ONLY

WHICH OF THE FOLLOWING CAN TAKE TITLE TO REAL PROPERTY IN TENANCY BY THE ENTIRETY I HUSBAND AND WIFE II FATHER AND FOUR YEAR OLD SON 1. I ONLY 2. II ONLY 3. BOTH I AND II 4. NEITHER I NOR II

1. I ONLY

A 30-YEAR OLD LAVA ROCK WALL THAT EXTENDS INTO YOUR NEIGHBOR'S YARD IS CONSIDERED TO BE A(N) 1. ILLEGAL ENCROACHMENT 2. ZONING VIOLATION 3. ADVERSE POSSESSION CLAIM 4. PERMITTED DE MINIMUS STRUCTURE POSITION DISCREPANCY

1. ILLEGAL ENCROACHMENT


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