Real estate Title and Ownership Secrion II quiz
A lien that is established by the state legislature is a) a statutory lien b) a legislative lien c) an involuntary lien d) both a and c
D.
Jim and Sally own adjoining properties. Sally's deed gives her the right to cross Jim's property. Sally's right is known as A) an easement by necessity B) an easement in gross C) a license D) an easement appurtenant
D.
Jones buys a lot that has not access by way of a public road. He can gain access to his land by way of his neighbors land that has public road access A) only if the grantor of the property caused the lot to be landlocked B) only is his neighbor agrees to give him an easement C) only by establishing an easement by prescription D) either if the grantor of the property caused the lot to be landlocked or if his neighbor agrees to give him an easement
D.
Private restrictions cannot A) be based on aesthetic considerations B) restrict the owners lawful use of the land C) take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance D) restrict the grantees conveyance of the property
D.
Property held in joint tenancy passes to the _________________ upon death of one of the owners A) landlords B) state C) heirs of the deceased D) surviving owners
D.
Sara builds an addition to her home, part of which turns out to be on land belonging to June. This is an example of A) accretion B) riparian C) easement D) encroachment
D.
The owner of an undivided interest in land with no right of survivorship owns it as a A) tenant-in-common B) joint tenant C) tenant in severalty D) either tenancy in common or tenancy in severalty
D.
When the last heir of a property owner dies, absent a provision in a will devising the property, title will revert to a) heirs of the deceased b) landlord c) utility company d) the state
D.
Which is specifically used to control density and overcrowding by regulating setbacks, building heights and percentage of open areas? A) PUD B) master plan C) spot zoning D) bulk zoning
D.
Which of the following is an enforceable deed restriction? A) exterior design B) building size C) limitations on the height of trees D) all of these choices are enforceable
D.
Which of the following statements about liens is always true? A) a lien is an encumbrance on title B) a lien arises from a debt C) a lien creates a cloud on title when D) all of the above
D.
T/F: an easement is just another form of encroachment
Easement is the legal right to use someone's land
T/F: the decision of a zoning board is final
False
T/F: the word "fee" means possession
False
T/F: constructive notice means that an individual has seen or been given actual information or documents
False Constructive botice means that information has been made available to the public.
T/F: restrictive covenants are not encumbrances against property
False Restrictive covenants are private agreements that constitute encumbrances
T/F: in a tenancy by the entireties, each spouse owns 50% interest in the property
False Both own the entire estate
T/F: government can regulate land use any way they want
False Can't discriminate and must promote the general welfare
T/F: a writ of attachment is a statutory lien
False Created by court action
T/F: an easement by implications is one created by operation of law
False Easements by implication arise from the acts or conduct of the parties
T/F: bulk zoning controls industrial construction
False It controls density
T/F: life tenants may do anything they want to with the premises of their life estate property
False May not commit waste, must maintain the premises in good repair, and pay the mortgage, taxes, and insurance
T/F: surveys just measure the boundaries of land
False Measures the boundaries of a land area, locate improvements, and determine the existence of easements, encroachments, and setback requirments
T/F: most title insurance policies protect the title against encroachments
False Most will not
T/F: the government can pay any price it wants for property taken by condemnation
False Must agree to price or court decides
T/F: police power is the same thing as eminent domain
False Police power is the uncompensated regulation of property
T/F: Alienation refers to change of ownership by deed
False Refers to any change in title not just by deed
T/F: suppliers can get a mechanics lien only if they have an express, written contract for the material supplied.
False Suppliers can obtain mechanics lien based on either an expressed or implied contract
T/F: a party wall agreement is a personal easement in gross
False The party wall becomes an appurtenance that would stay with the property when either property is sold. It does not relate to a person, but to the property
T/F: if one owner in a joint tenancy sells his interest, the purchaser will be a joint tenant as well.
False The purchaser would be a tenancy-in-common
T/F: taxes do not become liens until the due date for payments has passed
False They become liens when they are assessed
T/F: you could sue a municipal fire department for damaging your building in the process of putting out a fire
False You could only make a claim against your insurance company
T/F an acknowledgment means that you agree to what you signed
Fasle Acknowledgment is a formal declaration made by a person who has signed a document before an authorized officer
T/F a tenancy by the entireties will be severed by divorce
True
T/F: Easements are terminated when the need for the easement no longer exists
True
T/F: Inquiry notice is legal notice presumed by law
True
T/F: a residential area can be rezoned so that no further homes can be built
True
T/F: a survey performed after an encroachment should reveal the encroachment
True
T/F: a zoning board could issue a permit for a hospital to be built in an area zoned residential
True
T/F: an IRS lien is a general lien
True
T/F: an abstract of title is a full summary of the title history, with a statement of all recorded liens and encumbrances
True
T/F: an easement by necessity is one created by operation of law
True
T/F: an easement may be accomplished by operation of law through the governments power of eminent domain in condemnation proceedings
True
T/F: an encumbrance is an impediment on the title
True
T/F: bare legal title lacks the usual rights and privileges of ownership
True
T/F: building codes are sometimes based on national standards
True
T/F: community property is a statutory estate
True
T/F: escheat keeps property from becoming ownerless
True
T/F: fee simple title can be held in a trust
True
T/F: if a property owner holds fee simple defeasible title, his or her title is subject to certain specified conditions
True
T/F: it is possible for the creator of the trust, trustor, and the beneficiary to be the same person
True
T/F: judgement liens are general, statutory involuntary liens that attach to real property.
True
T/F: most incorporated cities and counties in the United States have land records
True
T/F: restrictive covenants are a type of private zoning
True
T/F: state and local police power is derived from the U.S. constitution
True
T/F: tenancy-in-common is the most common form of co-ownership
True
T/F: the wording in a deed "to B for the life of C" creates an estate known as pur autre vie (life estate)
True
T/F: you could have a lien on your property as a result of the county installing sidewalks in your neighborhood
True
Which of the following is NOT an encumbrance that affects property physically? A) mechanics liens B) deed restrictions C) encroachments D) both mechanic's liens and deed restrictions
A
A restrictive covenant would most likely be reinforced by A) an injunction B) eminent domain C) a writ of attachment D) a cease and desist order
A.
Each of the following entities has the power of eminent domain, EXCEPT: A) religious schools B) railroads C) public utilities D) school districts
A.
Laws that set minimum construction standards are A) building codes B) zoning codes C) environmental laws D) condemnations laws
A.
Powers of the federal government include all of the following EXCEPT A) the right to impose a tax lien for unpaid real property taxes B) the right to condemn property for the public good C) the right to take title to property that is unclaimed D) the right to impose a tax lien for unpaid estate taxes
A.
Sam had a life estate in a five-acre tract of land. When Sam dies, the property will pass to his nephew. Sam wishes to sell his interest in the property. Which of the following is true? A) Sam's buyer will acquire the same interest held by Sam B) Sam cannot sell his interest C) Sam's nephew can sue to prevent the sale D) Sam can only sell his interest with his nephews permission
A.
The creation of an easement by prescription is most similar to A) adverse possession B) unlawful detainer action C) accretion D) police power
A.
Which best describes a marketable title? A) reasonably free from the risk of litigation over possible defects B) the right to obtain ownership to property when title is held in another's name C) proof of ownership D) statement of opinion of the title status
A.
Which is an example of constructive notice? A) recording documents in the land records B) telling a person that you have an easement across his land C) receipt of a building permit D) a neighbor telling you about a mineral right he has to your land
A.
A country store located in a residential area burns down. Which of the following is most likely? A) the owner can rebuild the building exactly how it was B) the owner may rebuild a store only if he obtains a variance or spot zoning C) the owner may restore the building to its original condition D) the owner may not rebuild at all
B.
All of the following are encumbrances EXCEPT A) easements B) emblements C) mortgages D) restrictions
B.
An estate that may be terminated by any party at any time is an estate: A) for years B) at will C) in possession D) in termination
B.
Carol has a right to use Fred's driveway for her lifetime. Carol has a/an A) life estate B) easement in gross C) license to use D) riparian rights
B.
If a third party is not named, the grantor of a life estate retains a: A) reversionary estate B) less-than-freehold estate C) remainder estate D) estate for years
B.
Permission granted to hunt on another's land is an example of A) an incorporeal easement B) a license C) an easement by prescription D) an easement appurtenant
B.
Police power includes all the of the following EXCEPT A) zoning and building codes B) the right to take property when it's owner dies without a will and without and heirs C) government land-use regulations D) real estate licensing laws
B.
The distance required between a building and the street or property line is the A) base line B) setback C) buffer zone D) abatement
B.
The government's right to make laws and regulations for the general welfare is known as: A) eminent domain B) police power C) escheat D) bundle of rights
B.
The land on which a high-rise condominium is owned by A) a non-profit corporation B) the individual unit owners as tenant-in-common C) a syndicate D) a limited partnership
B.
The order of priority of liens would most likely be A) mortgage, tax, mechanic's B) tax, mortgage, mechanic's C) mechanic's, tax, mortgage D) mortgage, mechanics, tax
B.
The purpose of city planning is to A) establish commerce in a city B) guide the future development of a city C) enact taxation laws D) create employment
B.
The system which provides notification of ownership rights and claims by certain creditors against real property is created by the: A) federal constitution B) state recording act C) federal legislation D) state statute of frauds
B.
What is the one unity in a tenancy in common ownership? A) interest B) possession C) time D) title
B.
Which is NOT a cloud on title? A) a valid first mortgage B) a recorded contract for deed under which the buyer has defaulted but the contract had not C) lack of a recorded certificate of a title insurance D) a record mortgage that has been paid in full but not released
B.
Which is NOT an inherent title right? A) possession B) right to have a pig farm C) occupancy D) use
B.
Which of the following is NOT a freehold estate? A) life estate B) leasehold estate C) fee simple estate D) fee simple determinable estate
B.
Which of the following is NOT a leasehold estate? A) estate at will B) life estate C) estate at sufferance D) estate for years
B.
Which of the following is NOT true about title insurance? A) the policy will include a list of exclusion B) it is the same as homeowners insurance C) it will insure the owner against losses arising from title defects D) it will generally include exclusions for unrecorded easements
B.
Zoning laws are created and enforced by A) city government only B) city and county governments only C) city, county and state governments only D) city, county, state and federal governments
B.
A city would use its zoning power for all of the following EXCEPT a) land-use controls b) building permit requirements c) restrictions on occupancy to single women only d) fire and safety regulations
C.
A landscaper has not been paid for landscaping a homeowners yard. A friend tells him the house is for sale. What should the landscaper do? A) sue the listing agent B) file an injunction C) file for a lien D) write a letter to the owners demanding immediate payment
C.
A lien attached to one parcel of real estate a) is a statutory lien b) arises from a voluntary agreement c) is a specific lien d) is a federal tax lien
C.
A married woman may not NOT own property with a man other than her husband as A) tenants-in-common B) joint tenants C) tenancy by the entireties D) all of the above
C.
A tenancy in severalty exists when A) husband and wife own property together B) any related persons hold real estate together C) one person owns real estate D) the tenant has the right to sublet
C.
Condemnation is the exercise of A) eviction B) estoppel C) eminent domain D) escheat
C.
Except for tax liens, and in some states a mechanic's lien, priority of the liens is determined by a) amount of the debt b) date of default c) date of recording d) court at time of foreclosure
C.
Which of the following is NOT a correct statement about encumbrances? A) they are limitations on the rights of property owners B) they are interests held by any person other than the property owner C) encumbrances restrict the use of property D) encumbrances do not affect the title of property
C.
Which of the following is NOT a private limitation on title? A) liens B) deed restrictions C) eminent domain D) encroachments
C.
Which of the following is NOT a specific lien? A) a recorded property tax lien B) a mechanics lien C) a judgment lien D) a mortgage lien
C.
Which of the following is NOT a type of title? A) bare legal title B) naked title C) full title D) equitable title
C.
Which of the following is NOT true about a title search? A) it is an examination of public records B) the purpose is to determine defects in the chain of title C) the title searcher goes back at least 100 years D) it is usually performed by a title company or title abstractor
C.
Which of the following types of ownership CANNOT be created by operation of law, but must be created by the parties expressed intent A) community property B) tenancy-in-common C) joint tenancy D) tenancy at will
C.