Chapter 35 Practice Questions

In Suzanne's will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne's death, who owns the property? Abrhianna owns the property. Clark owns the property. Clark and Abrhianna become co-owners of the property. neither Clark nor Abrhianna own the property.

Clark owns the property.

Which of the following are common law requirements for transfer of title by adverse possession? Choose 3 answers. Possession must be actual and exclusive. / Possession must be hostile, against the true owner's wishes. / Possession must be open, visible, and not secret. Possession must be continuous for 35 years. / Possession must be actual and exclusive. / Possession must be hostile, against the true owner's wishes.

Possession must be actual and exclusive. / Possession must be hostile, against the true owner's wishes. / Possession must be open, visible, and not secret.

Which is the correct definition of "marketable title"? The price of the property is a good value for the buyer. The grantor (seller) of the property has ownership of the property free from undisclosed encumbrances and free from defects. The title to the property is being sold in a publicly advertised real estate market. The mortgage for this title is eligible for refinancing.

The grantor (seller) of the property has ownership of the property free from undisclosed encumbrances and free from defects.

When a tenant wrongfully holds over from the term of their lease, it is called: a tenancy for years. a tenancy at sufferance. a tenancy at will. a periodic tenancy.

a tenancy at sufferance.

The process of examining public records to determine if there are any claims on a piece of real property before its ownership is transferred is equivalent to an examination for: defects of title warranty of habitability. recording statutes. leasehold interests. Assessment question

defects of title

You live with your parents in a house they own. You are planning an outside barbecue and have invited numerous people. Three days before the event, the local power company begins work to replace underground pipelines in your front yard. The workers have dug up part of the ground. You are unhappy not only because the yard looks ugly, but also because the portion of the yard you intended to use for the party is now unusable. What interest does the power company have in your parents' property that allows the company to work on the pipes? easement life estate quitclaim constructive eviction

easement

Signing an 18-month lease on a two-bedroom townhouse with a monthly rent of $900 creates a: tenancy at will. fixed-term tenancy. tenancy by the entirety. periodic tenancy.

fixed-term tenancy.

A tenancy for years will last: for not more than twenty-four months. at least one year. for at least twenty-four months. for a definite period of time.

for a definite period of time.

A landlord's duties include: giving the tenant possession of the leased property. keeping the style of the leased property up to date. purchasing furniture for the leased property. paying the tenant for yard work done at the leased property.

giving the tenant possession of the leased property.

Alejandro is the owner of Mex-To-Go, a popular food truck from which he serves his favorite Mexican foods. During the spring, he likes to park his food truck near the city's little league baseball field because of the heavy evening traffic. He leases a small plot of land next to these fields for the months of March, April, and May. Alejandro's lease is a: tenancy at will. tenancy for years. tenancy at sufferance. periodic tenancy.

tenancy for years.

Land burdened by an easement is called: the dominant estate. the licensed estate. a profit. the servient estate.

the servient estate.

In a tenancy in common: (Select 2 answers) two or more people own the same piece of property. / co-owners may ask the court for a partition. if either of the co-owners dies, the property automatically passes to the surviving co-owners. / co-owners may ask the court for a partition. co-owners may ask the court for a partition. / if either of the co-owners sells their share of the property, the tenancy in common is severed.

two or more people own the same piece of property. / co-owners may ask the court for a partition.

Sabrina owns an apartment complex in upstate New York. One of her renters, Salvo, informs her in January that the heating unit has stopped working in his apartment. Sabrina promises to fix the problem, but two weeks later, the heating unit is still not working. Salvo may: have to fix the problem himself because landlords have no responsibility to repair heating units. stop paying rent, but may not move out. move out, but may pay rent at a reduced rate. vacate the apartment, and Sabrina will be liable for any expenses he incurs.

vacate the apartment, and Sabrina will be liable for any expenses he incurs.

Which of the following would be a breach of the implied warranty of habitability in a new home? Select 2 answers. The incorrect paint color as specified by the buyer in the sales contract / A non-functional furnace installed in a home in a cold climate A non-functional furnace installed in a home in a cold climate / Un-remediated mold growth caused by the builder's failure to properly waterproof the basement A non-functional fireplace installed in a home in a warm climate / Un-remediated mold growth caused by the builder's failure to properly waterproof the basement

A non-functional furnace installed in a home in a cold climate / Un-remediated mold growth caused by the builder's failure to properly waterproof the basement

Which of the following is true about easements appurtenant? They "run with the land." They benefit a particular person as opposed to the land. They give a person authority to remove something from the land of another. They are temporary.

They "run with the land."

Methods for transferring title to real estate include: by sale, by gift, by theft, and through eminent domain. by sale, through a will, by default, and through adverse possession. by sale, by gift, through a will, through bankruptcy, and through eminent domain. by sale, by gift, through a will, through adverse possession, and through eminent domain.

by sale, by gift, through a will, through adverse possession, and through eminent domain.

Which of the following is an example of a fixture? cabinets attached to the wall of a garage a television that is attached to a wall bracket a refrigerator in the kitchen of a house a child's swingset that is in the backyard of a house

cabinets attached to the wall of a garage

In most states, the implied warranty of habitability applies to: homes with values over $250,000. when defects are not obvious. all homes. new homes.

new homes.

If an individual owns a piece of property and has the unlimited authority to use and sell the property, they: own the property in fee simple absolute. have a concurrent interest. have a life estate. have a remainder interest. Assessment question

own the property in fee simple absolute.

When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a: tenancy for months. tenancy at will. tenancy at sufferance. periodic tenancy.

periodic tenancy.

A landlord's rights include: quiet enjoyment of the property. being told about issues that need repair. having three months' notice before tenant can terminate a lease. receiving rent according to the lease.

receiving rent according to the lease.

A landlord's right in property that he has leased to a tenant is called a: reversionary interest. fee simple estate. life estate. leasehold interest.

reversionary interest.

After acquiring three new rental properties, Savannah made improvements to them. In the first property, she installed ceiling fans in each bedroom. In the second, she laid out decorative throw rugs in the living room. In the third, she had a new central air unit installed. Six months later, she decides to sell the properties and is wondering which of these improvements she can remove from the properties and keep for herself. Of the three improvements, Savannah CANNOT remove: the ceiling fans and central air unit because they would be considered fixtures. all three improvements because they would be considered fixtures that become part of the real property. the central air unit and the throw rugs because they would be considered fixtures. the ceiling fans and central air unit, but their classification as fixtures would make no difference in whether or not Savannah can remove them.

the ceiling fans and central air unit because they would be considered fixtures.

A new north-south interstate highway was being planned, and the route for the interstate went straight through Roy's property. Roy received a notice from the city stating that his property would be condemned and setting a hearing on the matter. Roy appeared at the hearing to contest the action, saying he had lived in this house for forty years, and strenuously objected to the city taking his property! The probable result is that: the city may take the property under the principle of adverse possession since it is for a public use, as long as it pays Roy just compensation. the city may take the property under the principle of eminent domain since it is for a public use and does not have to compensate Roy. the city may take the property under the principle of adverse possession since it is for a public use and does not have to compensate Roy. the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.

the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.