Real estate
A clause in a deed stating that title would revert to the grantor, if the grantee operated a dance hall on the property, would be a:
Condition
The term "alienation" most directly refers to:
Conveyance of property.
A cloud on title can be removed by:
Either a quitclaim deed or a quiet title action
The power of the state to take private property for public use is known as which of the following?
Eminent domain
In a tenancy by the entireties, each spouse owns a 50% interest in the property.
False
T/F An acknowledgement means that you agree to what you signed.
False
T/f Taxes do not become liens until the due date for payment has passed.
False
A buyer is considering the purchase of some vacant land. The buyer notices a well-worn path near the edge of the property line. What type of notice would this buyer have regarding an easement across this property?
Inquiry notice
A mother left her house in her will to her two children, Tom and Mary. Each child to receive a 50% interest with rights of survivorship. What type of ownership will Tom and Mary have? Select one:
Joint tenants.
Title to a property which is free from reasonable doubt as to who is the owner is called:
Marketable title.
If a third party is not named, the grantor of a life estate retains a:
Reversionary interest
On September 12, 2014 a residential property had the following liens filed against it: a 1st mortgage, a mechanic's lien and a special assessment. On May 20, 2015 a 2nd mechanic's lien was filed against the property. Which lien has priority?
Special assessment.
The system which provides notification of ownership rights and claims by certain creditors against real property is created by the:
State recording act.
Two unrelated persons own a property together. These owners could will their ownership share to their heirs if title was held in:
Tenancy in common only.
history of conveyance and encumbrances of the property
The chain of title
Which of the following choices would be associated with a statutory estate?
The homestead exemption.
A court action to remove a cloud from the title is called an action or suit:
To quiet title.
A type of land title system whereby owners receive a registered certificate of title through the court is the:
Torrens system.
T/F A seller who has color of title has a defect against the title.
True
T/F A seller who has title which is reasonably free from doubt has marketable title
True
T/F Alienation refers to change of ownership, not just by a deed.
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 Bare legal title lacks the usual rights and privileges of ownership.
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 Inquiry notice is legal notice presumed by law
True
T/F Taxes become liens when they are assessed.
True
Amalia owns property and gladly allows her friend Sophie to use the land, reserving for herself the right to periodic inspections. In order to maintain her interest, Amalia should give Sophie: a. A license. b. A right of way. c. An easement appurtenant. d. An easement in gross.
a. A license.
A gas station was built in 1938. The area surrounding it was zoned residential in 1960. The gas station is an example of: Select one: a. A non-conforming use b. Planned urban development c. Down zoning d. An encroachment
a. A non-conforming use
Harry died without leaving a will. The estate went to probate and the court appoint Sally to settle Harry's affairs. Sally would be called the estate's: Select one: a. Administrator. b. Testator. c. Accountant. d. Executor.
a. Administrator
Deed restrictions are imposed by: Select one: a. Developers. b. Zoning ordinances. c. Realtors. d. State governmental bodies.
a. Developers.
A buyer purchased a tract of land at a tax sale to satisfy the claim for delinquent taxes. If no one redeems the property during the statutory time period, the purchaser would most likely receive which of the following as evidence of ownership? Select one: a. Sheriff's deed b. Deed in partition c. Certificate of title d. Statutory warrant deed
a. Sheriff's deed
Sam owns a unit in a cooperative. How are the property taxes on his unit financed? Select one: a. They are paid by the corporation from rent paid by Sam and the other unit owners. b. Sam pays them directly. c. They are financed by homeowners association dues. d. They are covered by the purchase price of the unit.
a. They are paid by the corporation from rent paid by Sam and the other unit owners
A home builder wants to construct a house on his lot. The house will sit 20' from the front lot line. The city ordinance calls for a minimum setback line of 25'. In order to construct his house in the manner described, the builder must obtain a: Select one: a. Variance. b. Spot zoning permit. c. Special use permit. d. Non-conforming use license
a. Variance.
A restrictive covenant would most likely be reinforced by... Select one: a. an injunction. b. eminent domain. c. a writ of attachment. d. a cease and desist order.
a. an injunction
The owner of a cooperative apartment unit. Select one: a. owns stock in a non-profit corporation. b. holds fee simple title that may be sold, mortgaged or leased. c. owns the unit in fee simple with an undivided interest in the common elements. d. holds title in partnership with unit owners.
a. owns stock in a non-profit corporation
Property taxes on cooperative units are assessed in the form of: Select one: a. Individual tax bills for each unit. b. A single tax bill prorated among individual units. c. Annual tax bills based on the type of unit. d. Biannual tax bills based on the type of unit.
b. A single tax bill prorated among individual units.
When the grantor authenticates the he is the owner of the property and that he is conveying title of his own free will, such action is referred to as: Select one: a. Authentication. b. Acknowledgment. c. Words of conveyance. d. Habendum.
b. Acknowledgment.
Zoning laws are created and enforced by: Select one: a. City governments only. b. City and county governments only. c. City, county and state governments only. d. City, county, state and federal governments
b. City and county governments only.
Descent and distribution is a form of voluntary alienation. Select one: a. True b. False
b. False
In a tenancy by the entireties, each spouse owns a 50% interest in the property. Select one: a. True b. False
b. False
Which of the following would have priority at a foreclosure sale ordered by a court? a. 1st mortgage. b. Real estate tax lien. c. Judgment lien. d. Mechanic's lien.
b. Real estate tax lien
A quitclaim deed is generally used for which of the following? Select one: a. To convey only the fee simple title. b. To remove a cloud on the title. c. To convey the title to property that is transferred by the probating of a will. d. To burden the grantor with liability for defective title.
b. To remove a cloud on the title.
Carol has a right to use Fred's driveway for her lifetime. Carol has a/an... Select one: a. life estate. b. easement in gross. c. license to use. d. riparian rights.
b. easement in gross.
What is the one unity in a tenancy-in-common ownership? Select one: a. interest b. possession c. time d. title
b. possession
The order of priority of liens would most likely be Select one: a. mortgage, tax, mechanic's. b. tax, mortgage, mechanic's. c. mechanic's, tax, mortgage. d. mortgage, mechanic's, tax.
b. tax, mortgage, mechanic's.
A subdivider purchased a large parcel of vacant land which he intends to subdivide. The private deed restrictions state that if the land is ever subdivided the minimum lot size is 10,000 square feet. The applicable zoning ordinance states that the minimum lot size is 8,000 square feet. Which restriction will apply in this case? Select one: a. 10,000 square feet because private restrictions always have priority over public restrictions. b. 8,000 square feet because public restrictions always have priority over private restrictions. c. 10,000 square feet because this is the more restrictive of the two restrictions. d. 8,000 square feet because this is the more restrictive of the two restrictions.
c. 10,000 square feet because this is the more restrictive of the two restrictions.
Which of the following estates would be subject to probate? Select one: a. A person died intestate. b. A person died testate. c. Both a person who died testate and a person who died intestate. d. Neither a person who died testate nor a person who died intestate.
c. Both a person who died testate and a person who died intestate.
Which of the following items would be considered an encumbrance on a property? a. A lien. b. An easement. c. Both an easement and a lien. d. Neither an easement nor a lien
c. Both an easement and a lien.g
If a man is considered a "proprietary tenant", he is the owner of an interest in which of the following: Select one: a. Condominium apartment. b. Apartment house. c. Cooperative apartment. d. Office building.
c. Cooperative apartment.
Zoning ordinances are rights of: Select one: a. The Federal government. b. State governments. c. Counties, towns and municipalities. d. Private land owners.
c. Counties, towns and municipalities.
Two brokers form a partnership, each with a 50% interest. One is the general managing partner and the other is a sales broker. What type of ownership do the brokers have? Select one: a. Tenancy in common. b. Limited partnership. c. General partnership. d. Joint tenancy.
c. General partnership.
Which of the following deeds creates the greatest liability for the grantor? Select one: a. Quitclaim deed. b. Bargain and sale deed. c. General warranty deed. d. Special warranty deed
c. General warranty deed.
Under local zoning laws, the distance from the street to the front of any improvement on the property is known as the: Select one: a. Corridor b. Frontage c. Setback d. Offset
c. Setback
The covenant in a deed which guarantees to the grantee that no one has any other interest in the property, that will disturb the grantee's possession of the property, is known as the: Select one: a. The covenant of further assurance. b. The covenant against encumbrances. c. The covenant of quiet enjoyment. d. The covenant of seizen.
c. The covenant of quiet enjoyment.
Which of the following would be a difference between a condominium complex and a planned unit development? Select one: a. Planned unit developments are owned by a corporation. b. Whether or not they charge homeowners or community association dues each month. c. Whether or not the unit owners own the land. d. Whether or not there are rules governing the use of the common areas.
c. Whether or not the unit owners own the land
Except for tax liens, and in some states a mechanic's lien, priority of the liens is determined by Select one: a. amount of the debt. b. date of default. c. date of recording. d. court at time of foreclosure.
c. date of recording.
A cooperative owner has exclusive use of her unit by reason of a... Select one: a. trust agreement. b. cooperative declaration. c. proprietary lease. d. partnership agreement.
c. proprietary lease.
Private restrictions cannot... Select one: a. be based on aesthetic considerations. b. restrict the owner's lawful use of the land. c. take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance. d. restrict the square footage of the improvements.
c. take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance.
All of the following are encumbrances on real property EXCEPT: a. Easements b. Liens c. Deed restrictions. d. A license
d. A license
A quitclaim deed may be used to: Select one: a. Transfer ownership of a fee simple estate b. Transfer interest in a life estate c. Terminate an easement d. Any of the above
d. Any of the above
Asbestos would most likely be found where in a house? Select one: a. Around electrical wires b. In the paint c. Around the fireplace d. Around pipes
d. Around pipes
After the statutory period has elapsed, what would a person have to do to formally establish clear title through adverse possession? Select one: a. File an estoppel certificate. b. File a warranty deed. c. Apply for a writ of attachment. d. File suit for quiet title.
d. File suit for quiet title
In order to examine a recorded deed, which of the following is necessary? Select one: a. Written permission of the owner. b. An inquiry notice. c. A court order. d. None of these choices.
d. None of these choices (Public records)
A corporation buying real property would take title under: Select one: a. Joint tenancy. b. Tenancy in common. c. Tenancy in partnership. d. Tenancy in severalty
d. Tenancy in severalty
Title to a property passes when: Select one: a. The deed is signed. b. The deed is notarized. c. The deed is recorded. d. The deed is delivered and accepted.
d. The deed is delivered and accepted.
Which of the following is an example of the police power of government? Select one: a. Escheat. b. Eminent domain. c. Taxation. d. Zoning and building codes.
d. Zoning and building codes
Zelda wants to move into a subdivision with her giraffe. Which of the following would determine whether or not she could move into a home and keep her giraffe on the property? Select one: a. Police power because the police determine which pets are allowed in residential properties. b. Building codes. c. Urban planning with a restriction on regulating pets. d. Zoning ordinances
d. Zoning ordinances
Regulations that control density and overcrowding are an example of: Select one: a. a PUD. b. a master plan. c. spot zoning. d. bulk zoning.
d. bulk zoning.
Which is specifically used to control density and overcrowding by regulating setbacks, building heights and percentage of open areas? Select one: a. PUD. b. master plan. c. spot zoning. d. bulk zoning.
d. bulk zoning.
Private restrictions cannot: Select one: a. be based on aesthetic considerations. b. restrict the owner's lawful use of the land. c. take precedence over zoning ordinances. d. restrict the grantee's conveyance of the property.
d. restrict the grantee's conveyance of the property
Private restrictions cannot... Select one: a. be based on aesthetic considerations. b. restrict the owner's lawful use of the land. c. take precedence over zoning ordinances. d. restrict the grantee's conveyance of the property.
d. restrict the grantee's conveyance of the property.
Alienation means... Select one: a. foreclosure. b. condemnation. c. quitclaim. d. transfer of property
d. transfer of property.
Sara builds an addition to her home, part of which turns out to be on land belonging to June. This is an example of...
encroachment.
A tenancy in severalty exists when...
one person owns real estate
What is the one unity in a tenancy-in-common ownership?
possession
Property held in joint tenancy passes to the ______ upon the death of one of the owners.
surviving owners
The unities of time, title, interest, and possession are required in order to create:
the right of survivorship.
Building codes are sometimes based on national standards. Select one: a. True b. False
. True
A cloud on a title could be removed by:
A quitclaim deed or quiet title
An estate at will is:
A tenancy of uncertain duration.
A condensed history of title, consisting of a summary of the original grant and all subsequent conveyances and encumbrances relating to a particular parcel of real estate, is called an:
Abstract of title.
a formal declaration made by a person who has signed a document before an authorized officer, usually a notary
An acknowledgement
An estate that may be terminated by any party at any time is an estate:
At Will
An estate that may be terminated by any party at any time is an estate:
At will
Which of the following forms of ownership are available only to married couples?
Both tenancy by the entireties and community property.
A document that is based on a full examination of the public record but frequently only identifies the present owner of record and lists only the existing encumbrances is called a(n):
Certificate of title
Conveyance of property
Change of property
The legal process of "tacking" relates to an adverse possession claim under:
Color of title.
