Ch. 49: Transfer and Control of Real Property

Ellen's driveway is actually on Richard's land, but in 20 years nobody has ever said anything to Ellen about it. When Richard sells his house, a survey shows the problem and the new owner demands that Ellen abandon use of the driveway. Will she have to move her driveway? a. Not if she used it continuously. b. Yes, since it is not in her deed. c. Yes, if she does not actually own the land. d. Not if she got permission from Richard.

a. Not if she used it continuously.

A deed ordinarily contains all of the following except: a. a description of the consideration. b. the signature of the grantor. c. a description of the land. d. a description of the quantity of estate conveyed.

a. a description of the consideration.

If the City of Townplace takes Martha's property in order to build a new road connecting a neighboring down, the City has exercised what is known as: a. eminent domain. b. enabling. c. after-acquired title. d. allocation.

a. eminent domain.

The power to take private property for public use is known as: a. eminent domain. b. enabling. c. allocation. d. after-acquired title.

a. eminent domain.

Sam sells real estate to Barack, but prior to the sale of the home, Sam requires Barack to deposit the money for the sale of the property into a bank account located at Savings Trust Bank. Sam's requirement is also known as: a. escrow. b. foreclosure. c. adverse possession. d. abstract of title.

a. escrow.

Sam has agreed to sell a warehouse to Jordan for $150,000. The contract says that Sam has valid title to the property. Jordan is entitled to a(n): a. general warranty deed. b. insurable deed. c. quitclaim deed. d. special warranty deed.

a. general warranty deed.

William is buying a house from Juan, but he wants to be indemnified against any specified defects in title to the property. What do should William obtain? a. title insurance. b. a warranty deed. c. a real estate guarantee. d. guarantee insurance.

a. title insurance.

Jan owns lots in the Cruz neighborhood, where she was planning to build a 2-story apartment complex. Cruz has adopted a single-family dwelling ordinance that encompasses Jan's lots. Jan can request which of the following to build her apartment complex? a. A zoning request. b. A variance. c. A nonconforming use request. d. Eminent domain.

b. A variance.

Which of the following carries with it no warranties or guarantees of title? a. Warranty deed. b. Quitclaim deed. c. Special warranty deed. d. All types of deeds carry a warranty of title.

b. Quitclaim deed.

Which of the following is NOT essential to a valid deed? a. Delivery. b. Recording. c. Grantor. d. Grantee.

b. Recording.

A transaction involving real estate whereby one party deposits a deed or money with a third party who holds the deed or funds until the happening of an agreed upon event is called: a. adverse possession. b. escrow. c. abstract of title. d. foreclosure.

b. escrow.

The right of redemption would require: a. a court order. b. payment of the entire debt with interest. c. assent of all parties. d. payment only of past due installments.

b. payment of the entire debt with interest.

Jesse purchases Erica's house and in so doing assumes the mortgage. Which of the following is true? a. Jesse is personally liable to pay the mortgage. b. Erica is personally liable to pay the mortgage. c. Jesse and Erica are personally liable to pay the mortgage. d. None of these are correct.

c. Jesse and Erica are personally liable to pay the mortgage.

A contract agreeing to indemnify the insured against certain specified defects in title to real property is called: a. guarantee insurance. b. a real estate guarantee. c. title insurance. d. a warranty deed.

c. title insurance.

Most zoning ordinances provide that a nonconforming use may be terminated: a. immediately. b. after 6 months of the structure's future useful life. c. when a nonconforming structure is destroyed or substantially damaged. d. All of these are correct.

c. when a nonconforming structure is destroyed or substantially damaged.

Controls that apply to the use of privately owned property include: a. zoning. b. eminent domain. c. restrictive covenants. d. All of these are correct.

d. All of these are correct.

If Stan's land is condemned in order to build a subway system for the city, he must be given: a. the option of keeping the property. b. equivalent property. c. his price for the property. d. just compensation as of the time of the taking.

d. just compensation as of the time of the taking.

Sam has agreed to sell a warehouse to Jordan for $150,000. The contract says that Sam will convey to Jordan whatever interest he has in the property, but does not state that he has any interest. Jordan is entitled to a(n): a. special warranty deed. b. general warranty deed. c. insurable deed. d. quitclaim deed.

d. quitclaim deed.

Sam has agreed to sell a warehouse to Jordan for $150,000. The contract says that Sam will convey to Jordan that title to the warehouse and that the warehouse has not been impaired, encumbered, or made defective because of any act or omission by Sam. Jordan is entitled to a(n): a. insurable deed. b. quitclaim deed. c. general warranty deed. d. special warranty deed.

d. special warranty deed.

Adverse possession, requires: a. continuous use of another's land b. a deed. c. open use of another's land. d. use for a statutorily prescribed period.

d. use for a statutorily prescribed period.