UNIT 4: REAL PROPERTY QUIZ

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Which of these unities is required for there to be tenancy in common? A. possession B. interest C. time D. title

A. The only unity required for tenancy in common is possession.

When you bequeath property to someone else in a will, which right from the bundle of rights are you taking advantage of? A. control B. disposition C. exclusion D. possession

B. The right to sell, give away, or bequeath property is the right of disposition.

You buy a two-year old house in a development and receive a copy of the declaration of covenants, conditions, and restrictions (CC&Rs). Five months after you move in, you start to paint your house bright purple. You receive a notice to stop. You A. can get a variance from the zoning authority to allow you to paint your house purple. B. can ignore the notice, since the CC&Rs are a restriction on your basic bundle of rights, specifically the right of control. C. can ignore the notice, since you are the second owner of the house. D. must comply with the CC&Rs, since it specifies what colors are appropriate for homes in the development.

D. Regardless of whether or not you are the second or the 200th owner, as long as the CC&Rs are in place for the development, anyone who buys a house there needs to follow the established rules of the community.

Ten years ago, Daniel bought a 20-acre farm and orchard. He put up a small building from which to sell produce, jams, pies, etc. Now the area is zoned residential and many exclusive homes are built. Daniel's farm stop is very popular and brings a lot of traffic to the area at certain times of the year. The neighbors sue to have the farm stand removed. The court rules in favor of Daniel. What is the most likely reason? A. Daniel has a special exception since his food benefits the general public. B. Daniel has followed the building codes for agricultural buildings. C. Daniel has followed the zoning laws for farms. D. Daniel's farm stop is a nonconforming use and is grandfathered into the zoning.

D. Since Daniel already had the farm stop before the area was zoned residential, he has a nonconforming use.

Which of these are items could LEAST LIKELY be regulated by zoning? A. building size for parcel of land B. landscaping C. setbacks D. sulfur emissions from an industrial site

D. Zoning can regulate landscaping, building size for parcel of land, and setbacks. Environmental laws regulate sulfur emissions from an industrial site.

Which unity is NOT required for joint tenancy? A. interest B. time C. title D. person

D. To have joint tenancy, the unities of possession, interest, time, and title must be present.

Developer Lenny purchased 20 acres and had an engineer/land planner survey and draw up a plan, subdividing the land into 20 residential lots and two streets. The plan indicates the dimensions and number of each lot, the required setbacks, and the location of easements for utilities. What is this document commonly called? A. a deed B. a plat C. a PUD D. a topographic survey

B. A plat is a detailed survey map of a subdivision showing boundaries of lots, streets, easements, etc., which, upon approval, is recorded and becomes the basis for transfer of title of the individual lots.

All of the homes in a Prairie Acres Subdivision appear to be built a uniform distance of 30 feet from the street. What is the probable reason? A. coincidence B. setback requirements in the subdivision regulations C. homeowner's association rules and regulations D. a zoning variance

B. Setback requirements are usually dictated by subdivision regulations and restrictions put on the property by the original developer. It would be up to the neighbors to enforce these.

Matilda wants to know that her granddaughter, Rose, will inherit her house when she dies. So, she deeds her house to her granddaughter but creates a situation where Matilda can still live in the house until she dies. When Matilda dies, Rose now owns the house. What kind of estate is this? A. conventional life estate B. fee simple absolute C. fee simple defeasible D. life estate pur autre vie

A. Matilda is creating a life estate for herself. Life estates last only as long as the measuring life lives. Rose is the remainderman.

What do a lumber company, a property tax collector, a painter, and a mortgage bank have in common? A. By law, they all have easements in gross that burden your property. B. They can all put specific, financial encumbrances on your property. C. They can attach general, involuntary liens on your property. D. They can only force a foreclosure on your property if they are the first lien holder.

B. All of these can put specific liens or financial encumbrances on your property. These can be voluntary (mortgage bank) or involuntary (lumber company, painter, tax collector).

James goes on vacation. When he comes back, he finds that his neighbor put up a fence three feet over his property line. The fence is a/an A. appurtenance. B. encroachment. C. nuisance. D. trespass.

B. An encroachment, the fence, is an object that intrudes on a property. An appurtenance is a right that goes along with ownership of real property and usually transferred with the property. Coming back from a vacation to find a fence on your property might be annoying but legally, it's not a nuisance. Finally, an object cannot trespass.

Ann and Bob each own a one-third interest in a property as joint tenants. Dave owns a one-third interest in the property as tenants in common with Ann and Bob. When Bob dies, what happens to his interest in the property? A. It is split equally, so Ann and Dave each have a 50% interest. B. It goes to Ann, who now has a two-thirds interest. C. It goes to his heirs, leaving Ann and Dave with their one-third interest. D. It must go to probate court for a determination.

B. Ann and Bob are joint tenants, which includes the right of survivorship. Bob's share goes to Ann.

The type of zoning that allows developers to provide a varied selection of lot sizes and housing choices within a single area is A. as of right zoning. B. cluster zoning. C. incentive zoning. D. spot zoning.

B. Cluster zoning may take the form of a planned unit development which is a special type of subdivision in which developers do not have to comply with all standard zoning and subdivision regulations.

Phil owns shares in a corporation that gives him the right to live in a unit of a building that is owned by the corporation. Phil lives in a A. condominium. B. cooperative. C. leasehold estate. D. timeshare.

B. Cooperatives are owned by corporations with the residents as shareholders.

Carl, the candy maker, has a five-year lease. He installs a marble counter to use for making fudge. When the lease is up, Carl A. can leave the marble counter and charge the landlord for the improvement. B. can remove the marble counter because it's a trade fixture. C. cannot remove the counter because it was permanently attached to the cabinet. D. must remove the marble counter since he didn't ask permission to install it.

B. The counter is considered a trade fixture since it is necessary for candy making and was installed by the tenant for that purpose. Carl should remove the marble counter when the lease is up and restore the property to its original condition.

Ed conveys a life estate to youngest son Frank for as long as his wife Gladys shall live, and then to son Hank. Hank dies before Frank dies. When Gladys dies, who has the present interest in the estate? A. Ed B. Frank C. Gladys's heirs D. Hank's heirs

D. A remainder interest is also inheritable. Therefore, when the measuring life dies, the remainder interest goes to the heirs of the original remainderman, Hank.

Ned is a co-owner of a property in Orlando. He is permitted to stay there only the first week of December and the third week of June every year. This type of ownership is called a A. cooperative. B. condominium. C. leasehold estate. D. timeshare.

D. Ned owns the property with several other people who share the property, and each has a designated time period in which they can occupy the property.

The constitutional basis that gives governments the right to regulate the use of private property for the benefit of the general public is A. eminent domain. B. environmental laws. C. nonconforming use. D. police power.

D. Police power is the constitutional power of state, county, and local governments to enact and enforce laws that protect the public's health, safety, morals, and general welfare.

The illegal rezoning of a single parcel of land or a small area to benefit one ore more property owners rather than carry out objectives of the master plan is known as A. as of right zoning. B. cluster zoning. C. incentive zoning. D. spot zoning.

D. Spot zoning is an example of isolated zoning changes or rezoning that can be illegal because the law is not applied the same way to all landowners.

Lenny and Eileen just got married, and she moves into the house Lenny owned prior to the wedding. Which of these unities is present with respect to the ownership of the house? A. interest B. time C. title D. person

D. The deed is in Lenny's name, so there is no unity of interest, time, or title. He could sign a new deed that has both him and Eileen as owners, making them tenants by the entirety. They do have unity person, since they are married. They also have unity of possession, since they both live in the house.

Jim and his friend Lisa buy a house together. The deed indicates that Jim owns a 75% interest, and Lisa owns a 25% interest. Jim sells a third of his 75% interest to Luke. Luke now has the right to live in how much of the house? A. 25% B. 33% C. 50% D. 100%

D. They are all tenants in common. As co-owners, they have an undivided interest by the entire property, so Luke, Jim, and Lisa legally own the entire house.

Which is NOT an appurtenance? A. the right to hunt on the property B. the right to sell space on the roof for a satellite dish C. the right to tap an underground oil well D. the right to use the river behind your house river for boating

A. An appurtenance is a right that goes with real property, including air, water, and mineral rights. The right to hunt is not an appurtenance but a license.

Lisa owns a condo, which means she owns in severalty the A. interior of her unit only. B. interior and exterior of her unit. C. interior and exterior of her unit as well as the land it sits on. D. interior of her unit and a percentage of the common elements.

A. If Lisa is the sole owner of her condo, she owns only the interior of her unit in severalty. Her interest in the common elements is as tenants in common.

Which is an example of an involuntary, general lien? A. IRS tax lien B. mechanic's lien C. mortgage lien D. special assessment lien

A. There are a few liens that are involuntary general liens: Some judgment liens and some tax liens, such as lien for unpaid income tax.

A wood-burning stove is a leasehold improvement installed in the living room of a rented single-family home. The stove must have been installed by the __________ and would most likely be _________ property. A. landlord / personal B. landlord / real C. tenant / personal D. tenant / real

B. A leasehold improvement is installed by the landlord for the use of the tenant. Since the stove is attached to the house, it would most likely be considered real property of the landlord.

Mike conveys a life estate to youngest son Ned for as long as his wife Olive shall live, and then to son Paul. Ned dies before Olive dies. Now who has the present interest in the estate? A. Mike B. Ned's heirs C. Olive D. Paul

B. A life estate is inheritable. Therefore, if life tenant Ned dies before the measuring life, Olive, dies, the life estate goes to Ned's heirs.

Ad valorem taxes are assessed A. based on a person's income. B. based on the property's value. C. on a decedent's estate. D. to cover the costs of specific improvements to a neighborhood.

B. Ad valorem taxes are assessed based on the value of the property. A large portion of ad valorem taxes are usually used for local school districts.

Which is NOT a reasonable deed restriction? A. activities that cannot be conducted at the site B. ethnicity of purchasers who would be acceptable residents C. minimum size of buildings to be constructed D. types of building that may be constructed

B. Deed restrictions in violation of fair housing laws, such as restrictions on the sale of the property to a particular race or creed, are void.

Harold and Joanne have been neighbors for years. Up until recently, Harold has been using Joanne's drive to get to his garage. Harold decides to buy the lot behind his house. Since Harold has more room, he tears down his garage and builds a new garage with its own driveway from the street behind his house. How is this easement being terminated? A. destruction B. failure of purpose C. merger D. prescription

B. Harold no longer needs the easement since he has a new garage and driveway, so it would be terminated by a failure of purpose.

Trustor Harold makes daughter Jan the trustee of some rental property for the benefit of grandson Mike. Who actually holds title to the property? A. Harold B. Jan C. Mike D. not enough information to determine

B. Jan, as trustee, holds the title to the property, although her power is limited by the terms outlined in the trust.

When Dave and Lucy get married, they decide to sell each of their homes and buy one house together. Lucy's house sells for $700,000; Dave's house sells for $300,000; and they're going to buy a $1 million house. If Lucy wants a 70% interest in the new house, what form of ownership must they take? A. joint tenancy B. tenancy in common C. tenancy by the entirety D. tenancy in severalty

B. Tenancy in common is the only form of co-ownership that does not require the unity of interest.

Mary is working with an agent to buy a particular property. She tells the agent she owns a large RV for vacationing and wishes to park the large vehicle when it's not being used beside the detached garage in the backyard. What document should the agent be sure to check in order to advise Mary? A. appraisal B. deed C. mortgage D. survey

B. The agent should advise Mary to review the deed for the property and confirm there are no deed restrictions in place that prohibit parking her RV as she would like.

In whose office would you find a plan book showing lots and blocks? A. broker B. county recorder C. state auditor D. the Department of Natural Resources

B. The plan book containing plat maps is recorded in the office of the county recorder.

Helen has lived in her home for 30 years and has one daughter, Erin. She is widowed and lives there with her sister-in-law, Amy, who is also widowed. If Helen dies before Amy, Helen wants to make sure that Amy is still allowed to live there, so she grants Amy a life estate. Helen dies. After ten years, Amy also dies. Which statement is true? A. Amy's life estate will exist as long as Helen lives. Once Helen dies the life estate ends and Erin will take possession of the property. Erin has a future interest in the life estate. B. Helen is the grantor of the life estate; Amy is the life tenant and the measuring life for the estate and Erin has a reversionary interest in the property. C. Helen is the measuring life of the life estate; Amy is the life tenant and Erin is the remainderman. D. Helen's daughter can terminate Amy's life estate 10 year's after Helen's death.

B. The property goes to the grantor's heir when the life estate ends; Erin has a reversionary interest and is not the remainderman. The life estate continues as long as the life tenant, Amy, lives and cannot be terminated except by death or Amy's choice. Amy is the measuring life for the estate.

Lucy is getting ready to split the family farm up into 20 individual lots. Which would NOT be an acceptable deed restriction? A. Houses must be painted white or grey. B. Houses must be at least 50 feet from the road. C. Owners may not sell the property for at least two years. D. Owners may not install swimming pools.

C. A deed restriction cannot be so restrictive as to prevent the free and reasonable transfer of the property.

A pizza oven is attached to the floor of a rented pizza shop as a fixture. The oven was installed by the __________ and is _________ property. A. landlord / personal B. landlord / real C. tenant / personal D. tenant / real

C. A fixture is installed by a commercial tenant and is considered to be personal property.

In a topographic map, Hill A has contour lines that are closer together than the contour lines on Hill B. This indicates A. Hill A is higher than Hill B. B. Hill A is smaller than Hill B. C. Hill A is steeper than Hill B. D. Hill A is wider than Hill B.

C. Contour lines show how steep the land is. The closer the lines, the steeper the hill.

Jack has lived in a house on a property with no access to the road for 30 years. He's been driving across Rob's vacant front property all 30 years to get to the road without an easement. When Rob decides to build, he puts a fence all around his property, blocking Jack from the road. Other than an easement by necessity, what option does Jack have to travel from his property to the road? A. easement by condemnation B. easement by implication C. easement by prescription D. She has no other option.

C. Jack has been using that land for well over 20 years; the court could award him an easement by prescription to continue to go across Rob's property.

Rita, Al, and Paul co-own a family restaurant as joint tenants. If Paul dies, his interest will pass to A. the corporation. B. his named heirs. C. the surviving co-owners. D. the state under escheat.

C. Joint tenancy allows co-owners to take ownership shares of a deceased co-owner without going through the court.

Parkway Crossing development has several deed restrictions related to flying flags in front of houses. A number of people have violated the restriction for years, but no one complained until someone flew the flag of the rival college football team on game day. What doctrine might prevent the neighborhood association from enforcing this deed restriction? A. appropriation B. escheat C. laches D. reversion

C. Laches is the loss of a right due to a failure or a delay in asserting that right, in this case, the right to enforce the deed restriction.

In the metes and bounds system the description always ends at the A. intersection of the range lines and base lines. B. permanent reference point. C. point of beginning. D. primary deviation. metes and bounds system the description always ends at the A. intersection of the range lines and base lines. B. permanent reference point. C. point of beginning. D. primary deviation.

C. Metes and bounds descriptions always start and end at the point of origin or point of beginning.

Which type of business entity pays a share of the profits to it beneficiaries? A. corporation B. joint venture C. REIT D. syndicate

C. The key word is beneficiaries, who are paid profit from a REIT, or real estate investment trust.

Fiona bought a lot to build a home. The zoning for that town said that the lot had to be 100 feet wide, but to Fiona's surprise, she learned that the lot was only 98 feet wide when she applied for a building permit. The land is worthless to Fiona if she cannot build the house for lack of two feet. What does Fiona need from the zoning board? A. buffer zone B. conditional use C. nonconforming use D. variance

D. A variance would allow Fiona to build despite lacking two feet to be in compliance with the zoning requirements. The zoning board might decide to require her to include a firewall on the side of the house closest to the next lot, however.

Which is NOT an example of a public land restriction? A. deed restriction B. plumbing code standard C. residential zoning D. water pollution law

A. Deed restrictions are private land restrictions. Common public restrictions are zoning, building codes, subdivision regulations, and environmental laws.

Dan moves into a quiet residential neighborhood with several open acres across the street. A church buys the property and puts up a large building that attracts 3,000 people every Sunday. When Dan contacts the zoning authority, he is told that this was allowed because of a A. conditional use. B. deed restriction. C. nonconforming use. D. variance.

A. A conditional use or special exception is made for land usage that doesn't conform to zoning rules for the benefit of the general public. Churches, schools, and hospitals often are allowed because of a conditional use.

Rufus is the silent partner in a consulting firm, giving his friends, general partners Mel and Joe, $200,000 to start the business. Four years later, the firm is $900,000 in debt. How much is Rufus liable for when the creditors come knocking at his door? A. $200,000 B. $300,000 C. $750,000 D. whatever the court decides

A. A silent partner, or limited partner, is only liable for his or her investment, $200,000.

Jill's house is sold for $120,000 to satisfy several liens. Priority 1 lienholder, Abe, is owed $60,000; Priority 2 lienholder, Ben, is owed $90,000, and Priority 3 lienholder, Carla, is owed $30,000. How will the proceeds from the sale be divided? A. Abe=$60,000; Ben=$60,000; Carla=$0 B. Abe=$60,000; Ben=$40,000; Carla=$20,000 C. Abe=$40,000; Ben=$60,000; Carla=$20,000 D. Abe=$45,000; Ben=$45,000; Carla=$30,000

A. Abe, with first priority, gets his full amount. Ben gets the remainder, which is less than he is owed. There's nothing left from the proceeds for Carla.

Klaus inherited 50 acres of land near Carlyle, IL. He's never been there, so he didn't realize that neighbor Glenda has fenced in two acres of his land to grow vegetables for the last 22 years. She even has a stand from which she sells her produce. What would allow Glenda to petition the courts for ownership of the two acres? A. adverse possession B. appurtenant easement C. easement by prescription D. easement in gross

A. Adverse possession, also known title by prescription, requires open and notorious, hostile and adverse, exclusive and continuous use of another's land for a specific period of time, after which she can petition the courts of ownership. This is not an easement because she is using the land exclusively.

Darrell has a written agreement to drive across Lin's property to get to his own. This is an example of a/an A. appurtenant easement, where Darrell's property is the dominant tenement and Lin's property is the servient tenement. B. defeasible easement, which puts a condition on Darrell to follow the rules established by Lin. C. easement in gross, where the easement is attached to Darrell and he can't transfer the easement if he sells the land. D. encroachment, since Darrell is allowed to encroach on the rights of Lin.

A. An appurtenant easement burdens one property, the servient tenement (Lin's property), for the benefit of another property, the dominant tenement (Darrell's property). Darrell is allowed to cross the property (nonencroachment). While the explanation with easement in gross is correct, here, the easement runs with the land and not a person.

Chris is selling his farm to Carmen before the corn is harvested. What method of easement creation would most likely be used to allow Chris to enter the property after settlement for the specified purpose of harvesting that crop? A. easement by express reservation B. easement by implication C. easement by necessity D. easement by prescription

A. An easement by reservation in the deed could be used to create an easement that allows Chris to go back and harvest that corn after settlement.

Betty died and left real property to her daughters, Bonnie and Beatrice. When Bonnie died, her husband did not get the property even though her will said that all her worldly possessions go to him. Instead, the property went to her sister, Beatrice. How did Bonnie and Beatrice own the property? A. joint tenancy B. tenancy in common C. tenancy by the entireties D. undivided interest tenancy

A. Each joint tenant has an equal undivided interest in the land and the right of survivorship. When a joint tenant dies, her share of the property is split between the remaining co-owners. In this case, Beatrice was the only remaining survivor so she became owner in severalty.

Which transaction does NOT represent an example of an appurtenance? A. selling the fructus industriales grown on your land B. selling the natural gas under your house to utility company C. selling the space above your farm to a billboard advertiser D. selling water from your underground spring to a bottling company

A. Fructus industriales is personal property. An appurtenance is a right that related to real property, such as air, subsurface, and surface rights.

Which is NOT an example of common area in a condominium community? A. balcony B. gym C. sidewalk D. swimming pool

A. Owned by all but used by one owner only is known as limited common area. A laundromat, swimming pool, and the sidewalk are owned and used by all owners. The balcony is limited to only one person's use.

Anna has always dreamed of owning a pottery shop. She buys a piece of property on the edge of a suburb where several new subdivisions are being built and begins to save money for the building. When she finally saves enough money to build the shop, she finds out that the area is zoned residential. What can she do? A. request a use variance B. request a special exception C. request spot zoning D. request to be grandfathered in

A. She can request a use variance which would allow her to build her shop in a residential area. She doesn't have a nonconforming use exception since she hasn't actually been using the land as a pottery shop. Spot zoning is generally illegal.

Which item is NOT an attachment? A. an above ground children's pool B. an apple orchard C. an island in the middle of a kitchen D. a key to an attic

A. Since the pool is not actually attached to the property, it is still considered to be personal property. The key to the attic is an example of constructive annexation, which is necessary to access the attic. The island in the kitchen is a man-made attachment and the orchard is a natural attachment.

You live next to a bend in the river. Over the last several years, the river has been depositing silt at the bend, making the river channel straighter, and adding land to your property. This is an example of A. accretion. B. avulsion. C. erosion. D. reliction.

A. This is an example of accretion, which is a gradual addition to dry land by the forces of nature.

Craig is the sole proprietor of a construction business. Business is slow and he does not pay his suppliers, who take him to court. He is ordered to pay one of the suppliers $150,000, but the company's assets total only $25,000. How would Craig and his wife need to own their house to keep it safe from the liability of a sole proprietorship? A. joint tenancy B. tenancy by the entirety C. tenancy in common D. tenancy in severalty

B. If Craig and his wife owned the house as tenants by the entirety, it would be safe.

Which document would be least likely to require a legal description? A. deed B. listing agreement C. mortgage D. title insurance

B. Of these documents, only a listing agreement does not require a legal description of the property.

You own 20 acres of land in the mountains. You decide to deed the land to your niece. However, you want to make sure that the pristine beauty of the property is not marred by development, so you indicate that at least 10 acres must remain undeveloped. This is an example of A. fee simple absolute. B. fee simple defeasible. C. fee tail estate. D. life estate .

B. Since you put a condition on the property, you limited what could be done with the property. This type of freehold estate is also called qualified fee.

The city wants Julie's property to build a municipal park. An appraiser values her property at $150,000. She's willing to sell for $200,000. How much is Julie most likely to get for her property? A. She does not have to sell her property. B. $150,000 C. $175,000 D. $200,000

B. The city can exert its power of eminent domain and pay Julie just compensation for her property, which typically is its fair market value.

Which item is NOT a fixture? A. the built-in washer that's at the repair shop on the day of closing B. the curio cabinet in the living room that matches the room's decor C. the keys to the house D. the white picket fence around the house

B. The curio cabinet might look nice in the room but it is not a fixture. The dishwasher is still part of the real property even though it is not in the house. Keys are considered to be fixtures; you cannot use a property without one. The fence is an attached to the land; it is a fixture.

Albert conveys a life estate to daughter Charlotte for as long as she lives, and then to son David Who is David and what does he own? A. remainderman, present estate B. remainderman, future estate C. reversioner, present estate D. reversioner, future estate

B. The estate will belong to David when the measuring life/life tenant Charlotte is dead. David is the remainderman, and he has a future interest in the estate.

Broker Steve is working with buyer client Marilyn, who enters into a contract to purchase a time-share interest in real estate. Steve should inform Marilyn that A. once she signs the contract, she will not have the option of canceling the contract B. she has the right to cancel the contract within five days from the date she signs it. C. she has the right to cancel the contract within three days from the date the transaction closes. D. she may cancel any time prior to five days before settlement without penalty.

B. Under the Illinois Real Estate Time-Share Act of 1999, a timeshare purchaser has the right to void the contract within five calendar days of receiving the public offering statement or signing the contract, whichever comes last, for a full refund.

Tom bought a piece of property. He goes to the local zoning officer before he builds to see what restrictions he might have to consider. Which is LEAST LIKELY to be addressed by a zoning ordinance? A. the grade of the land B. the number of outlets required for each room C. the position of the building on the lot D. whether or not Tom can operate a bar from the property

B. Zoning ordinances usually regulate permitted uses of land, lot size, building size, and location, etc. The number of outlets in a room is more likely to be a building code requirement.

Henry buys a retirement home in the mountains. He never really got along with his son, Mario, but really likes Mario's wife, Joan. After Mario gets a divorce, Henry changes his will so that Joan inherits the house when he dies. What type of estate does Henry have? A. conventional life estate B. estate for years C. fee simple absolute D. life estate pur autre vie

C. Fee simple absolute is the highest form of ownership. It allows you to will the property to anyone if you are the owner. Thus, in this situation, Henry can will the house to Joan, even though she legally is no longer married to Mario.

Milo, who is buying a house, was looking through the purchase documents when he noticed the property description says: "Beginning at the old oak tree, then South 15 degrees East, thence North 90 degrees ..." What type of survey system is this? A. government survey B. lot and block C. metes and bounds D. plat map

C. Metes and bounds uses distance (metes) and direction (bounds) to describe the boundaries of a parcel of land.

ABC Remodeling Corporation buys a new warehouse for their trucks and excess building materials. How will they take title? A. joint tenancy B. tenancy by the entireties C. tenancy in common D. tenancy in severalty

D. A corporation is considered to be a single entity, and so will take title in severalty.

Ron and Deb are getting divorced and decide to sell the house. Before the house sells, however, the divorce is finalized, and the judge awards the house to Deb as part of the divorce settlement. What is her interest in the house? A. joint tenant B. tenant in common C. tenant by the entirety D. tenant in severalty

D. Ownership in severalty is ownership held by one person.

Mark bought a house for his just-divorced sister, Kim, to live in. When Kim dies, Mark wants to retain possession of the property. Who will own the property when Kim dies and what is that person called? A. The owner of the property will be Kim's heir, who is the life tenant. B. The owner of the property will be Kim's heir, who is the remainderman. C. The owner of the property will be Mark and he is the remainderman. D. The owner of the property will be Mark and he is the reversioner.

D. Ownership of the property will revert to Mark when life tenant Kim dies.

What is a legal device used by a person to give another person title to their property to hold for the benefit of a third party? A. cooperative B. leasehold estate C. limited partnership D. trust

D. The trustor transfers ownership of their property to the trustee, who will hold or manage it for the beneficiary.

Which of these statements is NOT true regarding deed restrictions? A. Once established they run with the land and are limitations on the use of future grantees. B. They are also called restrictive covenants. C. They are frequently encountered in residential subdivisions. D. They terminate upon the death of the grantor.

D. These restrictions are "appurtenant" to the real property and thus "run with the land."

Which of these would NOT be classified as real property? A. magnolia trees B. tulips planted in a backyard, which bloom every year C. wild blackberry bushes that grows on your property D. zucchini picked from a garden

D. Trees and tulips are natural attachments; the blackberry bush is naturally occurring. These are real property. The zucchini has been harvested and is personal property.

You are driving through a suburb of a city and notice that all of the fast food signs are close to the ground. This is a result of A. building codes. B. subdivision regulations. C. variances. D. zoning ordinances.

D. Zoning ordinances set minimum standards such as lot sizes and building height limits, including sign heights. Building codes usually control how a building is actually constructed and includes what materials and methods are used. A variance is a type of zoning exception. Subdivision regulations determine how a subdivision is planned.

A sidewalk is an example of A. a covenant. B. an appurtenant easement. C. an easement in gross. D. an encroachment.

C. An easement in gross involves just one property and benefits a person, not another property.

Terry has a property right on the road where she's built a house. She's lived there for 10 years. Ebony owns the vacant land behind Terry's property. When Ebony decides to build a house, she realizes she does not have any way to get from the road to her property. Ebony asks Terry for permission to cross her property, and Terry refuses. What is Ebony's best option to get to her property? A. easement by express reservation B. easement by implication C. easement by necessity D. easement by prescription

C. The law says that if you own real estate, you have an absolute right to be able to get to it so that you enjoy the benefits of ownership. Since Ebony cannot get to this real estate at this point, she would go to the courts and ask for an easement by necessity.


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