An example of an appurtenance to land is:
A. An easement in gross
B. A bill of sale
C. An assignment
D. A sublet - ANSWERSRationale: A is the correct answer. Appurtenances are those rights, privileges, and improvements that belong to and pass with the transfer of real property but are not neces...
D. A sublet - ANSWERSRationale: A is the correct answer. Appurtenances are those rights, privileges, and
improvements that belong to and pass with the transfer of real property but are not necessarily a part of
the property, such as rights-of-way, easements, water rights, and property improvements. An easement
that is not created for the benefit of the land owned by the owner of the easement. For example, a
utility easement would be an easement in gross.
What is a legal description that uses longitude, latitude, townships and sections called?
A. Metes and bounds
B. A rectangular government survey
C. A recorded subdivision plat
D. Lot and block - ANSWERSRationale: B is the correct answer. The rectangular
government survey is also called the government survey system. This system uses latitude lines,
longitude lines, standard parallels, and baselines to divide the earth into areas. These areas are called
townships.
Which one of the following instruments does NOT transfer an interest in real estate?
A. An option
B. A lease
C. A bill of sale
D. An agreement of sale - ANSWERSRationale: C is the correct answer. A bill of sale is used to convey
personal property while a deed is an instrument used to convey real property.
When the government takes privately owned property for public use it is called:
,A. Easement
B. Eminent domain
C. Public domain
D. Adverse possession - ANSWERSRationale: B is the correct answer. It is the government's
right (under police power) to take privately held land for public use. The process of taking the land is
called
"condemnation."
A landowner may ask for a variance when he wishes to be allowed to deviate from:
A. Permitting
B. Deed restrictions
C. Zoning
D. Fire codes - ANSWERSRationale: C is the correct answer. Variance enables s
landowner to change the use of a property without changing the zoning. Variances may be given for
setback requirements, required number of parking spaces on the property, or minimum square footage
for the lot size. Spot zoning allows a zoning change on only a small part of the land.
To create an easement by prescription the following must happen:
A. Constant use of the land for the state number of years
B. Open and notorious use of land
C. Hostile and adverse use of the land
D. All of the above - ANSWERSRationale: D is the correct answer. A person may acquire an easement by
using the servient land a particular way for a long period of time. Such an easement is called a
prescriptive easement. The user gets an easement by
openly, adversely, continuously, and exclusively using the land for a number of years specified by state
statute. Acquiring an easement by prescription today is similar to acquiring title to land by adverse
possession. The difference is simply that if the adverse use doesn't amount to possession but is merely
the use of the servient land, the adverse user acquires an easement to continue that use rather than
complete ownership of the land.
What is an example of a voluntary lien?
A. Mechanic's lien
,B. Income tax lien
C. Mortgage lien
D. Judgment lien - ANSWERSRationale: A is the correct answer. A mortgage lien is put on the property
voluntarily by the buyer. Mechanic's liens, judgment liens, and tax liens are all INVOLUNTARY liens (put
on by contractors, judges, and the IRS).
Kim lives in a home that has underground utility lines buried in the back yard. This is an example of a
utility easement. A utility easement is also called:
A. A fee simple estate
B. An easement in gross
C. A deed restriction easement
D. A renewal easement - ANSWERSRationale: The correct answer is B. The easement in gross
allows the utility company to erect and maintain utility
equipment on or under the homeowners' land. The owner of
the land is allowed reasonable use of the land over which
the easement runs.
A lien that is placed on the property by someone who furnished labor or materials for the property and
has not been paid is called a:
A. Mechanics lien
B. Tax lien
C. Deed of trust lien
D. Mortgage lien - ANSWERSRationale: The correct answer is A. A mechanics lien must be filed in the
county in which the property is located.
What type of notice is it called when a notice is given directly to a person and received by that person?
A. Constructive notice
B. Actual notice
C. Relative notice
D. Improper notice - ANSWERSRationale: B is the correct answer. Actual notice is given and received
directly to a person.
, What is the notice called when the title transfer of a property is publicly recorded?
A. Appropriate notice
B. Public notice
C. Constructive notice
D. Actual notice - ANSWERSRationale: C is the correct answer. Recording doesn't
transfer title. It announces the transfer of the title. The
purpose for recording the title is to give the public
constructive notice of the ownership transfer.
John and Joe own a property together. John owns 60% of the property and Joe owns 40% of the
property. What kind of ownership do we assume they have?
A. Severalty
B. Tenancy in common
C. Joint tenancy
D. Leasehold - ANSWERSRationale: B is the correct answer. A way to remember the difference between
tenants in common and joint tenancy is that tenants in common ends in an "n" for "no" right of
survivorship, meaning that if one of the partners dies, the property of the deceased will go to his heirs .
Joint tenancy ends in a "y" meaning "yes" there are rights of survivorship (survivorship of the
partnership), meaning that if one of the party dies, the remainder of the property will go to the other
partner.
A new 4000 sq. ft. home is built in a neighborhood of 1500 sq. ft. homes. The new home suffers from:
A. Functional obsolescence
B. Economic obsolescence
C. Regression
D. Both B and C - ANSWERSRationale: C is the correct answer. Regression is the
principle that states properties with superior improvements or land values are reduced when most
properties in the same neighborhood are inferior.
Which of the following results from factors outside the property?
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