What is a legal description that starts at the point of beginning, describes the property's boundaries, and returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - ANSWERSRationale: B is the correct a...
What is a legal description that starts at the point of beginning, describes the property's boundaries, and
returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - ANSWERSRationale: B is the correct answer. Where the survey starts is
called the point of beginning (POB) or point of commencement (POC), and the survey must always return
to the POB to enclose the entire property. The surveyor refers to a permanent reference mark in relation
to the monument. The two are said to be connected by a connection line. A benchmark is often used as
the permanent reference mark. The benchmark can be an engraved brass disk set in concrete. It gives
location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same position on the
globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - ANSWERSRationale: D is the correct answer. Nonhomogeneity is a lack of
uniformity or dissimilarity. Because no two parcels of land are exactly alike, real estate is said to be
nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
D. Latent defect - ANSWERSRationale: B is the correct answer. Anything that "hangs over" another's
property is considered an encroachment.
,A hospital is being built in an area that is zoned residential. The hospital will be a benefit to the public.
The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - ANSWERSRationale: B is the correct answer. A conditional use permit allows the
city to consider uses which may be essential or desirable, but which are not allowed as a matter of right
within a zoning district, through a public hearing process. A conditional use permit can provide flexibility
within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the property does not
have access to the street. John must give the owner of the back lot an ____________ across the front
lot.
A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - ANSWERSRationale: C is the correct answer. In Texas, property cannot be landlocked,
and the owner of the property must give access to another. This is called easement by necessity.
Jim leased an apartment in Austin. The lease began on March 1 and ended on September 30. The lease
did not automatically renew for another 6 months. The lease is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - ANSWERSRationale: C is the correct answer. An estate for years is a lease with a
definite beginning date and end date.
In the deed, the clause which sets forth the extent of the title being conveyed is:
A. The hereditament
B. The demising clause
C. The indenture clause
, D. The habendum clause - ANSWERSRationale: D is the correct answer. The habendum clause often
follows the granting clause and states the interest being conveyed, Fee Simple, Life Estate, or Defeasible
Fee. The habendum clause begins with the words "to have and hold."
A title insurance policy to protect the lender is called the:
A. Mortgagee's policy
B. Owner's policy
C. Quiet title policy
D. Attorney's policy - ANSWERSRationale: A is the correct answer. The mortgagee is the lender. The title
policy protects the lender.
The clause that gives the lender the right to call in the note if the mortgaged property is sold or
otherwise conveyed by the borrower, is known as the:
A. Due-on-sale clause
B. Alienation clause
C. Both A and B
D. Neither A nor B - ANSWERSRationale: C is the correct answer. If an owner defaults, it's called
acceleration. If the owner sells and the note is called due at the time of the sale, it is called alienation or
due-on-sale.
What lien is superior to all other liens?
A. Mortgage lien
B. Mechanic's lien
C. Tax lien
D. Variable lien - ANSWERSRationale: C is the correct answer. A property tax lien is placed on all
properties at the beginning of each year. It is superior to any other lien. If property tax is not paid, the
government can foreclose the property. It is an involuntary, specific lien.
A license holder who gives advice or opinion as to the legal effect of a contract or gives opinions
concerning the status or validity of title to real estate:
A. Is allowed to do this if they are a broker
B. Is practicing law
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