Question 1

When an easement or profit is not dependent on owning property adjacent to the land on which the nonpossessory interest exists,the easement or profit is ________.

Accepted Answer

A)  In gross
B)  Appurtenant
C)  Express
D)  Adjoining
E)  PrevailingF) All of the above
G) A) and D)

Question 2

Under the U.S.Constitution,private property may only be taken by the government if the government plans to develop the property itself for a public use,such as for a school or a road.

Accepted Answer

A) True 
 B)False

Question 3

John owns property in fee simple absolute which contains a public easement next to a creek.The easement has poor drainage,and a construction company fixing drainage to the adjacent property wants to dump a load of soil in the area of the easement,which would also benefit John's property.May the company dump the soil on the public easement?

Accepted Answer

A)  No,only the city can alter property of the easement.
B)  No,only the fee owner or the city can alter property of the easement.
C)  Yes,so long as it does not injure John's property.
D)  Yes,since it is a public easement.
E)  No,only the fee owner can alter property of the easement.F) A) and B)
G) None of the above B

Question 4

Real property is commonly referred to as "realty."

Accepted Answer

A) True 
 B)False  True

Question 5

In making a transfer by ________,deed the grantor is only making the promise that he or she has not done anything to lessen the value of the estate.

Accepted Answer

A)  Specific
B)  General warranty
C)  Quitclaim
D)  Special warranty
E)  ApprovedF) B) and C)
G) A) and E)

Question 6

[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type.He was aware that the roof leaked,that he had defective piping,and that the air conditioning did not work,among other problems.He sold the home to Luisa.He did not tell her anything about the problems with the house.Shortly after Luisa moved in,there was a thunderstorm resulting in water streaming down from the ceiling.Within a few weeks of her moving in,pipes began to burst resulting in significant water damage.The air conditioner also failed to work when she turned it on for the first time.Luisa demanded that Ciaran refund her purchase price and take back the house.Ciaran sent her a letter providing as follows:Dear Luisa,Caveat emptor.You have marketable title.Regards,CiaranLuisa is furious and wants to sue.
-What does the term "caveat emptor" mean?

Accepted Answer

A)  Title has passed.
B)  Let the seller beware.
C)  The buyer was negligent.
D)  The buyer was unintelligent.
E)  Let the buyer beware.F) B) and E)
G) A) and E)

Question 7

In a[n] ________,the investor resident is a shareholder in the corporation that owns an apartment building and receives a permanent lease of one unit of the building upon acquiring stock.

Accepted Answer

A)  Cooperative
B)  Association
C)  Unit investment
D)  Alignment
E)  CondominiumF) B) and C)
G) B) and E)

Question 8

In conveying property,Jayson does not want to make a complete warranty of the property and promises only that he has not done anything to lessen the value of the property.What type of deed should Jayson file?

Accepted Answer

A)  A special warranty deed.
B)  A quitclaim deed.
C)  A limited title deed.
D)  A special title deed.
E)  A warranty deed.F) A) and B)
G) A) and E)

Question 9

Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?

Accepted Answer

A)  In most states,Ciaran had no duty to warn Luisa of anything so long as she had her own home inspection done.
B)  In most states,Ciaran had no duty to warn Luisa of anything.
C)  In most states,Ciaran had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property and that materially affected the value of the property.
D)  In most states,Ciaran had a duty to warn Luisa about any defects in the property regardless of whether they could have been discovered through a thorough examination of the property.
E)  In most states,Ciaran only had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property.F) A) and E)
G) A) and B)

Question 10

A certification by an official of the state that he or she saw the signing of a deed and was provided evidence that the signatories were who they claimed to be is referred to as an) _ .

Accepted Answer

A)  Execution
B)  Notarization
C)  Sealing
D)  Acknowledgement
E)  CertificationF) A) and B)
G) C) and E)

Question 11

Which of the following was the result in The Spur at Williams Brice Owners Association,Inc.v.Lalla,the case in the text in which a homeowners' association brought suit against an owner to enforce a restrictive covenant barring rentals to unrelated college students?

Accepted Answer

A)  The court ruled that the covenant was not enforceable because the economic conditions had changed significantly,making the restrictive covenant unfair to the owners.
B)  The court ruled that the agreement remained enforceable as there were other options available to the owners.
C)  The court ruled that the covenant was not enforceable because it was injurious to the public by reason of its effect on leasing in the area.
D)  The court ruled that the covenant remained enforceable despite an economic change in conditions.
E)  The court ruled that the covenant was not enforceable because it was unreasonable as to the parties.F) D) and E)
G) B) and C)

Question 12

In Japan,adverse possession for years leads to a transfer of ownership as long as the possessor began with a non-negligent,good-faith belief that he or she had legal title to the property.

Accepted Answer

A)  25
B)  30
C)  10
D)  20
E)  15F) A) and E)
G) C) and E)

Question 13

A estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

Accepted Answer

A)  Life
B)  Leasehold
C)  Future interest
D)  Fee simple absolute
E)  ConditionalF) C) and E)
G) A) and B)

Question 14

Which of the following is meant by Ciaran's statement that Luisa has marketable title?

Accepted Answer

A)  That she has legal title and that there are no liens or restrictions on the property of which she is unaware.
B)  That Luisa has the legal title,not Ciaran,and that she,therefore,has responsibility for all repair.
C)  That all taxes have been paid.
D)  That all taxes have been paid,that Luisa not Ciaran) has legal title and has responsibility for all repairs,and that there are no liens or restrictions on the property.
E)  That all taxes have been paid and that there are no liens or restrictions on the property,but not that Luisa has legal title.F) C) and E)
G) B) and D) A

Question 15

What type of interest,if any,does Max have in the property?

Accepted Answer

A)  A future estate.
B)  A future life estate.
C)  A future interest.
D)  Max does not yet have an interest in the property.
E)  A life estate.F) D) and E)
G) C) and D)

Question 16

Is Kitara correct that Akira no longer owns the mansion?

Accepted Answer

A)  No,unless the title of the property states otherwise.
B)  No,unless she owned the mansion as a fee simple absolute.
C)  No,she cannot lose the property simply because she made a change to it.
D)  Yes,because she owns a life estate.
E)  Yes,Akira's interest in the mansion terminated when she added the modern wing because a prohibited event occurred.F) A) and C)
G) None of the above

Question 17

"Caveat emptor" requires certain disclosures to be made by the buyer to the seller about the condition of the property.

Accepted Answer

A) True 
 B)False

Question 18

When a person takes ownership of property by treating a piece of real property as his or her own,without protest or permission from the owner,which of the following occurs?

Accepted Answer

A)  Obtained title
B)  Adverse possession
C)  Unopposed possession
D)  Opposed possession
E)  Adverse titleF) A) and D)
G) A) and C)

Question 19

A is an instrument that conveys real property from one owner to another.

Accepted Answer

A)  Transfer
B)  Right of way
C)  Deed
D)  Form of acknowledgment
E)  TitleF) All of the above
G) C) and E)

Question 20

The government wants to take an open lot owned by Sabrina and build a police station.Sabrina is offered $50,000 for the land,but she wants to keep the land or at least receive more money.Must Sabrina sell the land,and if so,must she sell it for the offered price?

Accepted Answer

A)  Sabrina need not sell the land,however,she can insist the government pays fair market value for the land.
B)  Sabrina must sell the land if the government's use is for a legitimate public purpose,however,she can insist the government pays fair market value for the land.
C)  Sabrina must sell the land to the government,and the government must pay the fair market value,unless it is her primary residence,then Sabrina need not sell the property.
D)  If she owns the land in fee simple absolute,she is not required to sell the land at any price.
E)  If she owns the land in fee simple absolute,she is required to sell the land,but she can demand a higher price.F) B) and C)
G) A) and E)

Exam 49: Real Property

When an easement or profit is not dependent on owning property adjacent to the land on which the nonpossessory interest exists,the easement or profit is ________.

Correct Answer
verified

Under the U.S.Constitution,private property may only be taken by the government if the government plans to develop the property itself for a public use,such as for a school or a road.

Correct Answer
verified

Correct Answer
verified
B

Real property is commonly referred to as "realty."

Correct Answer
verified
True

In making a transfer by ________,deed the grantor is only making the promise that he or she has not done anything to lessen the value of the estate.

Correct Answer
verified

Correct Answer
verified

In a[n] ________,the investor resident is a shareholder in the corporation that owns an apartment building and receives a permanent lease of one unit of the building upon acquiring stock.

Correct Answer
verified

In conveying property,Jayson does not want to make a complete warranty of the property and promises only that he has not done anything to lessen the value of the property.What type of deed should Jayson file?

Correct Answer
verified

Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?

Correct Answer
verified

A certification by an official of the state that he or she saw the signing of a deed and was provided evidence that the signatories were who they claimed to be is referred to as an) _ .

Correct Answer
verified

Which of the following was the result in The Spur at Williams Brice Owners Association,Inc.v.Lalla,the case in the text in which a homeowners' association brought suit against an owner to enforce a restrictive covenant barring rentals to unrelated college students?

Correct Answer
verified

In Japan,adverse possession for years leads to a transfer of ownership as long as the possessor began with a non-negligent,good-faith belief that he or she had legal title to the property.

Correct Answer
verified

A estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

Correct Answer
verified

Which of the following is meant by Ciaran's statement that Luisa has marketable title?

Correct Answer
verified
A

What type of interest,if any,does Max have in the property?

Correct Answer
verified

Is Kitara correct that Akira no longer owns the mansion?

Correct Answer
verified

"Caveat emptor" requires certain disclosures to be made by the buyer to the seller about the condition of the property.

Correct Answer
verified

When a person takes ownership of property by treating a piece of real property as his or her own,without protest or permission from the owner,which of the following occurs?

Correct Answer
verified

A is an instrument that conveys real property from one owner to another.

Correct Answer
verified

The government wants to take an open lot owned by Sabrina and build a police station.Sabrina is offered $50,000 for the land,but she wants to keep the land or at least receive more money.Must Sabrina sell the land,and if so,must she sell it for the offered price?

Correct Answer
verified

Exam 49: Real Property

When an easement or profit is not dependent on owning property adjacent to the land on which the nonpossessory interest exists,the easement or profit is ________.

Correct AnswerverifiedShow Answer

Under the U.S.Constitution,private property may only be taken by the government if the government plans to develop the property itself for a public use,such as for a school or a road.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedB

Real property is commonly referred to as "realty."

Correct AnswerverifiedTrue

In making a transfer by ________,deed the grantor is only making the promise that he or she has not done anything to lessen the value of the estate.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In a[n] ________,the investor resident is a shareholder in the corporation that owns an apartment building and receives a permanent lease of one unit of the building upon acquiring stock.

Correct AnswerverifiedShow Answer

In conveying property,Jayson does not want to make a complete warranty of the property and promises only that he has not done anything to lessen the value of the property.What type of deed should Jayson file?

Correct AnswerverifiedShow Answer

Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?

Correct AnswerverifiedShow Answer

A certification by an official of the state that he or she saw the signing of a deed and was provided evidence that the signatories were who they claimed to be is referred to as an) _ .

Correct AnswerverifiedShow Answer

Which of the following was the result in The Spur at Williams Brice Owners Association,Inc.v.Lalla,the case in the text in which a homeowners' association brought suit against an owner to enforce a restrictive covenant barring rentals to unrelated college students?

Correct AnswerverifiedShow Answer

In Japan,adverse possession for years leads to a transfer of ownership as long as the possessor began with a non-negligent,good-faith belief that he or she had legal title to the property.

Correct AnswerverifiedShow Answer

A estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

Correct AnswerverifiedShow Answer

Which of the following is meant by Ciaran's statement that Luisa has marketable title?

Correct AnswerverifiedA

What type of interest,if any,does Max have in the property?

Correct AnswerverifiedShow Answer

Is Kitara correct that Akira no longer owns the mansion?

Correct AnswerverifiedShow Answer

"Caveat emptor" requires certain disclosures to be made by the buyer to the seller about the condition of the property.

Correct AnswerverifiedShow Answer

When a person takes ownership of property by treating a piece of real property as his or her own,without protest or permission from the owner,which of the following occurs?

Correct AnswerverifiedShow Answer

A is an instrument that conveys real property from one owner to another.

Correct AnswerverifiedShow Answer

The government wants to take an open lot owned by Sabrina and build a police station.Sabrina is offered $50,000 for the land,but she wants to keep the land or at least receive more money.Must Sabrina sell the land,and if so,must she sell it for the offered price?

Correct AnswerverifiedShow Answer

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B

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True

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A

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