Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

North Carolina tree licensing exam > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

Real property consists of all of the following EXCEPT

rights associated with property.

man-made improvements

land and attachments to land.

movable items not fixed to the land.

A

movable items not fixed to the land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Select the matching pairs defining the bundle of rights that come with real property.

Jay loves fresh corn, so he plants half of his backyard with corn.

Rob never uses his detached two-car garage, so he rents it as storage.

Kim refuses to let the neighbors cut through her yard on the way to the park

A

Right of Possession(Jay)
Right of Disposition(Rob)
Right of Exclusion(Kim)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Frank owns a 12-story apartment building along the freeway. He agrees to allow an outdoor advertising agency to erect a billboard on the roof of his building. Frank is exercising his ownership rights to the air.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

John’s neighbor has an oak tree whose branches and roots are extending across the lot line into John’s backyard. Which of John’s rights is NOT being violated?

A

mineral

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

You live in a house on the shores of a commercial lake. You are a ________ owner, which means that you ________ own the land under the water.

A

littoral / don’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Marcus owns a cottage on the lake. When he sells the cottage, his littoral rights are automatically transferred to the new owner.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Reliction is the gradual process of waterborne silt being deposited in a river, lakebed or on a shore.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If you purchase a home next to an airport and you become annoyed when planes take off from the airport in early morning hours, do you think you may be able to recover damages from the airport for infringing on your air rights?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Lenny owns a home within the city limits. In a corner of his property, he has an elaborate garden where he likes to sit quietly. He gets new neighbors who have a teenager. The teen is in a band, which practices in the garage right next to Lenny’s garden most evenings until late. What activity is happening, and what right is being infringed upon?

A

This is nuisance, which is infringing on Lenny’s right of enjoyment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Ownership of land involves only the surface and the dirt below, NOT the air above it.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

You live next to a coastal inlet. Over the last several years, the tide has been depositing silt into the inlet, adding land to your property. This is an example of

A

accretion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Encroachment refers to a physical intrusion of land by another person without any lawful right to enter it.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Your property sits on a large navigable river. Which statement is FALSE?

A

You can stop people from boating in front of your home.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Which is NOT an example of an attachment?

a basketball hoop that is moved into the garage in the winter

a greenhouse that is built off of the garage

the lily pond in the backyard Japanese garden

uncut roses on a rose bush planted by the back door

A

a basketball hoop that is moved into the garage in the winter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which transaction does NOT represent an example of an appurtenance?
selling the fructus industriales grown on your land

selling the space above your farm to a billboard advertiser.

selling the space above your farm to a billboard advertiser

selling water from your underground spring to a bottling company

A

selling the space above your farm to a billboard advertiser

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Do you think that a buyer can acquire personal property as part of an agreement to purchase real property?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Trees, shrubs, perennials, and naturally occurring vegetation are part of the land and therefore are considered personal property.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Harvested corn is an emblement.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which of these is real property?

fructus industriales

fructus naturales

A

fructus naturales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Emblements are considered personal property.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Which of these is NOT classified as real property?

irises planted in a flower box on your deck

magnolia trees

tulips planted in a backyard, which bloom every year

wild blackberry bushes that grow on your property

A

irises planted in a flower box on your deck

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

You take the chandelier out of the box and attach it to the ceiling above the dining room table. Now what kind of property is the chandelier?

A

real property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When Steven sells his house to Lois, the built-in bookcase transfers as part of the transaction. The bookcase is an appurtenance.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

A new chandelier is still in the box. What kind of property is that chandelier?

A

personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

A large mirror that a buyer wants to remain with the property should

A

be identified as a fixture in the sales contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What about leased property, such as a satellite dish that’s bolted to the roof? Do you think that would be real or personal property?

A

personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Jill buys a house from Jack. She assumed that the curtains would be included in the price, even though they were not listed in the agreement of sale. What is the best argument Jill could make to persuade a judge if this goes to court?

A

“The curtains were custom-made for the odd-shaped window.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

According to the North Carolina Uniform Commercial Code (UCC), any attached item on real property is considered the homeowner’s personal property once the property is conveyed.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Which of the following is NOT considered an improvement?

retaining walls constructed by a contractor

swimming pool cracks repaired by a homeowner

land graded by a developer

fences built by a homeowner

A

swimming pool cracks repaired by a homeowner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Manufactured housing is a type of factory-built housing that is automatically considered real property once it is constructed onsite.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

An irrigation system installed by Joe on his leased peach orchid ranch is considered

A

an agricultural fixture and, under modern trends, treated as a trade fixture and remaining the property of Joe at the end of the lease.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Harvey owns a small commercial building that he rents to Lucy, who opens a ceramics shop. Lucy installs a kiln. Four years later, Harvey sells the property to Ann, who wants to start her own pottery business. When Lucy’s lease is up, who owns the kiln?

A

Lucy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Which of these is a common example of personal property that is included in an agreement of sale?

A

a refrigerator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Cynthia is renting a storefront in order to open a hair salon. She hires a plumber to install five hair washing stations in the space. The sinks would be considered fixtures, making them real property.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

When Tiffany opened a cupcake shop in a strip mall, she installed four commercial ovens. At the end of her three-year lease, Tiffany vacates the property, leaving the ovens behind. She can send a bill to the landlord for the depreciated value of the ovens.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

All of these are considered when determining whether an item is a fixture or personal property EXCEPT
intention of the annexor.

manner of annexation

value of the annexed item.

A

value of the annexed item.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Gareth inherits a plot of land from Jessie. A year later, he sells half of the property to Kim. A year later, she gives her half to Alex, who sells the mineral rights. This series of events best represents the legal property right of

A

disposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

You live in a house on the shores of Lake Michigan. You are a ________ owner, which means that you ________ own the land under the water.

A

littoral / don’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Which of the following statements about modular housing is FALSE?

Construction of a modular home on a site is more acceptable by most subdivision protective covenants, compared to a manufactured home.

Modular homes are built in compliance with HUD building codes

The factory construction is assembled by a builder onsite on the permanent foundation

The housing is considered real property immediately after assembled on site.

A

Modular homes are built in compliance with HUD building codes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

You’re representing the buyer in a real estate transaction. The seller’s fact sheet indicates that the lawnmower is included in the sale. Further conversations with the seller confirm this. The lawnmower is an example of _____________ property and ______________ need to be in the agreement of sale.

A

personal / does

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

John owns property on the Mississippi River, which gives him ___________ to the __________ of the water.

A

riparian rights / edge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Each of these terms could be used to describe a tractor EXCEPT

A

appurtenance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Gareth inherits a plot of land from Jessie. A year later, he sells half of the property to Kim. A year later, she gives her half to Alex, who sells the mineral rights. This series of events best represents the legal property right of

A

disposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

You live in a house on the shores of Lake Michigan. You are a ________ owner, which means that you ________ own the land under the water.

A

littoral / don’t

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Which of the following statements about modular housing is FALSE?

Construction of a modular home on a site is more acceptable by most subdivision protective convenants, compared to a manufactured home.

Modular homes are built in compliance with HUD building codes

The factory construction is assembled by a builder onsite on the permanent foundation

The housing is considered real property immediately after assembled on site

A

Modular homes are built in compliance with HUD building codes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

You’re representing the buyer in a real estate transaction. The seller’s fact sheet indicates that the lawnmower is included in the sale. Further conversations with the seller confirm this. The lawnmower is an example of _____________ property and ______________ need to be in the agreement of sale

A

personal / does

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

John owns property on the Mississippi River, which gives him ___________ to the __________ of the water.

A

riparian rights / edge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Each of these terms could be used to describe a tractor EXCEPT

Appurtenance
Chattel
Personal Property
Personality

A

Appurtenance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Harry buys a house from Tom as fee simple. Can Tom take the house back because he doesn’t like the color Harry painted the shutters?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

If Bill owns land in fee simple absolute and transfers it to Bonnie without any limiting language, then Bonnie owns the land in fee simple absolute.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Mike sold his land to Pam with the condition that she does not disturb the spring house built in 1750 that’s on the back of the property. When Pam tore the spring house down to put up a horse barn, Mike exercised his right of re-entry. What type of estate did Mike grant Pam, and what did Mike have to do to get the land back?

A

fee simple subject to a condition subsequent; Mike goes to court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Same example, but instead, the specific deed language is, “My niece and her heirs may have the land as long as 10 acres remain undeveloped.” Your niece later turns the entire 20 acres into a parking lot for the ski resort next door. Do you have the right to reclaim that land without going to court?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

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 defeasible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Jill conveys a small farm house to her nephew, Jim. Jill knows that Jim will inherit a larger property when his father Mack dies. So, Jill conveys the small farm to Jim for as long as Mack lives. In this situation, who is the measuring life?

A

Mac

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Ellen is granted a conventional life estate by her uncle. Ellen has a young son, Jon, and she wants to ensure he is cared for in the event of her death. Can Ellen will her life estate to Jon?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Which type of life estate is created by operation of law?

A

Marital only 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Andrew Dye has two sons. His second wife Carla dotes on their son Bart, but Andrew is fonder of son Doug from his first marriage. Carla urges Andrew to give the Dye family beach house to Bart, but Andrew has a better idea. He conveys a life estate to his younger son Bart for as long as Carla shall live, and then to Doug. What type of estate does this describe?

A

life estate pur autre vie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

In his will, Joe leaves everything to his son, Bill, who now has a reversionary interest in the estate as well. Let’s say that Joe dies before Sue dies. Since Joe’s son Bill gets everything, according to Joe’s will, can Bill kick sister Sue off the property and take possession fee simple

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Let’s say that Joe grants a life estate to daughter Sue. When Sue dies, the life estate reverts to Joe. In this scenario, who is the life tenant?

A

Sue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Andrew conveys a life estate to his younger son Bart for as long as his wife Carla shall live, and then to his son Doug. Can Bart sell his interest in the property to his cousin Fred?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Dower and curtesy rights apply in the state of North Carolina

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Which is NOT a legal right of a life tenant?

encumbrance on the life estate

net income produced from the property

estovers for building repairs

income from cut timber

A

income from cut timber

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

When comparing freehold estates and nonfreehold estates, nonfreehold estates have a lifetime ownership interest.

A

False

64
Q

Sue creates a life estate for her brother Dave. When Dave dies, the estate will go to Sue’s sister Tina. Dave is known as the “remainderman.”

A

False

65
Q

Grandpa owned property in fee simple. He granted a life estate to his brother Zach and a remainder estate to his son Joel. The life estate is based on Zach’s life. What can Zach NOT do with his life estate?

A

He can will the life estate to his daughter

66
Q

Rachel wants to make sure that her disabled son, Earle, has a place to live when she dies. She also wants to give the property to her daughter, Jane, after her son passes away. If Earle is still alive when Rachel dies, who will own the property and what is that person called

A

The owner of the property will be Jane, and she is the remainderman

67
Q

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 will own the house. What kind of estate is this?

A

conventional life estate

68
Q

Henry buys a retirement home in the mountains. He never really got along with his son Mario, but he 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

fee simple absolute

69
Q

Jean gives 20 acres to the city of Edgewood but stipulates that the city can use it only to create a nature preserve and park. If the city uses the land for any other purpose, it will revert to Jean’s heirs. What kind of estate has Jean created?

A

defeasible fee simple

70
Q

Larry owns his house in severalty. He has a will that leaves the house to his grandson, Sean. When Larry dies, Sean is ________ and his interest was created by ________.

A

sole owner / devise

71
Q

Let’s walk through a little case study. Karen and her sister Sue buy a $200,000 house together. Karen puts up $150,000, and Sue puts up $50,000. The deed simply indicates that the grantees are Karen and Sue as tenants in common. Sue’s interest in the house is MOST LIKELY

A

50%.

72
Q

Karen and Sue’s deed indicates that Karen owns a 75% interest, and Sue owns a 25% interest. Which unity is NOT present in this arrangement?

A

interest

73
Q

Same scenario: Karen and Sue buy a $200,000 house together. Karen puts up $150,000, and Sue puts up $50,000. The deed indicates that Karen owns a 75% interest, and Sue owns a 25% interest. How much of that property can Sue occupy?

A

100%

74
Q

Mary, Donna, Ralph, and Lou co-own a property as joint tenants. What is Ralph’s interest in the property?

A

25%

75
Q

Which of these unities is NOT required for there to be joint tenancy?

A

person

76
Q

Mary, Donna, Ralph, and Lou co-own a property as joint tenants. Ralph dies. What is Mary’s interest in the property?

A

33 1/3%

77
Q

Marcia, Jan, and Cindy own a 12-acre lot as joint tenants. They agree to partition the lot into three separate lots. Now each woman owns an undivided interest in four acres.

A

False

78
Q

Ron and Deb just got married, and Deb moves into the house Ron owned prior to the wedding. Ron and Deb automatically own the house as tenants by the entirety.

A

False

79
Q

Ron sells his old house. He and wife Deb take title to a new house. The deed does not indicate this ownership specifically as a tenancy by the entirety, however. What percentage of the interest in the new house does Deb own?

A

100%

80
Q

Bride Deb moves into the house Ron owned prior to the wedding. The unities that are present with respect to the ownership of the house are interest, time, and title only, not possession or person.

A

False

81
Q

Which is LEAST LIKELY to be an example of a common area in a condominium?

balcony

land

laundromat

swimming pool

A

Balcony

82
Q

Lisa owns a condo, which means she owns in severalty, the interior

A

of her unit only.

83
Q

How long does a condo purchaser have to exercise his right to cancel the purchase contract?

A

7 days

84
Q

Condominium bylaws may stipulate what color decorative lights an owner can use on a condo’s exterior.

A

False

85
Q

Lara owns a condominium. When a candle catches her draperies on fire, the damage to Lara’s carpet, walls, and furniture is covered by the condominium association’s hazard and liability insurance.

A

False

86
Q

Jessica sells her condominium unit to Roger. Does Roger also get an undivided interest in common areas and membership in the owners association?

A

Yes

87
Q

Cooperative owners receive a deed to the unit of their real property.

A

False

88
Q

Opal lives in an apartment that is going co-op. The current residents are given the first option to buy in, and Opal decides to take advantage of the opportunity. Which statement about Opal’s new co-op is FALSE?

A

Opal will own the airspace inside her co-op.

89
Q

Opal lives in a co-op. Her interest in the co-op is

A

personal property.

90
Q

Opal lives in a co-op, and she does not pay the required assessment. The other owners in the co-op can put a lien on her unit.

A

False

91
Q

Opal lives in a co-op. Since her interest in the co-op is personal property, she cannot deduct real estate taxes and loan interest from her federal income tax

A

False

92
Q

All persons selling (or attempting to sell) time-shares in North Carolina must have an active, valid real estate license as well as a separate time-share license.

A

False

93
Q

Townhome owners have a fee simple interest in all of the following EXCEPT:

airspace only
basement
ground directly beneath the unit
roof

A

Airspace only

94
Q

Colin is setting up a trust for his grandchildren. He is the trustor and his grandchildren are trustees.

A

False

95
Q

Trustor Harold makes daughter Jan the trustee of some rental property for the benefit of grandson Mike. Who holds title to the property?

A

Jan

96
Q

Julie is applying to live in Hoity Toity Tower. Assuming no illegal discrimination, she could be rejected if

A

the co-op board decides not to approve her application

97
Q

Oscar is looking to buy a low maintenance residence. Which option will NOT give Oscar ownership of real property?

A

cooperative

98
Q

When a condo unit is sold, an undivided interest in common areas and membership in the owners association are automatically transferred to the new owner.

A

True

99
Q

Ned is a co-owner of a property in Orlando. He is permitted to stay there only in the first week of December and the third week of June every year. Ned MOST LIKELY owns a

A

Time-share

100
Q

Common areas in a condominium are owned by all owner-residents as joint tenants.

A

False

101
Q

Which types of ownership are evident in a condominium community?

A

co-tenancy and fee simple

102
Q

The term “right of survivorship” is associated with a

A

joint tenancy

103
Q

Ken included provisions in his will that upon his death, his three children will each receive a lump sum of money on their 30th birthday. What type of trust this?

A

testamentary trust

104
Q

Blanche, Rose, and Dorothy co-own a condominium. Dorothy owns a one-half interest in the property, while Blanche and Rose each own a one-fourth share. What is this type of co-ownership?

A

tenancy in common

105
Q

Derrick purchased a fee simple interest in a house on the lake with an 8% interest in the parking area, recreation center, laundry room, and docks. What kind of ownership interest did Derrick buy?

A

condominium

106
Q

Which statement about a life estate is FALSE?

An example of a life estate in some states is dower rights.
A life estate cannot be willed.
A life estate ends when the measuring life dies.
People deeding property to someone cannot take a life estate for themselves.

A

People deeding property to someone cannot take a life estate for themselves.

107
Q

Josh and Reva, husband and wife, own their home as tenants by the entirety. When Josh dies, Reva automatically becomes sole owner. What type of property ownership has this become?

A

ownership in severalty

108
Q

Which unity is NOT required for joint tenancy?

A

person

109
Q

Which type of community interest ownership takes title for a specified time period each calendar year?

A

time-share

110
Q

A creditor who files a lien has the right to occupy the property until the lien is repaid.

A

False

111
Q

A creditor who files a lien has the right to occupy the property until the lien is repaid.

A

False

112
Q

You don’t pay a special assessment tax that was imposed to pay for new street lights in your neighborhood because you thought that the existing light was sufficient. Will the city ask your permission to put a lien on your property to cover that assessment?

A

No

113
Q

If you don’t pay the general contractor, he can’t pay the lumber yard who supplied the wood for the deck. Do you think that the lumber supplier could file a mechanic’s lien against your property, too?

A

No

114
Q

Two months later, Marcia is sued for nonpayment of a credit card debt and a judgment lien is recorded against her. What are the current priority positions of the liens in the event she defaults on all of her obligations?

A

mechanic’s lien is first, mortgage lien is second, judgment lien is third

115
Q

She thought she had enough, but Marcia realized she needed more money to pay for the pool. When she refinances her mortgage to get cash out to pay for the pool, her mortgage lien is voluntary.

A

True

116
Q

The city assesses a specific tax to replace the curbs and lights on Marcia’s street, and she ignores the tax bill. The city files a lien. Of the four liens on Marcia’s property, which is in first priority?

A

special assessment tax lien

117
Q

For these next few questions, let’s walk through a scenario with property owner Marcia. Bucks Construction is building a pool at Marcia’s house. Subcontractor Tim comes and digs the hole for the pool, and Bucks does not pay him. Tim can file a mechanic’s lien against Marcia.

A

True

118
Q

Marcia has four liens: $3,000 for the city-installed curbs, $2,000 for Tim the digger, $150,000 on her mortgage, and $12,000 judgment for credit card debt. The bank forecloses, and the house sells for $152,000. How do you think the money will most likely be distributed?

A

in order, so $3,000 to the city; $2,000 to the digger; $147,000 to the bank; $0 to the creditor

119
Q

A “notice of pending litigation” to inform potential homebuyers that a property is in a pending lawsuit that will affect title to the property is called a writ of attachment.

A

False

120
Q

Restrictive (protective) covenants are private deed restrictions that limit how land may be used.

A

True

121
Q

Which is a voluntary, specific lien?

A

mortgage lien

122
Q

Which lien would be paid first in the event of a foreclosure sale?

A

property tax lien

123
Q

When Jake purchases a house, he gets a mortgage. The mortgage is recorded on May 1. Jake builds a deck in July and then goes to Hawaii for several months. He doesn’t pay the contractor or his property taxes. His property goes to foreclosure. Generally speaking, in what order will the liens be paid?

A

tax lien, mortgage lien, mechanic’s lien

124
Q

Which project would LEAST LIKELY justify a special assessment?

A

new siding on an individual property owner’s home

125
Q

An IRS tax lien is an involuntary, general lien.

A

True

126
Q

Like a lien, an easement is a nonpossessory interest in real property and is a financial encumbrance.

A

False

127
Q

The gas company has an easement in gross to access its gas lines on the

A

servient tenement.

128
Q

An example of an easement appurtenant would be an easement that grants access across a parcel of land to a public beach.

A

False

129
Q

Heather owns a property on the shore. The guest house is on the beach, and the main house is up a hill above the beach. She sells the guest house to Tom. After the sale, she continues to use the gate between the main house and the beach house to cross Tom’s property and access the beach. This would most likely be considered

A

easement by implication

130
Q

Gina has an easement to drive across her neighbor Fred’s property to get to her house. Gina sells her house to Kim. Can Kim now drive across Fred’s land?

A

Yes

131
Q

Gina has an easement to drive across her neighbor Fred’s property to get to her house. Who has the servient tenement?

A

Fred

132
Q

Gina has an easement to drive across her neighbor Fred’s property to get to her house. Gina’s property is known as

A

a dominant tenement.

133
Q

Gina’s easement could be considered an easement by necessity.

A

True

134
Q

Gina has the right to drive across her neighbor Fred’s property to get to her house. Fred cannot prevent Gina from driving across his land. Gina has a negative easement.

A

False

135
Q

Chris’s lottery ticket was only worth $62, so Chris goes on the property and harvests the corn. Assuming that there was not a time frame indicated in the deed where the easement was created, does his easement end?

A

Yes

136
Q

Chris, a farmer, sold his land to Carmen before his corn crop was ready for harvest. As part of the purchase, Carmen granted Chris an easement to enter the land and harvest the corn. If a hail storm hits the area a week before harvest, destroying the entire corn crop, does Chris’s easement end?

A

Yes

137
Q

Instead, let’s say that Chris hits the lottery for $350 million before he harvests the corn. He calls Carmen and tells her that he has no interest in harvesting the corn. What’s the most likely way his easement will be terminated

A

abandonment

138
Q

Stacy goes on vacation and checks into a hotel for one week. On the first night, she throws a party, and the guests next door complain. Can the hotel management kick her out even though she has six more nights?

A

Yes

139
Q

Henry has an easement to cross Jennifer’s property to get to his house. Jennifer sells her property. Does Henry still have a right to use the easement?

A

Yes

140
Q

Albert has a license to fish on Foster’s lake. Foster sells the property to June. Does Albert still have the right to fish on the lake?

A

No

141
Q

Of the following, which is NOT an encumbrance?

appurtenant easement
condition
license
lien

A

License

142
Q

The best way for real estate brokers to mitigate chances of marketability issues with title to real property due to encroachments is by recommending clients order a(n)

A

land survey

143
Q

Jared has an easement to drive across his neighbor Vicky’s property to get to his barn. Jared’s property is known as the ______________ tenement.

A

dominant

144
Q

Ethel has lived in a house on the lot behind Terry’s property for 30 years, driving across Terry’s vacant front property to get to the road without an easement. When Terry finally decides to build, she puts a fence all around her property, blocking Ethel from the road. Other than an easement by necessity, what option might Ethel have to travel from her property to the road?

A

easement by prescription

145
Q

An easement in gross that belongs to a company may be assigned to others.

A

True

146
Q

Evan and Kenneth have an agreement that Evan is permitted to hunt on Kenneth’s property during hunting season. This agreement is a(n)

A

license.

147
Q

Which is an example of a negative easement?

A

Your neighbor is unable to add a second story to his house if it blocks your sunlight.

148
Q

Brian has an appurtenant easement that allows him to cross over his neighbor’s land to get to the lake. When the neighbor sells this land to Brian, the easement is terminated through

A

merger.

149
Q

A landowner’s bundle of rights includes all of the following EXCEPT the right of

A

encroachment.

150
Q

A “notice of pending litigation” to inform potential homebuyers that a property is in a pending lawsuit that will affect title to the property is called a(n)

A

lis penden

151
Q

A sidewalk could best be described as an example of a(n)

A

easement in gross.

152
Q

Which is NOT an example of an encumbrance?

A

a neighbor’s shrubs hanging over your property line

153
Q

Harold and Joanne have been neighbors for years. Until recently, Harold has used Joanne’s drive as the only way to get to his garage. Harold buys the lot behind his house, tears down the old garage and builds a new one with his own driveway from the street behind his house. How is this easement being terminated?

A

failure of purpose

154
Q

Jon is granted an easement by necessity across Eric’s property to get to the road. Jon’s property is the

A

dominant tenement.

155
Q

Chris has an easement to harvest the final soybean crop on the land he sold. Just before harvest, Chris inherits $8 million. He calls the new owner and tells her that he is moving to St. Croix and that she can do whatever she wants with the soybeans. What’s the MOST LIKELY way his easement will be terminated?

A

abandonment

156
Q

Unpaid property taxes can result in a(n) ________against real estate.

A

involuntary (statutory) specific lien

North Carolina tree licensing exam (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions