Chapter 2

Question 1

The government’s right to make laws and regulations for the general welfare is known as..?

Answer 1

Police power.

Question 2

The City of Atlanta has condemned Nelson’s land in order to extend its rapid transit services. This procedure is made possible because of the city’s right of..?

Answer 2

Eminent domain.

Question 3

A private landowner has the right to..?

Answer 3

Reject a claim for taxes
Repudiate a zoning ordinance
**Disinherit heirs
Refuse to sell the property or otherwise prevent the city from taking it for use as a street

Question 4

In order to be effective, a lien should be..?

Answer 4

Recorded.

Question 5

The total collection of rights that may be claimed by private ownership is best described as..?

Answer 5

The bundle of rights.

Question 6

In real estate law, the word fee is closest in meaning to..?

Answer 6

An estate of inheritance.

Question 7

What is correct about an estate?

Answer 7

It can exist simultaneously with another estate in the same property.

Question 8

When given an estate for the life of somebody, what is this called?

Answer 8

An estate pur autre vie.

Question 9

A right or claim of a creditor to have a debt satisfied from the proceeds of the sale of the debtors property in the event of default is..?

Answer 9

A lien.

Question 10

Except for the property tax liens and in some cases mechanic’s liens, priority of fiends is determined by the..?

Answer 10

Date of recording.

Question 11

Jones, a life tenant, grants Smith an easement across Jones’ land. Later Jones dies. The easement will..?

Answer 11

Terminate.

Question 12

The Joneses have purchased an acre of land in Elite Acres subdivision and are aware of the face that covenants might limit the ways in which they use their property. Which is true of private restrictions..?

Answer 12

Covenants can be based on aesthetic considerations.

Question 13

Unauthorized intrusion of a building, improvement, or other attachment onto a neighboring land is..?

Answer 13

An encroachment.

Question 14

Smith signs an agreement with Jones to use and possess Jones’s land until May 1st. Their agreement creates..?

Answer 14

An estate for years.

Question 15

All of the following can be characteristic of an easement EXCEPT..?

Answer 15

An easement creates an interest that may be protected from third party interference.
An easement can be created by conveyance.
An easement is an incorporeal right in the land of another.
**An easement may be revoked at will by the servient landowner.

Question 16

Telephone lines are an example of..?

Answer 16

An easement in gross.

Question 17

The law allows a person furnishing labor or materials for the improvement of real property to file a mechanic’s lien against the property so improved if he/she is not paid. Which of the following is correct concerning such liens?

Answer 17

**A mechanic’s lien will expire if the claimant does not take the necessary steps to enforce it.
A mechanic’s lien takes priority over all other liens.
A mechanic’s lien is a general lien.

Question 18

All of the following can be acceptable methods of terminating an easement, EXCEPT..?

Answer 18

Abandonment of the easement by the owner of the dominant estate.
The owner of the servant estate openly and continuously prevents the easement owner from exercising his/her right to use for a statutory period of time.
Express release to the owner of the servant estate by the owner of the dominant estate.
**Revocation of the easement by the owner of the servant estate.

Question 19

Farmer Brown is tired of hard work. He is deeding 165 acres of his farm to his son and keeping only 5 acres and a house for his own use. He will need an easement across his son’s land so that he can get to his own. How is the easement created?

Answer 19

Through a reservation in the deed.

Question 20

Which of the following is INCORRECT concerning a conventional life estate?

Answer 20

The owner is called the life tenant.
The owner does not have to die for the estate to end.
**Life estates aways pass to the remainderman.
A life estate may be sold, leased, or mortgaged.

Question 21

A freehold estate is defined as one that..?

Answer 21

Will last indefinitely.

Question 22

Revocable permission granted to hunt on another’s land is an example of..?

Answer 22

An incorporeal easement.
**A license.
An easement by prescription.
An easement appurtenant.

Question 23

What do dower and curtesy rights have in common?

Answer 23

Legal Life Estate.

Question 24

Which of the following phrases would be most typical of a fee simple determinable estate?

Answer 24

“For so long as”