CHAPTER ONE MID QUIZ Flashcards

1
Q

When a commercial property owner sells his building, display cases for jewelry that are not nailed down generally…?

A

Go out with the seller as trade fixtures.

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2
Q

The water rights associated with a river are known as…?

A

Riparian rights

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3
Q

When land is being sold, timber growing on the land is generally consider what?

A

Emblements

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4
Q

2nd National Bank has a mortgage on Victor’s home. Victor doesn’t pay his mortgage and 2nd National Bank forecloses. The bank knows Victor has a valuable record collection in his home and wants to keep it after the foreclosure. Victor files a lawsuit. The mortgage says nothing about the record collection. The bank says it’s part of the house. Who wins?

A

Victor. The records are not fixtures.

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5
Q

When land only is listed for sale, what is included?

A

Land and everything underneath the land

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6
Q

Brenda is buying a house. She loves the furniture and decorations in the house. How should she write the contract?

A

All personal property stays with the house.

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7
Q

Sam’s house has a fireplace built into the wall. Bella is buying the house. Sam wrote into the contract that personal property is not included in the sale. What happens to the fireplace?

A

It stays with the house.

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8
Q

When a great deal of accuracy is required, the boundary lines of a property are described using metes and bounds, which refer to…?

A

Length or measurements, which are metes, and boundaries, which are the bounds.

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9
Q

Are street addresses the best way to legally identify a property?

A

No, because while they are convenient, street addresses are not always reliable.

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10
Q

The terms monuments, benchmarks, and point of beginning (POB) are most often used…?

A

With metes and bounds

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11
Q

If you see a map that has grid lines and the land is cut into squares, this would be …?

A

An example of a government survey

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12
Q

First-time buyers are reviewing their paperwork, which includes the sales contract, mortgage documents, deed, and the title information. They ask their real estate agent about the legal description, and she tells them…?

A

The legal description should be exactly the same on each of these documents.

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13
Q

Copper wiring in a house is generally considered what?

A

Fixture

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14
Q

A person’s ability to pledge their real estate as collateral is known as the right to…?

A

Encumber

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15
Q

How does a lien holder place a lien on movable property?

A

Filing a UCC-1 statement with the appropriate state authority.

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16
Q

A pig farm moves into a residential neighborhood. The neighbors filed a lawsuit to make the pig farm go away. Who will win?

A

The neighbors, because the pig farm is interfering with their right of quiet enjoyment, and the neighbors were there first.

17
Q

Jim bought real property from Dale. Long before Dale owned the property, the Local Power Company purchased an easement from an earlier owner to run power lines underneath the land. The easement is recorded in the real estate records. Jim decides that he doesn’t like the power company using his property and files a lawsuit to kick them off and remove the powerlines. Who wins?

A

The power company, because their easement is a matter of record, and Jim bought the property with the easement rights.

18
Q

The gradual increase of the earth on a shore, on an ocean, or bank of a stream resulting from the action of the water is known as…?

A

Alluvium OR ACCRETTION.