Fundamentals of Real Estate Law -- Quiz Flashcards
1
Q
Which of the following is most accurately described as personal property? (A) a fixture (B) a chattel (C) an improvement (D) realty
A
B
2
Q
Which of the following is not corporeal property? (A) a building (B) growing crops (C) monthly rent (D) a fixture
A
C
3
Q
Questions 3—5 concern the following situation: Mr. Jones died; his will left to Mrs. Jones the right to use, occupy, and enjoy Mr. Jones’s real estate
until her death. At that time, the real estate is to become the property of their son Willis.
3. Mrs. Jones is a (A) remainderman (B) life tenant (C) joint tenant (D) tenant in common
A
B
4
Q
Questions 3—5 concern the following situation: Mr. Jones died; his will left to Mrs. Jones the right to use, occupy, and enjoy Mr. Jones’s real estate
until her death. At that time, the real estate is to become the property of their son Willis.
Willis is a (A) remainderman (B) life tenant (C) joint tenant (D) tenant in common
A
A
5
Q
Questions 3—5 concern the following situation: Mr. Jones died; his will left to Mrs. Jones the right to use, occupy, and enjoy Mr. Jones’s real estate
until her death. At that time, the real estate is to become the property of their son Willis.
Mrs. Jones has a
(A) fee simple estate in joint tenancy with Willis
(B) fee simple estate as tenant in common with Willis
(C) Life estate
(D) life estate in joint tenancy with Willis
A
C
6
Q
Which of the following is not realty? (A) a fee simple estate (B) a leasehold for indefinite duration (C) lumber (D) a life estate
A
C
7
Q
Real estate is best defines as (A) land and buildings (B) land and all permanent attachments (C) land and everything growing on it (D) land only
A
B
8
Q
A freehold estate is
(A) one acquired without paying anything
(B) any leasehold
(C) any estate wherein one may use the property as he wishes
(D) an estate of uncertain duration
A
D
9
Q
An item of personalty that is affixed to realty so as to be used as a part of it is (A) a fixture (B) a chattel (C) personal property (D) an encumbrance
A
A
10
Q
- Which is not considered a permanent
attachment to land? (A) anything growing on it (B) fixtures (C) chattels (D) anything built upon the land
A
C
11
Q
A person who has some rights to use land, but not all possessory rights, is said to have (A) an interest in land (B) an estate in land (C) a life estate in land (D) a tenancy in common
A
A
12
Q
person who has permission to use land but has no other rights has (A) tenancy at sufferance (B) tenancy in common (C) license to use (D) a fee simple estate
A
C
13
Q
A person receives title to land by virtue of
having used and occupied it for a certain period of time, without actually paying the previous owner for it, receives title by
(A) will
(B) descent
(C) alienation
(D) adverse possession
A
D
14
Q
14. A person who dies leaving no will is said to have died (A) intestate (B) without heirs (C) unbequeathed (D) unwillingly
A
A
15
Q
A person who owns an undivided interest in
land with at least one other and who has the right of survivorship is said to be a
(A) tenant in common
(B) tenant at will
(C) joint tenant
(D) tenant at sufferance
A
C
16
Q
Tenancy in severalty refers to
(A) ownership by one person or one entity only
(B) ownership by two persons only
(C) ownership by at least three persons
(D) a special form of joint ownership available only to married couples
A
A
17
Q
Dower rights are rights that assure that
(A) a spouse receives a certain portion of his/her deceased spouse’s estate
(B) dowagers may have property rights
(C) a homeowner cannot lose his entire investment in his home
(D) husbands and wives share equally in property acquired during marriage
A
A
18
Q
An easement is
(A) the right to use the property of another for
any purpose
(B) the right to use the property of another for a specific purpose
(C) a private contract and does not permanently affect the realty
(D) the right to keep another from using one’s land illegally
A
B
19
Q
The process whereby a person holding a claim against property can have the property sold to pay the claim is (A) alien (B) a covenant (C) a mechanic's lien (D) a foreclosure
A
D
20
Q
20. A person who appears to own property but does not is said to have (A) good title (B) recorded evidence of title (C) constructive notice (D) color of title
A
D
21
Q
Two people who own undivided interests in the same realty, with right of survivorship, have (A) tenancy in severalty (B) tenancy in common (C) tenancy at sufferance (D) joint tenancy
A
D
22
Q
A fee simple estate is (A) a freehold estate (B) a life estate (C) an estate for years (D) an estate in abeyance
A
A
23
Q
23. Which of the following is not considered a permanent attachment to land? (A) improvements to land (B) a fixture (C) trees growing on the land (D) a load of bricks
A
D
24
Q
24. A person who has some rights to land, but not all the possessory rights, has (A) a life estate (B) an interest in land (C) an estate at will (D) a fixture
A
B
25
25. A person who has color of title to land has
(A) the appearance of title
(B) forgeries of state title papers
(C) a right to one-half the income from the land
(D) foreign ownership
A
26
26. A life estate pur autre vie is one in which
(A) the life tenant must occupy the premises and may not lease them to anyone else
(B) the duration of the life estate is based upon the duration of the life of someone other than the life tenant
(C) the life tenant has died
(D) the life tenant may not occupy the
property himself/herself
B
27
27. Which of the following would not be real property?
(A) a lease for one month
(B) an easement
(C) permanent ownership of mineral rights on someone else's land
(D) a life estate
A
28
```
28. Adverse possession may establish
(A) use of property
(B) a claim to title
(C) who owes back taxes
(D) homestead rights
```
B
29
```
29. An easement by prescription may establish
(A) use of property
(B) a claim to title
(C) who owes back taxes
(D) homestead rights
```
A
30
```
30. Fifty feet of land was added to Apple's farm because a river changed its course. This is an example of
(A) accretion
(B) avulsion
(C) riparian rights
(D) usufructory
```
A
31
```
31. Fifty feet of beachfront land was removed by a flood. This is an example of
(A) riparian rights
(B) estovers
(C) avulsion
(D) emblements
```
C
32
```
32. As used in real estate practices, the land of a riparian owner borders on
(A) a river
(B) a stream
(C) a moving watercourse
(D) any of the above
```
D
33
```
33. A person holding title to real property in severalty would most likely have
(A) a life estate
(B) an estate for years
(C) ownership in common with others
(D) sole ownership
```
D
34
```
34. Joint ownership of real property by two or more persons, each of whom has an undivided interest (not necessarily equal) without right of survivorship, is
(A) a tenancy in partnership
(B) a tenancy by the entireties
(C) a tenancy in common
(D) a leasehold tenancy
```
C
35
```
35. Generally, the taking of private land by governmental bodies for public use is governed by due process of law and is accomplished through
(A) exercise of police power
(B) eminent domain
(C) reverter
(D) escheat
```
B
36
```
36. Governmental land use planning and zoning are important examples of
(A) exercise of eminent domain
(B) use of police power
(C) deed restrictions
(D) encumbrance
```
B
37
```
After Harry bought his apartment, he started receiving his own property tax bills. This indicates that he has bought into a
(A) condominium
(B) cooperative
(C) leasehold
(D) syndicate
```
A
38
```
38. Helen and David, who are not married, want to buy a house together. To ensure that if one dies the other automatically becomes the full owner, their deed must state that they are
(A) tenants in common
(B) tenants in severalty
(C) tenants by the entirety
(D) joint tenants
```
D
39
```
39. Real property is
(A) the land
(B) the land, the improvements, and the bundle of rights
(C) the land and the right to possess it
(D) the land, buildings, and easements
```
B
40
A house has a built-in bookcase and elaborate chandelier. The buyer is also getting a dinette set and a table lamp. Which is correct?
(A) The built-in bookcase and chandelier are included in the real estate contract. The lamp and dinette set are chattels and are sold seperately.
(B) All the items must be included in the real estate contract
(C) The chandelier is real estate; the other items must be sold on a bill of sale.
(D) All of the items are real estate because they are sold with the house.
A
41
```
41. Man-made additions to land are known as
(A) chattels
(B) trade fixtures
(C) easements
(D) improvements
```
D
42
```
42. Land can be owned apart from the buildings on it under the arrangement known as a
(A) net lease
(B) life estate
(C) remainder
(D) ground lease
```
D
43
```
43. No one seems to own the vacant land next to Marys's house, so she has used it for a pasture for many years. She may have a good chance of obtaining ownership by
(A) poaching
(B) foreclosure
(C) adverse possession
(D) eminent domain
```
C
44
```
An abstract of title contains
(A) the summary of a title search
(B) an attorneys opinion of title
(C) a registrar's certificate of title
(D) a quiet title lawsuit
```
A
45
```
45. In order to reach the beach, the Smiths have a permanent right-of-way across their neighbor's beachfront property. The Smiths
own
(A) an easement
(B) an attorney's opinion of title
(C) a registrar's certificate of title
(D) a quiet title lawsuit
```
A
46
46. Which of the following is real estate?
(A) fence, driveway, shrubs
(B) a dishwasher in a box that needs to be installed
(C) a cord of timber that has been cut
(D) a piece of paper on which is a written and signed deed
A
47
Littoral rights for properties abutting the ocean give ownership
(A) to the mean high-water mark
(B) to a point 100 feet from the shore
(C) to the state 0M1ership line
(D) to a point designated by the U.S. Army
Corps of Engineers
A
48
48. Personal property is best defined as
```
(A) anything that can be owned aside from
real estate
(B) intangibles
(C) fixtures attached to real estate
(D) furniture and built-in appliances
```
A
49
```
49. The lumber for a deck that has not yet been
built is
(A) a trade fixture
(B) real estate
(C) personal property
(D) a fixture
```
C
50
50. The vertical boundaries of land ownership are
best described as
(A) from the center of the earth to 1,000 feet
above ground
(B) from the surface of the earth to 1,000 feet
below ground
(C) from the center of the earth upward to the heavens above
(D) from the surface of the earth to 1,000 feet below ground and 1,000 feet above ground
C
51
51. The type of co-ownership that allows an
(A) tenancy by the entirety
(B) tenancy in severalty
(C) tenancy in common
(D) joint tenancy
C
52
```
52. One who owns a life estate cannot
(A) sell his interest
(B) mortgage his interest
(C) devise his interest
(D) Icasc his interest
```
C
53
```
53. A condominium owner can avoid payment of his/her share of the common expenses by doing which of the following?
(A) not using certain common elements
(B) abandoning her apartment
(C) defaulting on mortgage payments
(D) none of the above: payment cannot be
avoided
```
D
54
```
54. Which type of property can become real estate
by the manner of physical attachment?
(A) fixtures
(B) emblements
(C) portable appliances
(D) deeds
```
A
55
```
55. Owners of cooperative apartments and
condominiums both
(A) own real estate
(B) own shares in a corporation
(C) must live full-time in their units
(D) must pay assessments
```
D
56
```
56. The right of _____ gives the state ownership of property left by one who died without heirs and without a will.
(A) estovers
(B) intestate
(C) emblements
(D) escheat
```
D
57
57. A fee simple estate is best described as
(A) ownership for one's lifetime
(B) complete ownership, subject to eminent domain, zoning, taxation, and other government land use limitations
(C) interest in a property as limited by a deed
(D) ownership as long as one pays a fee for title
B
58
58. Which of the following is true about eminent domain?
(A) The process used to acquire the property is called condemnation.
(B) Governments can use it whenever and wherever they want.
(C) Governments can pay whatever amount they like.
(D) Constitutionally, the right of eminent domain is guaranteed by the First Amendment.
A
59
```
59. Three people bought property with the understanding that if one of them died, his heirs would inherit that interest. Most likely they took title under which type of estate?
(A) joint tenancy
(B) tenancy in common
(C) estate in common
(D) tenancy by entireties
```
B
60
60. A city wants to buy land to build a convention center. Which of the following is true regarding eminent domain?
(A) It is not allowed because a convention center is not a necessity.
(B) It can be applied with just compensation paid for the land.
(C) It will be too costly.
(D) Only federal and state governments have that power.
B
61
```
61. A person who inherits real estate under the terms of a will is a(n)
(A) bequest
(B) life estate
(C) devisee
(D) executor
```
C
62
62. When title to property is taken as tenants in common,
(A) all parties have an equal interest
(B) each tenant in common may sell his interest
(C) each tenant in common must pay rent to the landlord
(D) when a tenant dies, the share is distributed equally to the surviving tenants in common
B
63
```
63. Your grandfather died intestate, and you received his house. Title was acquired
(A) by will
(B) by estovers
(C) by descent
(D) by mitigation
```
C
64
```
64. The most extensive form of ownership in real estate is
(A) a paid-up fee
(B) life estate
(C) fee tail
(D) fee simple
```
D
65
```
65. What type of rights does not refer to the use of water?
(A) riparian
(B) usufructory
(C) dower
(D) littoral
```
C
66
```
66. Allen has given Betty the right to park in his driveway for three weeks. This right is best called
(A) license
(B) easement
(C) right of way
(D) lease
```
A
67
```
67. Unmarried domestic partners wish to buy a house using an ownership agreement whereby if one dies, that party's heirs become owners of the share. Which form of ownership should they use?
(A) joint tenancy
(B) tenancy in severalty
(C) limited partnership
(D) tenancy in common
```
D
68
68. Which is not true of a joint tenancy?
(A) Its use is limited to a husband and wife.
(B) It offers the right of survivorship.
(C) It is a form of co-ownership.
(D) It differs from tenancy in common.
A
69
```
69. A proprietary lease is a unique characteristic of what form of ownership?
(A) condominium
(B) cooperative
(C) timeshare
(D) PUD
```
B
70
```
70. Approximately 41 states do not recognize
(A) partnerships
(B) joint tenancy
(C) community property
(D) tenancy in common
```
C
71
```
71. The exercise of eminent domain results in
(A) seizure
(B) unjust compensation
(C) condemnation
(D) government authority
```
C
72
72. Susan lived rent-free in a remote cabin, with the owner's permission, for 40 years. Susan
(A) owns the property under adverse possession
(B) owns the property under prescription
(C) must pay rent to the owner
(D) has no ownership interest
D
73
```
73. I give my brother permission to live in a house. I own until the death of his daughter. This is
(A) an ordinary life estate
(B) a life estate pur autre vie
(C) a leasehold interest
(D) a tenancy for life
```
B
74
```
74. Upon expiration of a life estate, the property passes to the
(A) life tenant
(B) beneficiary
(C) remainderman
(D) trustee
```
C
75
```
75. Upon marriage in community property states, real property previously owned individually by
each party
(A) becomes jointly owned
(B) doesn't change
(C) becomes community property
(D) is held by a tenancy in common
```
B
76
```
76. A widower dies without making a will. His surviving children inherit the property by
(A) escheat
(B) law of intestate succession
(C) estover
(D) emblements
```
B
77
```
77. Which of the following provides the most complete form of ownership?
(A) fee tail
(B) fee simple absolute
(C) fee on condition
(D) leasehold
```
B
78
78. Which of the following is a property improvement?
(A) a pool table in a basement
(B) an in-ground swimming pool
(C) an above-ground plastic swimming pool
(D) a merger of two REITs treated as a pooling of interests
B
79
79. The bundle of rights refers to
(A) the U.S. Constitution's Bill of Rights
(B) sticks carried to a property as firewood
(C) the right to sell your property
(D) a set of legal rights to property that an owner enjoys
D
80
```
80. Riparian rights apply to land along
(A) any body of water
(B) ocean waters
(C) ripe vegetables and fruits
(D) rivers and streams
```
D
81
```
81. Littoral rights apply to land adjacent to
(A) a city's reservoir
(B) man-made lakes and ponds
(C) oceans or seas
(D) all of the above
```
D
82
82. How is a fixture best defined?
(A) personal property included in the sale of real estate
(B) personal property more or less
permanently attached to real estate
(C) personal property left with real estate
when sold
(D) any chandelier or ceiling light
B
83
83. Two unmarried individuals own a house with equal interests. What form of ownership is
most likely?
(A) tenants by the entireties
(B) limited partnership
(C) tenancy in common
(D) condominium
C
84
84. The right to use, occupy, and enjoy real estate
for a limited amount of time specified in a
lease is
(A) fee simple
(B) cooperative
(C) leased fee estate
(D) leasehold estate
D
85
85. Morris grants the use of a property to his
daughter, Susie, for her lifetime. When Susie
dies, the property will go to Morris's son,
Herman. Susie has a
(A) remainder interest
(B) life estate pur autre vie
(C) life estate
(D) riparian rights
C
86
```
86. A tenant who stays without permission after a
lease expires is a
(A) holdover tenant
(B) tenant at will
(C) squatter
(D) eviction
```
A
87
```
87. Which states recognize community property?
(A) California and Texas
(B) New York and New Jersey
(C) Ohio and Pennsylvania
(D) Virginia and West Virginia
```
A
88
88. When a joint tenant dies, his or her share
(A) is owned by the surviving joint tenants in
proportion to their ownership share
(B) has its share of mortgage debt canceled
(C) escheats to the state
(D) becomes community property
A
89
89. In a cooperative apartment arrangement, the
building and land are owned by
(A) the state
(B) a corporation
(C) husband and wife
(D) a condominium
B
90
90. When a tenant in common dies, his or her interest
(A) is inherited by the surviving tenants in
common
(B) is inherited by his or her heirs in
accordance with his or her will
(C) is inherited by the remainderman
(D) escheats to the state
B
91
91. Larry, as a tenant, rents a house for one year. Larry has the right to
(A) sell the house
(B) assign or sublet the house fenced
(C) borrow against the house
(D) use and possess the property for one year upon payment of rent
D
92
92. A TENANCY WILL EXPIRES
(A) WHEN EITHER THE OWNER OR THE TENANT DECIDED, OR UPON THE DEATH OF EITHER
(B) ON THE TERMINATION DATE STATED IN THE LEASE
(C) EVERY YEAR UNLESS RENEWED
(D) ON THE DATE WRITTEN IN THE TENANT'S WILL
A
93
```
93. Which of the following is an encumbrance on real estate?
(A) a restriction on use
(B) a mortage loan
(C) an easement
(D) all of the above
```
D
94
```
94. An easement can apply to use by
(A) people only
(B) property only
(C) government only
(D) people or property
```
D
95
```
95. The property that benefits from use of an
easement is the estate.
(A) servient
(B) life
(C) credit
(D) dominant
```
D
96
```
96. An easement by prescription is needed by a person whose property is
(A) on a body of water
(B) landlocked
(C) fenced
(D) zoned
```
B
97
```
97. A seller who wants to control the future use of property could insert a(n) ______ when transferring ownership
(A) deed restriction
(B) zoning clause
(C) zip lock
(D) exculpatroy clause
```
A
98
```
98. A lien is a
(A) form of property tax
(B) type of lease
(C) claim aginst a property with the property being the security for the claim
(D) form of disclosure
```
C
99
99. Recording a deed at a county courthouse gives
(A) actual notice to the world of the existence of a document
(B) constructive notice to the world of the existence of the document
(C) notice to title companies
(D) no notice at all
B
100
```
100. The court where an estate is settled is called the ______ court in most jurisdictions.
(A) claims
(B) appeals
(C) probate or surrogate's
(D) tax
```
C
