Law Final Flashcards

1
Q

Taxes on real property in Oregon become a lien on ________

1) January 1st, the day of assessment.
2) February 15th of the year following assessment.
3) July 1st of the year of assessment.
4) November 16th, the day following the due date of the first installment payment.

A

July 1st of the year of assessment.

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2
Q

An item that “belongs to “ and passes with the title of the real property is ________

1) an emblement.
2) personal property.
3) a chattel.
4) an appurtenance.

A

an appurtenance.

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3
Q

Radon generally enters a house through the ________

1) roof
2) chimney
3) windows
4) basement floor

A

basement floor.

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4
Q

With certain exceptions a property tax lien has priority over other interests in property _________

1) according to the date they were received.
2) regardless of when they were recorded.
3) based on when the tax law was passed.
4) only if the property owner agrees to assume the obligations.

A

regardless of when they were recorded.

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5
Q

When an owner of land refuses to sell his land to the government or any governmental agency under the right of eminent domain, the name of the proceeding to require the owner to sell his land is _______

1) escheat.
2) foreclosure.
3) condemnation.
4) probate.

A

condemnation.

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6
Q

The mortgagee’s title insurance policy terminates when which of the following occurs?

l. The mortgage debt is paid in full
ll. The mortgagee dies
1) I only
2) II only
3) I and II
4) Neither I nor II

A

l only

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7
Q

What does an owner receive when he purchases a condominium?

1) Title in an apartment and tenancy-in-common of undeveloped land
2) Title in airspace and common interest in common areas
3) Tenancy-in-common in the building and common interest in other areas
4) Tenancy-in-common in the building and tenancy in severalty in the common areas

A

Title in airspace and common interest in common areas.

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8
Q

The protection of not having your property disturbed by losing support from below you property is _________

1) your right to subjacent support.
2) your right to lateral support.
3) your right to contribution.
4) your riparian right.

A

Your right to subjacent support.

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9
Q

Land sells for $1,200 per acre. What is the price of the E 1/2 of the NE 1/4 of the SW 1/4 of section 7?

1) $9,000
2) $12,000
3) $24,000
4) $48,000

A

$24,000

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10
Q

A taxpayer who appeals her valuation to the Small Claims Division of the Oregon Tax Court and loses _________

1) may appeal to the Department of Revenue.
2) may appeal to the County Board of Property Tax Appeals.
3) may appeal to the State Supreme Court.
4) has no right of appeal.

A

Has no right of appeal.

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11
Q
Which of the following is classified as a real property? 
I. Unextracted crude oil 
II. Easements appurtenant 
III. Leasehold estates in residential property 
IV. Uncultivated groves of trees 
I. Unextracted crude oil 
II. Easements appurtenant 
III. Leasehold estates in residential property 
IV. Uncultivated groves of trees 
1) I and II only 
2) III and IV only 
3) I, II and IV only 
4) I, III and IV only
A

I, II and IV only

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12
Q

The sudden tearing away or removal of land by action of water is _______________

1) accretion.
2) erosion.
3) adversion.
4) avulsion.

A

avulsion.

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13
Q

Littoral property is located _______________

1) on a hillside.
2) on a seashore.
3) on a boundary line.
4) on a stream.

A

on a seashore

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14
Q

A landowner is advised that a railroad company plans to cross his property with a railroad line. If the landowner refuses, the railroad company can proceed by the use of _______________

1) accretion.
2) partition action.
3) eminent domain.
4) None of the above

A

eminent domain.

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15
Q

Police-power controls include all of the following EXCEPT?

1) City plan specifications
2) Building codes
3) Zoning
4) Deed restrictions

A

Deed restrictions

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16
Q

In a subdivision, the units of land are referred to as _______________

1) lots.
2) parcels.
3) blocks.
4) sections.

A

lots.

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17
Q
A condition which passes with the title could be created by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. written agreement. 
II. deed. 
1) I only 
2) II only 
3) I and II 
4) Neither I nor II
A

I and II

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18
Q

The major purpose of the Land Conservation and Development Commission is to _______________

1) pass zoning laws for counties and local governments which supersede existing zoning laws. 2) evaluate local comprehensive plans to ensure compliance with statewide goals and guidelines.
3) establish wildlife sanctuaries.
4) administer the sale of federal land within the state.

A

evaluate local comprehensive plans to ensure compliance with statewide goals and guidelines.

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19
Q
Ownership of a parcel of land includes the right to use its surface, however, another person may own the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. subsurface rights. 
II. air rights. 
1) I only 
2) II only 
3) Both I and II 
4) Neither I nor II
A

Both I and II

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20
Q

When does legal title to real property pass from the seller to the buyer?

1) On the date of recording of the deed
2) When the deed is delivered
3) When the deed is placed in escrow
4) When the closing statement has been signed

A

When the deed is delivered

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21
Q

The right to continue a non-conforming use would cease if the owner attempts to _______________
I. enlarge the building or repair extensive structural damage.
II. repair the building due to general wear and tear.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

I only

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22
Q

Oregon law permits property owners to pay special assessments for local improvements, such as sidewalks, in _______________
I. a lump sum.
II. payments plus interest on the unpaid balance.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

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23
Q

The addition to one’s land by the gradual deposit of soil through natural causes is _______________

1) annulation.
2) avulsion.
3) accretion.
4) adaption.

A

accretion.

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24
Q

The legal description method that uses angles, established lines and a terminal point is the ___________

1) government survey.
2) rectangular survey.
3) lot and block description.
4) metes and bounds description.

A

metes and bounds description.

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25
Q

A deed to real property has the statement “subject to an easement”. The term “subject to” would mean the burdened land is _______________

1) appurtenant.
2) encumbered.
3) a liability.
4) restricted.

A

encumbered.

26
Q

A recorded restriction is BEST described as _______________

1) a condition.
2) a lien.
3) a limitation on use.
4) a lien and an encumbrance.

A

a limitation on use.

27
Q

One of the features of taking title to real property as Tenants In Common is that _______________

1) ownership interests must be equal.
2) a co-owner cannot will his or her interest in a property.
3) each co-owner’s interest may be conveyed separately.
4) the last survivor owns the property in severalty.

A

each co-owner’s interest may be conveyed separately.

28
Q

Which of the following governmental rights permits the state to take ownership to land left by a person with no devisees or heirs?

1) Estoppel
2) Escheat
3) Police Power
4) Eminent domain

A

Escheat

29
Q

A lot and block legal description _______________

1) is used in areas of low population.
2) never refers to a recorded plat.
3) is the easiest and simplest method to describe real property.
4) uses street addresses.

A

is the easiest and simplest method to describe real property.

30
Q

Which of the following statements would NOT be a material fact to be disclosed by a seller’s agent?

1) Disclosure of a roof that leaks
2) The buyer’s ability to make a higher offer
3) Discussion of the advantages of an offer to purchase
4) Knowledge of active infestation of termites

A

The buyer’s ability to make a higher offer

31
Q

Ward owned two acres of land. He sold one acre to Taylor and reserved an easement appurtenant for ingress and egress over Taylor’s acre in order for Ward to reach public land. Taylor’s land _______________

1) is called the dominate tenement.
2) is subject to an easement in gross.
3) is called the servient tenement.
4) can be cleared of the easement when Ward sells the adjacent acre to a third party.

A

is called the servient tenement.

32
Q

Tax foreclosure of real property can occur _______________

1) three years after the lien date.
2) three years after the earliest delinquency.
3) four years after the earliest delinquency.
4) four years after the lien date.

A

three years after the earliest delinquency.

33
Q

Deed restrictions are a means whereby _______________

1) small towns and cities can control new construction
2) local zoning laws are enforced.
3) comprehensive planning is enforced
4) a seller can limit or control the buyer’s use.

A

a seller can limit or control the buyer’s use.

34
Q

Involuntary alienation of an estate means _______________

1) an estate cannot be transferred without the consent of the owner.
2) aliens are forbidden ownership in fee simple.
3) ownership of estates may be transferred by operation of law.
4) no one can be compelled to relinquish title without his consent.

A

ownership of estates may be transferred by operation of law.

35
Q

A zoning ordinance is a(n) _______________

1) easement.
2) lien.
3) restriction
4) condition

A

restriction

36
Q

Legal seizure of property to be held for payment of money pending the outcome of a suit to enforce collections is _______________

1) a Lis Pendens.
2) a Writ of Execution.
3) an Attachment.
4) an Abstract of Judgment.

A

an Attachment.

37
Q

Telephone, electricity and gas line easements are examples of _______________

1) commercial easements in gross.
2) easements by prescriptions.
3) dominant tenements.
4) servient tenements.

A

an estate of inheritance.

38
Q

Which of the following contains the smallest parcel of land?

1) 9 square miles
2) 1/2 of a township
3) 36 sections
4) 640 acres

A

640 acres

39
Q

The history of title to a parcel of real estate, including deeds, wills, mortgages and all items affecting, encumbering or transferring the title is called _______________

1) opinion of title.
2) guaranty policy.
3) affidavit of title.
4) abstract of title

A

abstract of title

40
Q

Deed restrictions can be used to _______________
I. limit the number and types of pets in the neighborhood.
II. require any television antennae to be located in the attic.
III. control the size and style of home built in the area.
IV. limit the purchase of homes to Protestant families only.

1) III only
2) IV only
3) II and III only
4) I, II and III

A

I, II and III

41
Q

Which if the following is NOT necessary to the validity of a deed?

1) Signing
2) Accurate description of the property
3) Delivery
4) Recording

A

Recording

42
Q

The primary justification for a zoning ordinance is to _______________

1) control the quality of building construction.
2) prevent an over-supply of specified types of business enterprises within a zoned area. 3) maintain conformity in the physical requirements of a building in a zoned area. 4) protect the public health, safety, and general welfare of an area.

A

protect the public health, safety, and general welfare of an area.

43
Q

A private use restriction which contains a reverter clause as an enforcement device is called a _______________

1) general plan restriction.
2) condition.
3) covenant for benefit of land.
4) personal restriction.

A

condition.

44
Q

An easement created when there is no access to a street is _______________

1) an easement by prescription.
2) an easement in gross.
3) an easement by necessity.
4) a negative easement.

A

an easement by necessity.

45
Q

A man and a woman own their house as Tenants By The Entirety. Which of the following statements would NOT correctly describe the status of their ownership?

1) Either owner may convey a one-half interest in the house to a third party.
2) Each owner has the right of survivorship.
3) The owners must be husband and wife.
4) Title may be conveyed only by a deed signed by both parties.

A

Either owner may convey a one-half interest in the house to a third party.

46
Q

Sam holds a life estate in a house measured against his life. Sam’s life estate is _______________

1) an estate of inheritance.
2) limited in duration to the life estate owner’s life.
3) an example of a future interest.
4) a non-freehold estate.

A

limited in duration to the life estate owner’s life.

47
Q

An example of a non-conforming use is _______________
I. a large, new supermarket recently built in an area zoned for small retail shops. II. an old grocery store located in an area recently rezoned residential.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

II only

48
Q
In order to obtain an easement by prescription, the use of the property must be in a manner which is  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 
I. open and notorious. 
II. hostile to the owner. 
III.continuous to the owner. 
1) I and II only 
2) I and III only 
3) II and III only 
4) I, II and III
A

I, II and III

49
Q

A family buys a 40-year-old house, and the broker tells them the garage was built 30 years ago. Because the buildings are located on a “postage-stamp-sized” lot the family hires a surveyor who tells them the garage extends six inches onto the neighbors’ lot. Because the husband has taken a real estate course,
he realizesthat this might be a prescriptive easement and through court proceedings, it could become _______________
1) a dominant easement.
2) a license.
3) a servient easement.
4) adverse possession.

A

adverse possession.

50
Q

Zoning is done by authority of _______________

1) the law of eminent domain.
2) the mayor.
3) petition.
4) police power.

A

police power.

51
Q

A homeowner employed a contractor to build a swimming pool on his property. Upon completion of the swimming pool, the contractor filed a lien to receive payment of the contract fee. Such filing could be considered any of the following EXCEPT?

1) A specific lien
2) A general lien
3) A mechanic’s lien
4) An encumbrance

A

A general lien

52
Q

Real Property taxes that are not paid are _______________

1) specific, involuntary liens.
2) specific, voluntary liens.
3) general, voluntary liens.
4) general, involuntary liens.

A

specific, involuntary liens.

53
Q

Statewide land use planning in Oregon is administered by _______________

1) the Land Conservation and Development Commission (LCDC).
2) the League of Oregon Cities (LOC).
3) local governments.
4) the Department of Environmental Quality (DEQ).

A

the Land Conservation and Development Commission (LCDC).

54
Q

Alienation in real estate could result from which of the following?

1) Adverse possession
2) Delivery of a deed
3) Eminent domain proceedings
4) Any of these

A

Any of these

55
Q

The property taxes of an Oregon homeowner age 62 or older who lives on the property may be _______________________ 1) reduced by 25% if the owner or spouse sustains physical disability rated in excess of 50%. 2) reduced by 50% if the owner or spouse is blind.

3) deferred until the owner dies, or sells the property.
4) canceled altogether if the breadwinner is blind or has sustained physical disability rated in excess of 50%.

A

deferred until the owner dies, or sells the property.

56
Q

Chain of title is _______________

1) a certificate of title issued under the Torrens system.
2) a list of all previous owners.
3) the heir named in a will to inherit property after a death of a testator.
4) a listing of all recorded instruments affecting the subject property.

A

a listing of all recorded instruments affecting the subject property.

57
Q

The right of ownership, including the right to use, possess, enjoy and dispose of a thing in any legal wayand to exclude everyone else without rights from interfering is called _______________

1) corporeal ownership.
2) incorporeal ownership.
3) bundle of rights.
4) survivorship.

A

bundle of rights.

58
Q

What is the name of the document of record that is used to show that a court suit is pending?

1) Attachment
2) Construction lien
3) Lis Pendens (Notice of Pendency)
4) Judgment

A

Lis Pendens (Notice of Pendency)

59
Q

All of the following are tests to determine whether personal property becomes a fixture EXCEPT?

1) The initial cost of the item
2) The intent of the person placing the item
3) The manner of annexation
4) The nature of use or adaptation

A

The initial cost of the item

60
Q

The owner of a condominium and the lessee of an apartment have many things in common but their legal relationship with the property is different. With respect to their similarities, both parties would hold _______________

1) an estate of inheritance.
2) a less-than-free interest.
3) a fee interest.
4) an estate in real property.

A

an estate in real property.