Law Take Home Flashcards

1
Q

When the county board adversely acquires land for a freeway, it is exercising the power of __________

1) eminent domain.
2) zoning.
3) environmental protection laws.
4) escheat.

A

eminent domain

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2
Q

With certain exceptions, a property tax lien has priority over other interests in real property __________

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

A

regardless of when they were recorded.

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3
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 called __________

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

A

condemnation.

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4
Q

What does an owner receive when he purchases a condominium?

1) Title in an apartment and tenancy-in-common of undeveloped land
2) Tenancy-in-common in the building and common interest in other areas
3) Title in airspace and common interest in common 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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5
Q

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

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

A

avulsion.

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6
Q

Littoral property is located __________

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

A

on a seashore.

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7
Q

The permissive use of a road across real property would cause a prescriptive easement in __________

1) five years.
2) 10 years if the user pays the taxes.
3) 20 years.
4) None of these

A

None of these

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8
Q

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

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

A

lots.

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9
Q

All of the following may be sources of groundwater contamination EXCEPT?

1) Cement
2) Underground storage tanks
3) Waste-disposal sites
4) Pesticides used on farms

A

Cement

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10
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) establish wildlife sanctuaries.
3) evaluate local comprehensive plans to ensure compliance with statewide goals and guidelines.
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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11
Q

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

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

A

encumbered

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12
Q

One of the features of taking title to real property as Tenants in Common is that __________

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

A

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

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13
Q

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

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

A

Escheat

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14
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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15
Q

A lot and block legal description __________

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

A

is the easiest and simplest method to describe real property.

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16
Q

Which of the following deeds would most commonly be used to remove a cloud from a title?

1) Bargain and sale deed
2) Special warranty deed
3) General warranty deed
4) Quitclaim deed

A

Quitclaim deed

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17
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) no one can be compelled to relinquish title without his consent.
4) ownership of estates may be transferred by operation of law.

A

ownership of estates may be transferred by operation of law

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18
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.

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19
Q

Telephone, electricity and gas line easements are examples of __________

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

A

commercial easements in gross.

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20
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

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21
Q

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

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

A

Recording

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22
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.

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23
Q
For a buyer to be certain the property he is purchasing has no encroachments, he should obtain a   \_\_\_\_\_\_\_\_\_\_ 
I. standard title insurance policy. 
II. survey. 
1) I only 
2) II only 
3) Both I and II 
4) Neither I nor II
A

II only

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24
Q

Zoning is done by authority of __________

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

A

police power.

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25
Q
Trade fixtures are \_\_\_\_\_\_\_\_\_\_ 
I. a permanent part of the building. 
II. owned by the owner of the real estate. 
1) I only 
2) II only 
3) Both and II 
4) Neither I nor II
A

Neither I nor II

26
Q

Real property taxes that are not paid are __________

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

A

specific, involuntary liens

27
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.

28
Q

The right of ownership, including the right to use, possess, enjoy and dispose of a thing in any legal way and 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.

29
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)

30
Q

Which of the following statements about water rights are true?
I. Water rights pass with title.
II. Failure to continue the beneficial use of water may result in loss of the right to use the water right.
1) I only
2) II only
3) Both I and II
4) Neither I nor II

A

Both I and II

31
Q

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

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

A

The initial cost of the item

32
Q

Possession under a claim of adverse possession must be __________

1) continuous.
2) hostile.
3) open and notorious.
4) All of these

A

All of these

33
Q

Instruments are recorded in order to give notice to the world of an interest; this type of notice is __________

1) constructive.
2) actual.
3) hearsay.
4) implied.

A

constructive.

34
Q

The property taxes of an Oregon homeowner age 62 or older who lives on the property may be __________

1) deferred until the owner dies, or sells the property.
2) reduced by 25% if the owner or spouse sustains physical disability rated in excess of 50%.
3) reduced by 50% if the owner or spouse is blind.
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

35
Q

The right of an owner of real property to use water from an adjacent stream is known as __________

1) a riparian right.
2) a surface right.
3) a mineral right.
4) an emblements right.

A

a riparian right.

36
Q

To be effective, recording of documents affecting title to real estate is performed __________

1) in the county where the property is located.
2) at the state capitol building.
3) in the county of residence of the seller.
4) in the county of residence of the purchaser.

A

in the county where the property is located.

37
Q

Unless there exists a deed restriction to the contrary, the holder of a life estate may do all of the following to his holding EXCEPT?

1) Rent it
2) Devise it
3) Sell it
4) Mortgage it

A

Devise it

38
Q

As part of urban planning, areas are planned to provide separation between residential areas and areas zoned industrial. What are these areas called?

1) Protective zoning
2) Spot zones
3) Buffer zones
4) Setback areas

A

Buffer zones

39
Q

A license usually differs from an easement in that a license __________

1) may be assigned.
2) can be revoked.
3) is a permanent right.
4) must be in writing.

A

be revoked.

40
Q

Title insurance protects the purchaser by providing that __________

1) there will be protection against adverse claims to the ownership of the property except those exclusions listed in the policy.
2) the mortgage balance will be paid off in case of default.
3) the mortgage balance will be paid off in case of death or disability.
4) the property will be restored in the event of any damage covered by the policy.

A

there will be protection against adverse claims to the ownership of the property except those exclusions listed in the policy.

41
Q

A taxpayer who appeals her valuation to 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.

42
Q

Who normally puts deed restrictions on a property in a subdivision?

1) The purchaser
2) The Real Estate Agency
3) The local planning board
4) The developer

A

The developer

43
Q

The Oregon Homestead Exemption provides a homeowner __________

1) a life estate for a surviving spouse.
2) with some protection against the forced sale of his personal residence.
3) the right to the use of his property as a home free and clear of restrictions from planning and zoning.
4) a guarantee that his personal residence cannot be sold to satisfy any involuntary debt, other than tax liens or construction liens.

A

with some protection against the forced sale of his personal residence.

44
Q

A pre-existing condition which is still permitted under a “grandfather clause” in a zoning ordinance would be considered a __________

1) nonconforming use.
2) variance.
3) spot zone.
4) conditional use.

A

nonconforming use.

45
Q

The most complete form of ownership our law recognizes today is the __________

1) life estate.
2) fee simple absolute.
3) fee simple determinable.
4) adverse possession.

A

fee simple absolute

46
Q

Which of the following would be a voluntary lien?

1) Real property tax lien
2) Mortgage
3) Mechanic’s or contractor’s lien
4) All of these

A

Mortgage

47
Q

Which of the following legal descriptions typically uses a principal meridian?

1) Metes and bounds
2) Government survey
3) Lot and block
4) All of these

A

Government survey

48
Q

All of the following requirements generally are covered by building codes EXCEPT? 1) Fire-prevention standards

2) Minimum number of square feet of land area per apartment unit
3) Sanitary equipment
4) Electrical wiring

A

Minimum number of square feet of land area per apartment unit

49
Q

An apartment in which the tenant buys stock in the corporation that owns the building rather than simply renting his apartment is called a __________

1) real estate trust.
2) condominium.
3) cooperative apartment.
4) None of these

A

cooperative apartment

50
Q

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

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

A

condition.

51
Q

A right-of-way easement, such as those acquired by public utilities, are usually called __________

1) easements of necessity.
2) easements by prescription.
3) implied easements.
4) easements in gross.

A

easements in gross.

52
Q

The right of “eminent domain” refers to __________

1) the right of every American citizen to own property.
2) the government’s right to acquire, or authorize others to acquire, title to property for public use.
3) an organization’s right to condemn property pending an improvement that is for the good of the community.
4) an institution or individual acquiring land by grant from the government.

A

the government’s right to acquire, or authorize others to acquire, title to property for public use

53
Q

A zoning ordinance is a(n) __________

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

A

restriction.

54
Q

A property is assessed at $300,000, the taxing body uses a 52% assessment ratio (rollback percentage), and the millage rate is 40. What is the monthly property tax?

1) $1,200
2) $520
3) $1,560
4) $6,240

A

$520

55
Q

A construction lien is best described as a(n) __________

1) general lien.
2) attachment.
3) open encumbrance.
4) specific lien.

A

specific lien

56
Q

All of the following are commonly used methods of describing the location of land EXCEPT?

1) Metes and Bounds
2) The Allodial System
3) The Rectangular Survey System
4) The Recorded Plat (Lot and Block System)

A

The Allodial System

57
Q

A potential homeowner should have a certified inspector check around toilets, showers, sinks, and basement walls to detect what kind of problems?

1) Radon
2) Carpenter ants
3) Methane gas
4) Mold

A

Mold

58
Q

An owner had a grease fire and it spread to the ceiling. The kitchen was remodeled and the charred ceiling joists were sealed with paint. When the seller sells the property, the hidden charred ceiling joists should be disclosed as __________

1) nothing because they were repaired.
2) discoverable defects.
3) latent defects.
4) caveat emptor.

A

latent defects.

59
Q

Which of the following may be a lien against real property?

1) A condition
2) A judgment
3) An easement
4) A covenant

A

A judgment

60
Q

An ALTA Extended Title Insurance policy would NOT cover __________

1) unrecorded deeds.
2) governments regulating the use of property through zoning ordinances.
3) unrecorded homestead rights.
4) unrecorded easements.

A

governments regulating the use of property through zoning ordinances.