Property Disclosures

Question 1

CERCLA (Comprehensive Environmental Response, Compensation and Liability Act)

Answer 1

deals with prohibiting of dumping hazardous waste on property, such as a buried oil tank

Question 2

A property did not abut a waterway. The owner established a beneficiary use through the state under prior appropriation. How could the owner gain access to the water?
A » Apply for an easement by necessity
B » Apply for an easement by prescription
C » Put an underground pipe across the neighbor’s property without permission
D » Go to the neighbor and negotiate an easement

Answer 2

D » Go to the neighbor and negotiate an easement

Question 3

With regards to water rights and prior appropriation concepts, which of the following terms might be applicable?
   A  »  Survey
   B  »  Estoppel certificate
   C  »  Covenant
   D  »  Avulsion

Answer 3

(D) An avulsion is a sudden change in a river or stream where the property boundaries do not change. (A) A survey measures property boundaries and identifies any encroachments. (B) An estoppel certificate states the current loan balance. (C) A covenant or deed restriction is placed by private parties in a deed to control the use of the property, e.g., certain types of fences.

Question 4

Water rights are generally covered under federal guidelines. Some states cover water rights under riparian and littoral laws. In the absence of specific guidelines, water rights are generally governed by:
   A  »  eminent domain
   B  »  prior appropriation
   C  »  express reservation
   D  »  police power

Answer 4

(B) Prior appropriation is a water law that says first in time is first in rights; the owner has an exclusive right to divert water for specific uses. (A) Eminent domain is the right of the government to take property for public good. (C) Express reservation is not a valid term. (D) Police power deals with keeping things in order, such as zoning.