Property Ownership And Land Use Controls

Question 0

Legally and technically, property is defined as:
A) that which Is capable of involuntary transfer
B) things with buyers or sellers
C) rights or interests which a person has in a thing owned
D) only personal property

Answer 0

C) Rights or interests which a person has in a thing owned

Question 1

The owner of land owns riparian rights to water on, under, or adjacent to the land in which of the following?
A) oceans and bays
B) rivers or streams
C) underground caves with water
D) all of the above

Answer 1

B) rivers and streams

Question 2

When the owner acquires land which includes riparian rights, such riparian rights:
A) give the owner absolute ownership of the water
B) must be expressed in the trust deed
C) may be determined accurately from from and examination of public records at the county recorders office
D) concern the use of moving water, such as a stream or brook within the watershed

Answer 2

D) concern the use of moving water, such as a stream or brook within the watershed

Question 3

Legally and technically, property is defined as:
(A) that which is capable of involuntarily transfer;
(B) things with buyers or sellers;
(C) rights or interests which a person has in a thing owed;
(D) only personal property.

Answer 3

C) rights or interests which a person has in a thing owned

Question 4

The owner of land owns riparian rights to water on, under, or adjacent to the land in which of the following?
(A) oceans and bays
(B) rivers or streams
(C) underground caves with water
(D) all of the above

Answer 4

(B) rivers or streams

Question 5

When an owner acquires land which includes riparian rights, such riparian rights:
(A) give the owner absolute ownership of the water
(B) must be expressed in the trust deed
(C)may be determined accurately from an examination of public records at the County Record’s Office
(D) concern the use of moving water, such as a stream or brook within the watershed

Answer 5

(D) concern the use of moving water, such as a stream or brook within the watershed

Question 6

What is usually considered real property?
(A) crops which have been harvested 
(B) minerals which have been mined
(C) stock in a mutual water company
(D) growing crops which have been sold

Answer 6

(C) stock in a mutual water company

Question 7

Which of the following would be considered real property?
(A) a built-in refrigerator in a mobile home not attached to a permanent foundation
(B) trade fixtures installed by a tenant but which are removable without damage
(C) a mature grape crop which is under a sales contract and to be harvested later
(D) a load bearing wall in a single-family house

Answer 7

(D) a load bearing wall in a single-family house

Question 8

When the owner of a parcel of land cuts down a tree, it becomes personal property by the process of: 
(A) annexation
(B) mobility
(C) severance
(D) fixation

Answer 8

(C) severance

Question 9

Which of the following is true concerning a lis pendens?
A) a lis pendens can only be removed by a court order
B) a lis pendens can be recorded against real property no matter what type of lawsuit is pending
C) a lis pendens may affect title to real property based on the results of the lawsuit
D) none if the above

Answer 9

C) a lis pendens may affect title to real property based on the results of the lawsuit

Question 10

Which of the following would be classified as a lien?
A) a notice to pay or quit
B) an attachment 
C) a recorded declaration of homestead
D) all of the above

Answer 10

B) an attachment

Question 11

All of the following impact the physical use real property, EXCEPT:
A) an increase in the front yard setback requirement
B) CC&Rs
C) deed restrictions
D) specific liens

Answer 11

D) specific liens

Question 12

Gregory, who does not own any land in the area, has an easement to cross land owned by another person. This easement can be described as:
A) an appurtenant easement
B) an easement in gross
C) a non-occupant easement
D) a license

Answer 12

B) an easement in gross

Question 13

All of the following terminate easements, EXCEPT:
A) Destruction of the servient tenement
B) merger of the dominant and servient tenement
C) non-use for five years of an easement created by express grant
D) express release by the owner of the dominant tenement

Answer 13

C) non-use for five years of an easement created by express grant

Question 14

Upon moving into the home they had recently purchased, mr. and mrs. katz discovered that their neighbor had built a wall which encroached onto their property by three feet. when they purchased the home, they received a standard coverage title insurance policy. if a friendly settlement cannot be negotiated, who will mr and mrs katz sue?
A) the title company
B) the previous owner in the chain of title
C) the neighbor, because the encroachment is a trespass
D) the neighbor, if the encroachment has been in place less than five years

Answer 14

C) the neighbor, because the encroachment is a trespas

Question 15

an occupant violated the CC&Rs of the homeowners association. the remedy for breach of a condition is:
A) less severe than the violation of a covenant
B) more severe than the violation of a covenant
C) the same as the breach of a covenant
D) not related to the CC&Rs

Answer 15

B) More severe than the violation of a covenant

Question 16

Mr. Hayward has been burning leaves on his front lawn in violation of the CC&Rs of his subdivision. his neighbors have filed a lawsuit and have received a court order, ordering Mr. Hayward to stop burning the leaves. that court order would be called: 
A) a lis pendens
B) an attachment lien
C) an injunction
D) a writ of habeas corpus

Answer 16

C) an injunction

Question 17

An apartment building which was built prior to the enactment of a zoning ordinance prohibiting apartment units within the area where a building is situated is called:
A) a variance
B) a violation of the applicable general plan
C) a nonconforming use
D) in violation of the zoning law

Answer 17

C) a nonconforming use

Question 18

The city planning commission recently changed the zoning for a neighborhood from C-1 to R-1. this change in zoning can best be described as:
A) spot zoning
B) upzoning
C) downzoning
D)depressive zoning

Answer 18

C) Downzoning

Question 19

The zoning for a subdivision said that each lot must contain a minimum of 10,000 square feet. The deed restrictions said that each lot must contain a minimum of 15,000 square feet. which would control?
A) the most recent restriction
B) deed restrictions
C) zoning
D) whichever restriction was created first.

Answer 19

B) deed restrictions

Question 20

Jack owns a life estate based upon his own life. He leases the property to a tenant on a five year lease. Jack, the life tenant, dies two years later. what happens to the lease?
A) the lease continues in effect for the full five years
B) the lease terminates
C) the lease continues in effect, but the tenant must renegotiate the monthly rent with the holder of the estate in reversion
D) the lease was always null and void, because a life tenant may not lease the life estate.

Answer 20

B) the lease terminates

Question 21

All of the following are less-than-freehold estates, EXCEPT:
A) a leasehold estate
B) an estate for years
C) a life estate
D) all of the above are less-than-freehold estates

Answer 21

C) a life estate

Question 22

Real property includes all of the following, EXCEPT:
A) vegetation
B) leasehold estates
C) improvements
D) minerals

Answer 22

B) leasehold estates

Question 23

When rent is based on a portion of the gross receipts of a business, the lease is called
A) a gross lease
B) a net lease
C) a percentage lease
D) a fixed lease

Answer 23

C) a percentage lease

Question 24

In a lease whose duration is greater than one year, what is not required? A) writing B) signatures from both the lessor and the lessee C) termination date D) amount of rent and the method of payment

Answer 24

B) signatures from both the lessor and the lessee

Question 25

a sublease is: A) the same as an assignment of lease B) a transfer of the entire leasehold to the sublessee C) a transfer of less than the entire leasehold to the sublessee D) limited to a term of ten years

Answer 25

C) A transfer of less than the entire leasehold to the sublessee

Question 26

``` When a leaseholder (tenant) signs a valid and enforceable contract with an assignee, the assignee who acquires the leasehold becomes a: A) grantor B) tenant C) sublessee D) landlord ```

Answer 26

B) tenant

Question 27

the hot water heater in an apartment breaks. the tenant has a $1250 month to month rental agreement. the tenant may: A) deduct up to $312.50 to pay for the repair B) deduct up to $625 to pay for the repair C) deduct up to $1250 to pay for the repair D) deduct up to $3750 to pay for the repair

Answer 27

C) deduct up to 1250 to pay for the repair

Question 28

the amount of the security deposit a landlord may collect from a prospective tenant is dependent upon: A) competition from other apartments in the area B) the term of the lease and whether the apartment is furnished or unfurnished C) the number of children occupying the unit D) the total number of tenants who plan to occupy the remises

Answer 28

B) the term of the lease and whether the apartment is furnished or unfurnished

Question 29

the covenant of quiet enjoyment most directly relates to: A) nuisances maintained on adjoining property B) possession of real property C) title to real property D) all of the above

Answer 29

B) possession of real property

Question 30

All of the following are included in the laws governing the government power of eminent domain, EXCEPT: A) fair compensation at fair market value to the owner B) condemnation action in court C) the right of the government to take property from the owner for a legitimate public use D) the exercise of zoning authority

Answer 30

D) the exercise of zoning authority

Question 31

``` a large airport changed the flight pattern, extending the runways and creating excessive noise which made Mrs Chang's home unusable. the legal proceeding by which Mrs Chang may force the authorities to purchase her property is called A) inverse condemnation B) eminent domain C) police power D) quite title action ```

Answer 31

A) inverse condemnation

Question 32

The legitimacy of zoning laws rests upon: A) the fact that planning boards are local, and close to the neighborhood they regulate b) the government's police power to pass laws for the order, safety, health, morals, and general welfare of the public C) the ease of enforcing them D) the fact that their enforcement does not interfere with interstate commerce

Answer 32

B) the government's police power to pass laws for the order, safety, health. morals, and general welfare of the public

Question 33

For more than three generations the Corderro family has owned the right to operate a gold mine on land which belonged to a neighbor. one day, the neighbor sold the land and the new owner immediately fenced in the property and padlocked the gate to the entrance. What should the Corderros do? A) they should get a quitclaim deed from the new owner B) they should file a quiet title action in court C) they should give a quitclaim deed to the new owner D) they should do nothing.

Answer 33

B) they should file a quiet title action in court

Question 34

in the sale of real property which is a part of the estate of a deceased person, which of the following normally determines the mount of commission paid to the real estate broker? A) the local multiple listing service B) the administrator or executor of the estate C) a court order D) the California department of real estate

Answer 34

C) a court order

Question 35

``` what is the primary tool used by planning commissions to implement a general plan? A) zoning B) adverse possession C) eminent domain D) master plan ```

Answer 35

A) zoning

Question 36

``` after several lots have been sold in a subdivision, the real estate commissioner was informed of a misrepresentations being made by the developer. or commissioner may stop the sale of more lots by: A) revoking the final public report B) issuing a writ of prohibition C) filing an accusation in court D) issuing a desist and refrain order ```

Answer 36

D) issuing a desist and refrain order

Question 37

"In-Fill" is a kind of real estate development which consists of A) older, lower density housing, which is targeted for newer, higher density housing B) vacant parcels or dilapidated parcels in an urban area targeted for new construction C) underdeveloped suburban fringe property targeted for small scale commercial development D) industrial toxic waste area scheduled to be cleaned up for recreational use

Answer 37

B) Vacant parcels or dilapidated parcels in an urban area targeted for new construction

Question 38

which of the following best identifies the three phases normally involved in building a single-family dwelling? A) construction proposal, map approval, and buyer qualification B) financing, building and resale C) land acquisition, development, and construction D) syndication, subdivision, and relocation.

Answer 38

C) land acquisition, development, and construction

Question 39

``` there are multiple building codes regulating construction. which code usually sets the highest construction standards? A) local building codes B) state building codes C) Federal building codes D) uniform building codes ```

Answer 39

A) Local building codes

Question 40

A "negative declaration" in a discussion of environmental impact means that the proposed subdivision A) has been disapproved by the real estate commissioner for the issuance of a public report, and the developer may not proceed with the construction B) will have a negative impact on the environment and create an environmental hazard C) will have an insignificant effect upon the environment and the developer will not have to pay for a full environmental impact report D) has been disapproved because of other environmental hazards in the neighborhood.

Answer 40

c) will have an insignificant effect upon the environment and the developer will not have to pay for a full environmental impact report

Question 41

A subcontractor was hired to install hardwood floors on a home under construction. If the subcontractor had to file a mechanics lien to get paid, the mechanics lien would take priority when?

Answer 41

The date the entire project began

Question 42

the law which gives cities and counties control over the physical design of subdivisions is:

Answer 42

subdivision map act