QUIZ 1-12

Question 1

Under , legal disputes were settled on a case-by-case basis before a judge.
a. the English common law c. the Mexican civil law
b. the Spanish legal system d. None of the above.

Answer 1

A

Question 2

Under , legal disputes were settled by pre-established statutes.
a. the English common law c. the Mexican judiciary
b. the Spanish civil law d. None of the above.

Answer 2

B

Question 3

The federal and state governments are divided into these branches:
a. executive, statutory and legislative.
b. judicial, constitutional and executive.
c. legislative, executive and judicial.
d. constitutional, statutory and regulatory.

Answer 3

C

Question 4

is the power of the state or local government to protect the public well¬being.
a. Eminent domain c. The power to tax
b. Police power d. None of the above.

Answer 4

B

Question 5

is the right of the government to take private property for public use.
a. Judicial authority c. The power to tax
b. Police power d. Eminent domain

Answer 5

D

Question 6

is the power of the state or local government to generate revenue and fund state and local governmental functions under their police power.
a. The power to tax c. The right to vote
b. The commerce clause d. The Spanish common law

Answer 6

A

Question 7

Covenants, conditions and restrictions (CC&Rs) which limit subdivision sales to
nonminorities violate:
a. federal commerce clauses. c. rent control ordinances.
b. equal protection laws. d. All of the above.

Answer 7

B

Question 8

California has a three-tiered court system consisting of:
a. trial courts, superior courts and appellate courts.
b. superior courts, night courts and trial courts.
c. supra courts, the Supreme Court and night courts.
d. trial courts, appellate courts and the Supreme Court.

Answer 8

D

Question 9

determines the proper physical location of the court which will hear a case.
a. Jurisdiction c. Venue
b. Appellate d. Police power

Answer 9

C

Question 10

A clause determines in advance which state’s law applies in a dispute.
a. due process c. diversity of citizenship
b. choice-of-law d. small claims

Answer 10

B

Question 11

The right to possess and use property includes the right to:
a. occupy the property. c. lease the property.
b. sell the property. d. All of the above.

Answer 11

D

Question 12

Real estate is characterized as:
a. movable. c. personalty.
b. immovable. d. None of the above.

Answer 12

B

Question 13

The first component of real estate is land, which includes:
a. soil. c. reasonable airspace above the earth.
b. rocks. d. All of the above.

Answer 13

D

Question 14

A fixture is:
a. personal property which has become permanently attached to real estate.
b. real estate which has been condemned.
c. personal property which is no longer associated with real estate.
d. real estate which has been abandoned.

Answer 14

A

Question 15

The ownership interests in real estate include:
a. fee estates. c. leasehold estates.
b. life estates. d. All of the above.

Answer 15

D

Question 16

A person who holds a interest in real estate has the right to possess and
control their property indefinitely.
a. leasehold c. fee estate
b. life estate d. profit a prendre

Answer 16

C

Question 17

A(n) is an interest in a parcel of real estate lasting the lifetime of a named
individual, called a controlling life.
a. periodic tenancy c. controlled interest
b. drilling right d. life estate

Answer 17

D

Question 18

A leasehold estate conveys to a tenant the right to a fee owner’s real estate.
a. possess c. destroy
b. sell d. All of the above.

Answer 18

A

Question 19

In a , a landlord and tenant agree to successive rental periods of the same
length, such as in a month-to-month tenancy.
a. periodic tenancy c. tenancy-at-sufferance
b. tenancy-at-will d. life tenancy.

Answer 19

A

Question 20

A(n) grants its holder a nonexclusive personal privilege to use property.
a. easement c. covenant
b. license d. partition

Answer 20

B

Question 21

are improvements made to leased property to meet the needs of the occupying tenant.
a. Mechanic’s liens c. Lease agreements
b. Tenant improvements d. Encroachments

Answer 21

B

Question 22

An improvement which a tenant is required to make in exchange for a reduction in
rent is an example of a:
a. mandatory encroachment. c. permissive improvement.
b. mandatory improvement. d. permissive fixture. ____

Answer 22

B

Question 23

An improvement which is authorized but not required by the landlord is called a:
a. mandatory encroachment. c. permissive improvement.
b. mandatory improvement. d. permissive fixture.

Answer 23

C

Question 24

On expiration of a lease, the passage of real estate fixtures from the tenant to landlord
is a conveyance called:
a. forfeiture. c. sacrifice.
b. tariff. d. reversion.

Answer 24

D

Question 25

are improvements unique to the tenant’s business which may be removed by the tenant upon expiration of a lease or rental agreement.
a. Trade fixtures c. Airspace
b. Fugacious matter d. Walls

Answer 25

A

Question 26

A sets the terms of a fixed-term tenancy.
a. rental agreement c. lease agreement
b. guest occupancy agreement d. listing agreement

Answer 26

C

Question 27

A rental agreement sets the terms of a:
a. periodic tenancy c. tenancy at sufferance
b. fixed-term tenancy d. tenancy at will

Answer 27

A

Question 28

On expiration of a lease, a tenant who remains in possession of a property without an agreement or acceptance of rent by the landlord for the extended occupancy becomes a(n):
a. holdover tenant. c. transient occupant.
b. life tenant. d. fee owner.

Answer 28

A

Question 29

A tenancy relationship may be changed by:
a. notice. c. Both a. and b.
b. expiration of a lease. d. None of the above.

Answer 29

C

Question 30

An occupant of a vacation property, motel or hotel for less than 30 days is classified
as a:
a. lien holder. c. residential property owner.
b. transient occupant. d. commercial property owner.

Answer 30

B

Question 31

An instrument conveying a possessory interest in real estate which allows the tenant
to exclusively occupy the premises in exchange for rent is called a:
a. license. c. servient tenement.
b. lease. d. grant.

Answer 31

B

Question 32

When an individual makes substantial expenditures to improve their use of another person’s property in reliance on the oral consent of the property owner, the license becomes:
a. irrevocable. c. invalid.
b. revocable. d. unenforceable.

Answer 32

A

Question 33

refer to a landowner’s incidental property right to withdraw water from
an adjacent river for beneficial use on their riparian land.
a. Appropriation rights c. Riparian rights
b. Prescriptive rights d. Overlying rights

Answer 33

C

Question 34

The right to use riparian water is a(n) and incidental right attached to the
ownership of real estate.
a. appurtenant c. percolatory
b. unreasonable d. correlative

Answer 34

A

Question 35

Similar to appropriation rights, prescriptive rights may be lost by abandonment after
years.
a. two c. four
b. three d. five

Answer 35

D

Question 36

An agreed boundary which remains in place for more than years is
binding on subsequent owners even if the recorded legal description is different.
a. two c. four
b. three d. five

Answer 36

D

Question 37

Written or oral agreements on a boundary’s location are called since they
are not implied.
a. implied agreements c. uncertain agreements
b. express agreements d. probable agreements

Answer 37

B

Question 38

The agreed-boundary doctrine can be used to:
a. convey property.
b. establish an agreed-to boundary when the true boundary line is uncertain.
c. steal property.
d. All of the above.

Answer 38

B

Question 39

An owner who plans to construct, replace or maintain a boundary fence needs to
provide a written notice to the affected adjoining property owners.
a. 3-day c. 30-day
b. 1-year d. 24-hour

Answer 39

C

Question 40

Shrubbery or trees whose trunks stand partly on the land of two adjacent property
owners are called:
a. line trees. c. appurtenances.
b. common boundary trees. d. Both a. and b.

Answer 40

D

Question 41

An improvement on real estate which extends onto property belonging to another
person without that person’s consent is a(n):
a. trespass. c. nuisance.
b. encroachment. d. lease.

Answer 41

B

Question 42

Once an encroachment has been determined, the remedies available to the owner
include:
a. self-help by forcefully removing the encroachment.
b. an injunction ordering the removal of the encroachment.
c. calling the police to have the encroachment removed.
d. None of the above.

Answer 42

B

Question 43

When the continuance of an encroachment on an owner’s property is permitted, the
encroaching neighbor is granted to maintain the improvement on the owner’s property.
a. a sublease c. an injunction
b. an equitable easement d. rent

Answer 43

B

Question 44

An owner seeking to terminate an encroachment or recover their money losses is
generally subject to a statute of limitations running from the commencement of the encroachment.
a. two-year c. five-year
b. three-year d. ten-year ____

Answer 44

B

Question 45

A(n) ______ is a wrongful and unauthorized entry onto another’s real estate.
a. trespass c. easement
b. statute of limitations d. prescription

Answer 45

A

Question 46

Examples of trespass resulting from indirect entry include:
a. depositing dirt or debris on another’s property.
b. diverting a river or surface waters across another’s property.
c. leaving toxic waste on another’s property.
d. All of the above.

Answer 46

D

Question 47

A trespasser who does not leave when requested commits a:
a. federal offense. c. misdemeanor.
b. felony. d. nonpunishable offense.

Answer 47

C

Question 48

A nuisance is anything which:
a. is injurious to health. c. obstructs the use of property.
b. is offensive to the senses. d. All of the above.

Answer 48

D

Question 49

A is a nuisance which affects an entire segment of the population.
a. private nuisance c. public nuisance
b. continuing nuisance d. temporary nuisance

Answer 49

C

Question 50

A nuisance which may be reduced or terminated at any time at a reasonable expense
is a(n):
a. permissive nuisance. c. permanent nuisance.
b. equitable nuisance. d. continuing nuisance.

Answer 50

D

Question 51

A(n) is the right of one property owner to use the property of another.

a. easement c. unlawful detainer (UD)
b. reversion d. ejectment

Answer 51

A

Question 52

2. The property which benefits from an easement is referred to as the:
   a. servient tenement. c. dominant tenement.
   b. diminutive tenement. d. All of the above.

Answer 52

C

Question 53

3. A(n) belongs to an individual and is their personal right.
   a. easement in gross c. easement running with the land
   b. appurtenant easement d. encroachment

Answer 53

A

Question 54

4. easements restrict an owner’s ability to maintain or construct any improvements which interfere with a neighbor’s solar energy system.
   a. Light c. View
   b. Air d. Solar

Answer 54

D

Question 55

5. A(n) is a voluntary conveyance of the right to keep land in its natural or historic condition.
   a. solar easement c. costal easement
   b. conservation easement d. air easement

Answer 55

B

Question 56

6. A(n) has been created when an owner conveys a parcel of property but reserves the right to continue using a portion of the conveyed property.
   a. exception. c. trespass
   b. easement by reservation d. omission

Answer 56

B

Question 57

7. An easement created by conduct without any prior agreement between the owner and the easement user is called a(n):
   a. inverse condemnation. c. encroaching easement.
   b. reversive easement. d. implied easement.

Answer 57

D

Question 58

8. To establish an implied easement, the use by the prior owner needs to be:
   a. known or obvious to both the prior owner and the buyer.
   b. regularly used during the prior owner’s ownership.
   c. intended to be permanent.
   d. All of the above.

Answer 58

D

Question 59

9. If a property is landlocked, the owner of the property may be able to acquire a(n):
   a. easement by necessity. c. easement by grant.
   b. partial easement. d. prescriptive easement.

Answer 59

A

Question 60

10. A(n) is established by the adverse use of another’s property for a period
    over five years.
    a. easement by necessity c. easement by grant
    b. implied easement d. prescriptive easement

Answer 60

D

Question 61

1. Limitations on an easement’s use are set by:
   a. its historic use. c. Both a. and b.
   b. its established purpose. d. None of the above.

Answer 61

C

Question 62

2. A(n) is accomplished by the use of a quitclaim or grant deed in favor of the owner of the burdened property, signed by the easement user.
   a. release c. destruction
   b. merger d. foreclosure

Answer 62

A

Question 63

3. A occurs when the same person acquires fee title to both the benefitting and burdened properties.
   a. release c. destruction
   b. merger d. foreclosure

Answer 63

B

Question 64

4. An easement is terminated by __ if the easement holder places an excessive burden on the property encumbered by the easement.
   a. abandonment c. forfeiture
   b. merger d. prescription

Answer 64

C

Question 65

5. An easement is terminated by ____ when the burdened property owner permanently interferes with the neighbor’s use of the easement.
   a. forfeiture c. prescription
   b. merger d. circumspection

Answer 65

C

Question 66

6. of an easement demonstrates a clear intent to permanently abandon all future use of the easement.
   a. Nonuse c. Improvement
   b. Frequent use d. None of the above.

Answer 66

D

Question 67

7. Restrictive covenants on how parcels of property may be used are contained in a document called the:
   a. Bill of Rights.
   b. covenants, conditions and restrictions (CC&Rs).
   c. mechanic’s lien.
   d. trade fixtures.

Answer 67

B

Question 68

8. A recorded restriction limiting the use of a property to a specific purpose is classified as a(n):
   a. affirmative covenant. c. unenforceable covenant.
   b. negative covenant. d. covenant-of-will.

Answer 68

A

Question 69

9. A restriction which ____ is unenforceable.
   a. unreasonably restricts the marketability of a property
   b. prohibits ownership by a certain race
   c. is not uniformly observed and enforced against all prior violators
   d. All of the above.

Answer 69

D

Question 70

10. When a written maintenance agreement does not exist between the owners of a burdened and benefitting property, maintenance costs are:
    a. paid solely by the burdened property owner.
    b. paid solely by the benefitting property owner.
    c. shared in proportion to each property owner’s use of the easement.
    d. paid by the local government.

Answer 70

C

Question 71

1. A valid deed must:
   a. be in writing and identify the grantor and the grantee.
   b. contain a granting clause and describe the real estate involved.
   c. be signed by the grantor and accepted by the grantee.
   d. All of the above.

Answer 71

D

Question 72

2. An executed oral agreement for the transfer of real estate ownership will be enforced under the doctrine of:
   a. specific performance. c. Both a. and b.
   b. estoppel. d. None of the above.

Answer 72

C

Question 73

3. At the time of signing the deed, a capable grantor must:
   a. possess their civil rights.
   c. be an adult at least 18 years of age.
   b. be of sound mind.
   d. All of the above.

Answer 73

D

Question 74

4. A deed with a misnamed grantee is:
   a. automatically void.
   b. still a valid conveyance of the real estate.
   c. unenforceable.
   d. unlawful.

Answer 74

B

Question 75

5. A(n) ___may acquire title to California real estate.
   a. individual
   b. California limited liability company (LLC)
   c. California corporation
   d. All of the above.

Answer 75

D

Question 76

6. A is used to pass an ownership interest in real estate from the grantor to another individual, with implied covenants against prior conveyances and undisclosed encumbrances.
   a. grant deed
   c. lease agreement
   b. notice of nonresponsibility
   d. warranty deed

Answer 76

A

Question 77

7. A is intended to convey whatever interest the grantor may hold in real estate, without warranty that any interest exists.
   a. grant deed c. guaranty agreement
   b. quitclaim deed d. public nuisance

Answer 77

B

Question 78

8. Implied covenants are for the personal benefit of the:
   a. seller only. c. all future owners of the property.
   b. buyer only. d. All of the above.

Answer 78

B

Question 79

9. For delivery of a deed to occur, the grantor must___and the grantee must___.
   a. intend to convey title; accept the deed as immediately effective
   b. physically hand the deed to the grantee; record the deed with the county
   c. place the deed in the mail; plan to accept the deed on certain conditions
   d. intend to convey partial title; record the deed with the county

Answer 79

A

Question 80

10. A deed is unenforceable at all times and never conveys an interest in real estate.
    a. void c. grant
    b. voidable d. quitclaim

Answer 80

A

Question 81

1. A(n) ___ is awritten statement which presents an accurate, factual representation of title to the property being acquired, encumbered or leased.
   a. preliminary title report c. abstract of title
   b. property profile d. None of the above.

Answer 81

C

Question 82

2. Title insurance is the means by which a title insurance company ___ a person who acquires an interest in real estate against a monetary loss caused by an encumbrance on title.
   a. holds harmless c. indemnifies
   b. reimburses d. All of the above.

Answer 82

D

Question 83

3. A title insurance policy will cover monetary losses stemming from:
   a. encumbrances listed as excluded or excepted from coverage.
   b. encumbrances known to exist when the policy was issued.
   c. encumbrances not listed as excluded or excepted from coverage, and unknown to the insured individual.
   d. All of the above.

Answer 83

C

Question 84

4. of a title insurance policy identifies the insured, the property, the vesting, the dollar amount of coverage, the premium paid and the recording.
   a. Schedule A c. Schedule C
   b. Schedule B d. The insuring clause

Answer 84

A

Question 85

5. are provisions added to title insurance policies to cover losses due to conditions, covenants and restrictions (CC&Rs) violations, mechanic’s liens, and the effects of inflation.
   a. Endorsements
   c. Right of way easements
   b. Equitable subordination clauses
   d. Exceptions

Answer 85

A

Question 86

6. A(n) _owner’s title insurance policy insures only against recorded encumbrances and contains a list of pre-printed policy exceptions.
   a. California Land Title Association (CLTA)
   b. American Land Title Association (ALTA) owner’s extended coverage policy
   c. ALTA residential policy
   d. Standard Title Association (STA)

Answer 86

A

Question 87

7. A(n) title insurance policy insures against recorded encumbrances and off- record matters.
   a. California Land Title Association (CLTA)
   b. American Land Title Association (ALTA)
   c. Standard Title Association (STA)
   d. All of the above.

Answer 87

B

Question 88

8. The criteria for perfecting ownership by an adverse possession includes:
   a. possession for at least two years within the last five years.
   b. payment of mortgage principal and interest for at least three years.
   c. payment of rent.
   d. actual, notorious and open possession.

Answer 88

D

Question 89

9. is an adverse possession claim of ownership based on a written instrument and is held by the individual in possession of the property.
   a. Color of title c. Easement by possession
   b. Claim of right d. Both a. and b.

Answer 89

A

Question 90

10. An adverse possessor must have occupied a property for at least ______ before they will be able to acquire title through adverse possession.
    a. one year
    c. five years
    b. two years
    d. six years

Answer 90

C

Question 91

1. A transmutation must be_____to be effective against persons relying on the record title.
   a. written and recorded c. published in a newspaper
   b. oral d. All of the above.

Answer 91

A

Question 92

2. ______ may be used to authorize one spouse to manage and control community
   property.
   a. A revocable trust in which one spouse is the named trustee
   b. A power of attorney
   c. A limited partnership
   d. All of the above.

Answer 92

D

Question 93

3. A revocable inter vivos (living) trust benefits real estate owners by:
   a. distributing the owner’s estate without resorting to probate proceedings.
   b. allowing the owners to avoid their creditors.
   c. providing more favorable tax results than a will.
   d. All of the above.

Answer 93

A

Question 94

4. A(n) ______ is required to establish a viable inter vivos (living) trust.
   a. oral agreement
   c. Declaration of Consent
   b. Declaration of Trust
   d. writing signed by the beneficiary only

Answer 94

B

Question 95

5. A ____ is a business which acts as an executor, administrator, guardian or conservator of estates, or as assignee, receiver, depositary or trustee by the appointment of the court or for any purpose permitted by law.
   a. trust business c. Franchise Tax Board
   b. business trust d. homeowners’ association (HOA)

Answer 95

A

Question 96

6. Adverse tax consequences make ownership and vesting of rental real estate infrequent.
   a. tenants in common (TIC)
   c. corporate
   b. limited liability company (LLC)
   d. partnership

Answer 96

C

Question 97

7. The conveyance of a co-owner’s TIC interest to another person conveys:
   a. full fee ownership of the property.
   b. equitable ownership of the property.
   c. all the income and profits flowing from the property.
   d. All of the above.

Answer 97

B

Question 98

8. The of co-owners while managing the investment determines whether a state law partnership relationship exists.
   a. sharing of income and profits
   c. tax bracket
   b. interaction and coordinated conduct
   d. All of the above.

Answer 98

B

Question 99

9. The alienation of property refers to its:
   a. sale.
   c. lease for a period exceeding one year.
   b. further encumbrance.
   d. All of the above.

Answer 99

D

Question 100

10. When a co-owner of investment real estate is classified by the Internal Revenue Service (IRS) as a partner, the real estate is considered to be owned by:
    a. the co-owner only. c. a non-taxable trust.
    b. a tax partnership. d. None of the above.

Answer 100

B

Question 101

1. is the right of surviving joint tenants or a spouse to succeed to the entire interest of the deceased co-owner.
   a. Ratification c. The right of survivorship
   b. Prescription d. Accession right

Answer 101

C

Question 102

2. A surviving spouse with an uncontested claim to sole ownership needs to wait before they may clear title in their name and sell, lease or encumber the property.
   a. 30 days c. 60 days
   b. 3 days d. 40 days

Answer 102

D

Question 103

3. The creation of a joint tenancy traditionally requires the conveyance of the four unities of:
   a. title, interest, time and manner.
   c. interest, title, time and possession.
   b. possession, method, time and title.
   d. time, method, manner and title.

Answer 103

C

Question 104

4. All property acquired by a couple or by either spouse during marriage is automatically considered ______, unless otherwise specified.
   a. personal property c. separate property
   b. community property d. an easement

Answer 104

B

Question 105

5. Both spouses need to consent to the ______ of community property.
   a. sale
   c. encumbrance
   b. lease for more than one year
   d. All of the above.

Answer 105

D

Question 106

6. If a spouse sells, leases or encumbers real estate without the consent of the other spouse, the nonconsenting spouse has ______ from the recording to set aside the transaction.
   a. one year c. six months
   b. five years d. 24 hours

Answer 106

A

Question 107

7. A purchaser’s lien may include:
   a. the amount of payments made on the purchase price.
   b. punitive damages for grief and suffering.
   c. Both a. and b.
   d. None of the above.

Answer 107

A

Question 108

8. The moment a buyer enters into a purchase agreement with a seller to acquire property, the buyer has the seller’s property.
   a. an easement on
   c. a riparian right to
   b. a lien against
   d. an equitable ownership interest in

Answer 108

D

Question 109

9. The priority of a purchaser’s lien on title is set as of the date the buyer is given possession under the purchase agreement, called the:
   a. relation back theory. c. valuation date.
   b. flash back theory. d. signing date.

Answer 109

A

Question 110

10. A buyer who defaults on a purchase agreement may only obtain a purchaser’s lien if:
    a. they have paid at least $1,000 to the seller.
    b. their breach is excused due to wrongful actions by the seller.
    c. their breach is the result of market conditions.
    d. All of the above.

Answer 110

B

Question 111

1. A subcontractor needs to serve a on the appropriate parties to perfect their right to file a mechanic’s lien.
   a. ten-day notice of lien rights c. 30-day preliminary notice
   b. 20-day preliminary notice d. 90-day notice to quit

Answer 111

B

Question 112

2. A mechanic’s lien becomes void if a foreclosure action is not filed within after the mechanic’s lien is recorded.
   a. 15 days c. 60 days
   b. 30 days d. 90 days

Answer 112

D

Question 113

3. An owner may prevent a mechanic’s lien from attaching to their fee interest in the property by recording and posting a within ten days after they become aware of tenant-contracted improvements.
   a. notice of nonresponsibility c. pay-when-paid provision
   b. preliminary notice d. notice of cessation

Answer 113

A

Question 114

4. The waiver of a subcontractor’s mechanic’s lien rights is:
   a. always enforceable.
   b. never enforceable.
   c. only enforceable if it is a waiver and release signed by the contractor in exchange for partial or full payment of the amounts due.
   d. only enforceable if obtained by force.

Answer 114

C

Question 115

5. A signed and notarized is used to document a judgment lienholder’s release of a lien against a residence.
   a. certificate of discharge
   c. automatic homestead
   b. release of recorded instrument
   d. abstract of judgment

Answer 115

B

Question 116

6. Lis pendens means:
   a. pending litigation. c. condemned.
   b. pending cancellation. d. eminent domain.

Answer 116

A

Question 117

7. Recording a lis pendens is permitted in lawsuits which:
   a. affect title to personal property.
   b. seek recovery of only money losses.
   c. seek recovery of only attorney fees.
   d. affect title or the right to possession of real estate.

Answer 117

D

Question 118

8. A(n) is an involuntary, court-created trust imposed on the ownership of property held by an owner who acquired it through a wrongful act.
   a. ordinance
   c. constructive trust
   b. statutory lien
   d. inter vivos (living) trust

Answer 118

C

Question 119

9. To record a lis pendens, the lis pendens needs to:
   a. identify the parties to the lawsuit.
   b. give an adequate description of the real estate.
   c. Both a. and b.
   d. None of the above.

Answer 119

C

Question 120

10. An order a lis pendens removes any restrictions sought to be imposed on title to a property.
    a. hypothecating
    c. exempting
    b. imposing
    d. expunging

Answer 120

D