Unit 2 Flashcards

1
Q

Real property is often referred to as a bundle of legal rights. Which of the following is NOT among these rights?

A. Right of exclusion
B. Right to override local zoning
C. Right if enjoyment
D. Right to sell or otherwise convey the property

A

B. Right to override local zoning

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2
Q

A property is bordered by a small stream. The property ends

A. At the stream edge
B. At the center of the stream
C. Five feet before the stream edge
D. At the mean high-water mark of the stream

A

B. At the center of the stream

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3
Q

Oceanfront property ends at the

A. Waters edge
B. Edge of the dunes
C. Low tide water mark
D. Mean high water mark

A

D. Mean high water mark

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4
Q

A property owner has placed a manufactured home on his lakefront lot. I order to make the home a legal part of the real estate, he must do all of he following EXCEPT

A. Remove the trailer hitch, wheels, and axels.
B. Attach the home to a permanent foundation.
C. Remove the HUD label from the exterior of the home.
D. Cancel the motor vehicle title with an affidavit.

A

C. Remove the HUD label from the exterior of the home.

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5
Q

Which of the following would typically be considered a fixture?

A. A portable basketball goal on the parking pad
B. A custom-made mailbox attached to the house
C. Curtains in he master bedroom that match the wallpaper
D. A porch swing that is hanging from hooks on the front porch

A

B. A custom-made mailbox attached to the house

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6
Q

Which of the following would NOT be considered in determining if an item is a fixture?

A. Intent
B. Adaptability
C. Value
D. Method of attachment

A

C. Value

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7
Q

Which of the following items would normally convey as a fixture with the property?

A. Refrigerator and countertop microwave
B. Free- standing butcher block table in the kitchen
C. Decorative lights draped around the enclosed patio
D. The large mirror bolted over the fireplace mantle

A

D. The large mirror bolted over the fireplace mirror

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8
Q

A seller spent $5,000 to have custom-made awnings installed over her backyard patio. According to the NCBA/NCAR 2-T Offer to Purchase and Contract, what is the status of the awnings?

A. The seller can remove the awnings at closing
B. The awnings are considered real property and must stay
C. It is at the discretion of the seller whether the seller can take the awnings
D. The awnings are considered trade fixtures and must stay

A

B. The awnings are considered real property and must stay

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9
Q

A purchaser of real estate learns that her ownership rights will continue forever and that no other person has any ownership control over the property. This person owns

A. Fee simple interest
B. Life estate pur autre vie
C. Determinable fee estate
D. Fee simple subject to a condition subsequent

A

A. Fee simple interest

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10
Q

A fee simple estate has all the following characteristics EXCEPT that it is

A. Of indefinite duration
B. Free of encumbrances
C. Transferable by deed or by will
D. Transferable with or without valuable consideration

A

B. Free of encumbrances

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11
Q

A freehold estate in land that will automatically extinguish upon the cessation of a specified condition is called

A. Fee simple subject to condition subsequent
B. Fee simple determinable
C. Fee simple absolute
D. Fee simple unmarketable title

A

B. Fee simple determinable

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12
Q

A property owner wanted to donate to the hospital a vacant lot she owned adjacent to a hospital for expansion purposes. She wanted to make sure the land was used as she intended, so her attorney prepared the deed to convey ownership of the lot to the hospital “so long as it is used for hospital purposes”. Upon receipt of the gift, the hospital owned

A. Fee simple absolute estate
B. Conventional life estate
C. Fee simple determinable estate
D. Leasehold estate

A

C. Fee simple determinable estate

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13
Q

A property owner has a freehold estate in a single-family home. He rents the home to a young couple. Which of the following statements is TRUE?

A. The man no longer has a freehold estate because a freehold estate and a leasehold estate cannot exist in the same property.
B. Than man must give up his freehold estate in order to rent the property to others.
C. The tenants now hold the freehold estate in the property.
D. The man has a freehold estate in the property, and the tenants have a leasehold estate in the property.

A

D. The man has a freehold estate in the property, and the tenants have a leasehold estate in the property.

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14
Q

An example of a condominium limited common element would be

A. a storage locker.
B. a complex’s swimming pool.
C. a condo community’s tennis court.
D. a clubhouse.

A

A. a storage locker.

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15
Q

If property is held buy two or more owners as tenants in common, the interest of a deceased co-owner will pass to the

A. remaining owner or owners.
B. heirs of the deceased owner.
C. trust under which the property was owned.
D. state by the law of escheat, regardless of whether the deceased has any heirs.

A

B. heirs of the deceased owner.

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16
Q

What form of concurrent ownership can only be held by spouses?

A. tenants by entirety
B. joint tenants with survivorship
C. tenants in common
D. joint tenants without survivorship

A

A. tenants by entirety

17
Q

William, Frank, and Jane are joint tenants without the right of survivorship. Jane sells her interest to Lloyd, and the Frank dies. As a result,

A. Frank’s heirs, Lloyd and William are joint tenants.
B. Frank’s heirs and William are joint tenants.
C. William and Lloyd are tenants in common and are the only remaining owners of the property.
D. William, Lloyd, and Frank’s heirs are tenants in common.

A

A. Frank’s heirs, Lloyd and William are joint tenants.

18
Q

Concerning concurrent ownership, which of the following statements is/are TRUE?
I. Tenancy in common is not available to a married couple holding title on a property.
II. Joint tenants may hold title to the property with equal, undivided interests.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

A

B. II only

19
Q

A buyer and a seller/developer executed a purchase contract for a new condominium on May 6 with the buyer giving $5,000 in earnest money. The buyer changed her mind and notified the seller on May 11 that she was rescinding the contract. Which of the following is TRUE?

A. The buyer can legally cancel the contract and have all the earnest money refunded.
B. They buyer cannot cancel the contract because the three-day right of rescission has passed.
C. The buyer can cancel only if she forfeits the earnest money.
D. The buyer cannot cancel the contract because there is no right or rescission.

A

A. The buyer can legally cancel the contract and have all the earnest money refunded.

20
Q

Which of the following statements is/are TRUE?
I. A condominium owner individually owns only the “airspace” in the unit and no land.
II. A town house owner individually owns the ground under the unit.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

A

C. Both I and II

21
Q

According to the North Carolina Time Share Act, a certificate of registration for each timeshare project must
I. be obtained from the North Carolina Real Estate Commission.
II. must be renewed every June.

A. I only
B. II only
C. Both I and II
D. Neither I nor II

A

C. Both I and II

22
Q

According to the North Carolin Time Share Act, all the following are true EXCEPT

A. a timeshare salesperson must have an active real estate broker’s license.
B. a timeshare salesperson must provide a public offering statement about the timeshare protect to a potential buyer prior to showing or sharing project information.
C. a timeshare purchaser must be given a five-day cancellation right after contract formation.
D. a timeshare purchaser that properly exercises the rescission rights under the Act will receive a refund of all moneys paid to the developer or his agent.

A

B. a timeshare salesperson must provide a public offering statement about the timeshare protect to a potential buyer prior to showing or sharing project information.

23
Q

Each time-share developer must deposit all money received from a purchaser in

A. the developer’s business account immediately on receipt.
B. an escrow account for 10 days.
C. both the developer’s business account immediately on receipt and an escrow account for 10 days.
D. neither the developer’s business account immediately on receipt and an escrow account for 10 days.

A

B. an escrow account for 10 days.

24
Q

A prospective client wishes to list his property with a broker and state that the property is held in a trust. Which party should the real estate broker contact in order to proceed with listing and marketing the property?

A. A bank
B. A fidicuary
C. The truster who created the trust
D. The trustee

A

D. The trustee

25
Q

One advantage of a trust is

A. the assists of the trust may be able to pass outside of probate.
B. the beneficiaries of the trust are public.
C. the trustee of a trust is always the beneficiary.
D. it cannot hold real estate as an asset.

A

A. the assists of the trust may be able to pass outside of probate.