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RECA > UNIT 7 - Real Property Law and Related Legislation > Flashcards

UNIT 7 - Real Property Law and Related Legislation Flashcards

1
Q

The term “land” includes which of the following?

1) The physical ground and air space above the ground
2) The raw or unimproved land
3) The raw land plus any improvements that are permanent or fixed to the land
4) The land, fixed improvements and property rights

Choose only ONE best answer.

A) Statements 1 and 2
B) Statements 2 and 3
C) Statements 3 and 4
D) Statements 2 and 4

A

A) Statements 1 and 2

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2
Q

Which of the following statements best defines the term “real estate”?

A) The physical ground and air space above the ground
B) The raw land plus any improvements that can be removed without causing injury to the property
C) The raw land plus any fixed improvements to the land
D) The land, fixed improvements and property rights

A

C) The raw land plus any fixed improvements to the land

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3
Q

Which of the following statements best defines the term “Real Property?”

A) The Raw land and tangible attributes of property ownership
B) The raw land plus any items that can be removed without causing injury to the property
C) The raw land plus any fixed improvements to the land
D) The land, fixed improvements and intangibles rights of property

A

D)

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3
Q

Which of the following statements best defines the term “Real Property?”

A) The Raw land and tangible attributes of property ownership
B) The raw land plus any items that can be removed without causing injury to the property
C) The raw land plus any fixed improvements to the land
D) The land, fixed improvements and intangibles rights of property

A

d

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4
Q

The term “Personal Property” refers to which of the following?

A) The Raw land and tangible attributes of property ownership
B) Any movable items that can be removed without causing injury to the property
C) The raw land plus any fixed improvements to the land
D) The land, fixed improvements and intangibles rights of property

A

B) Any movable items that can be removed without causing injury to the property

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5
Q

Which of the following are the characteristics of land?

A) Durable, Rigid, Immobile, Unique and Scare
B) Scare, Destructible, Immobile, Rigid
C) Durable, Unique, Mobile, Pliable
D) Immobile, Portable, Durable, Ridge

A

A) Durable, Rigid, Immobile, Unique and Scare

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6
Q

Which of the following are the 3 types of estate in real estate in Alberta?

A) Fee simple, Freehold, Life Estate
B) Fee simple, Leasehold, Life Estate
C) Fee simple, Freehold, Future Estate
D) Freehold, Life Estate, Estate to Uses

A

B) Fee simple, Leasehold, Life Estate

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7
Q

Which of the following is true about Fee Simple Estate?

  1. Fee Simple is the highest form of land ownership
  2. Fee Simple is the closest to absolute ownership second to crown
  3. Fee Simple is known as freehold Estate
  4. Fee Simple ownership comes with a bundle of rights
A

All of the above are true about Fee Simple Estate

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8
Q

Which of the following is true about life estate?

  1. It grants a person a life interest in the land
  2. The life tenant controls the land during his or her lifetime
  3. The land reverts to the fee simple owner of the land
  4. The Dower Act creates a life interest for the untitled spouse regarding the homestead
A

All of the above are true

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9
Q

Which of the following are the criteria to consider in regards to the Dower Act?

  1. Is the property held in joint ownership?
  2. Is the owner of the property the only name no the Certificate of title?
  3. Is the owner of the property legally married?
  4. Has either spouse lived in the property since the time of marriage
A

Statements 2, 3 & 4

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10
Q

Which of the following statements is true for Dower Rights?

  1. Dower Rights protect a serving spouses interest int he family homestead upon the death of the other spouse
  2. Dower rights give the untitled spouse the ability to prevent the disposal of the matrimonial residence by the titled spouse
  3. Dower rights may apply to any property used as a matrimonial residence by the spouse during their marriage
  4. Dower rights may even apply if one of the parties already owned the property and brought it into the marriage
A

All of the above

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11
Q

John & Melissa Simpson have recently marries and moved into Johns apartment. Two months later, John has an account and passes away. John dint get a chance to change his Will which leads his estate to his brother Henry. Which of the following statements apply in this scenario?

  1. Henry becomes the Fee Simple owner of the property
  2. Melissa becomes a life tenant of the property
  3. Henry can sell the house now that John has passed away
  4. Melissa becomes the Fee Simple owner of the property
A
  1. Henry becomes the Fee Simple owner of the property
  2. Melissa becomes a life tenant of the property
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12
Q

Which of the following statements applies to count tenancy?

  1. Joint tenancy involved 2 or more owner with each owner having the rights of survivorship
  2. Joint tenants are co-owners with each owing an equal share in the property
  3. Joint tench only applies to marries couples
  4. Upon the death of one of the joint tenants, the property passes to that persons estate.
A
  1. Joint tenancy involved 2 or more owner with each owner having the rights of survivorship
  2. Joint tenants are co-owners with each owing an equal share in the property
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13
Q

Which of the following conditions must exist for a joint tenancy to be in effect?

  1. All joint tenants receive their interest at the same time
  2. All joint tenant must obtain their title from the same document
  3. All joint tenants have the same type of ownership interest in the. property
  4. All tenants have an undivided interest in the property
A

All of the above

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14
Q

Which of the following statements applies to TENANCY IN COMMON?

  1. In Teensy in common, there’s not right to survivorship
  2. Tenants in common may have unequal shares in the property
  3. When an tenant in common dies, that persons share in the land goes to the surviving owner
  4. A tenancy in common may be terminated by an agreement between parties to sell ones tenants interest in another tenants or a third party
A

statements 1 , 2 & 4

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15
Q

Cara, her husband David, and her mother in law buy a property together. They have equal, undivided interest in the property. The mother in law passes away. Who do her shoes go to?

A) Her estate
B) Cara
C) Her Children
D) The other owners

A

D) The other owners

16
Q

Joe Cindy and Michael decide to buy a property together that they intend to renovate and flip. Joe and Cindy own 40% each of the property. Tw months into the. project, Joe passes away. Who does Joe’s shares get passes down to?

A) Cindy and Micheal
B) His estate
C) His Children
D) The Crown

A

B) His estate

17
Q

Which of the following is not one of the governments powers in regards to property ownership?

A) The government has the right total real property to generate revenue
B) The government has the right to establish land use bylaws and regulations that everyone must follow
C) The government has the right to regain ownership of land of the parties if the fee simple dower dies
D) The government has the right to expropriate land for public good

A

C) The government has the right to regain ownership of land of the parties if the fee simple dower dies

18
Q

Which of the following statements best describes EMINENT DOMAIN?

A) The right of government to expropriate land for the common good
B) The right of the government to regain ownership of land if the properties taxes have not been paid
C) The right of the government to regain ownership of land if the owner of the properties dies intestate and there is no know heirs
D) The governments right to impose law and order for the protection of the public

A

Eminent domain refers to the power of the government to take private property and convert it into public use.

A) The right of government to expropriate land for the common good

19
Q

Which of the following statements best describes the term Escheat?

  1. The governments right to tax real property
  2. The rights of the government to regain ownership of land if the property taxes have not been paid
  3. The right of the government to regain ownership of land if the owner of the properties dies intestate and there are no known heirs
  4. The governments right to establish land use bylaws and regulations
A
  1. The rights of the government to regain ownership of land if the property taxes have not been paid
  2. The right of the government to regain ownership of land if the owner of the properties dies intestate and there are no known heirs
20
Q

Which of the following statements describe Surface Rights?

A) Surface rights relate to the physical ground and the rights to the mineral beneath the land
B) Pertain to the land on the surface of the earth and surface mineral resources
C) Pertain to the physical found associate with the property, as well as the air space above
D) Surface rights pertain to the right to use or divert disturbed water when the property is adjacent to a natural watercourse

A

C) Pertain to the physical found associate with the property, as well as the air space above

21
Q

Which of the following statements describes mineral rights?

A) Mineral rights related to the mines and minerals in the top layer of the ground

B) Pertain to the right to. use or divert disturbed water when he property is adjacent to a natural. Waterhouse

C) Relate to the physical ground and the rights to the mineral be each the land

D) Pertain to the resources below the top layer of the ground

A

D) Pertain to the resources below the top layer of the ground

22
Q

Which of. the following statements is NOT true for water rights?

A) Water rights are referred to as riparian rights in the common law

B) Water rights give a landowner whose properties is adjacent to, or crosses by, a natural watercourse the right to access the water and the right to make a reasonable use of the water

C) Water rights give a landowner whose property is adjacent to, or crosses. by a natural watercourse the right to use, divert or disturb water

D) In Alberta all water is owner by the provincial government

A

C) Water rights give a landowner whose property is adjacent to, or crosses. by a natural watercourse the right to use, divert or disturb water

23
Q

Which of the following uses are exempt from licensing requirement under the water Act?

  1. Domestic house hold use
  2. Traditional agriculture use
  3. Fire - fighting
  4. Well equipped with hand pump
A

All of the above

24
Q

Which statement best describes the purpose of a Land Use Bylaw?

A) It determines how land descriptions are established in that municipality
B) It specifies how land will be used and developed in that municipality
C) It specifies how public consultation will be sought in that municipality
D) It determines what encumbrances run with the land in that municipality

A

B) It specifies how land will be used and developed in that municipality

25
Q

Which statement best describes a permitted land use?

A) It is allowed if it conforms to the uses for that land classification
B) It is not permitted unless the municipality advises that it is permitted
C) It is allowed because it fits into the discretionary circumstances
D) It is not permitted until the land is re-zoned to permit that use

A

A) It is allowed if it conforms to the uses for that land classification

26
Q

Jill, a real estate industry professional, lists a house in a new neighbourhood with R-1 land use. However, the property has a basement suite. How should Jill refer to the basement suite when discussing the property with potential buyers?

A) Jill should refer to it as an illegal suite
B) Jill should refer to it as a mother-in-law suite
C) Jill should refer to it as a illegal, non-conforming suite
D) Jill should refer to it as a way to pay for the mortgage

A

A) Jill should refer to it as an illegal suite

27
Q

Which of the following taxes can be levied by a municipality to generate revenue?

A) Business taxes
B) Special taxes
C) Local improvement taxes
D) All are tax levies that can be imposed

A

D) All are tax levies that can be imposed

28
Q

Amy, a real estate professional, is working with an individual who wants to sell his residential property which is currently being rented. Which legislation governs the relationship between the seller and the individual leasing the premises?

A) Consumer Protection Act
B) Cooperatives Act
C) Residential Tenancies Act
D) Mobile Home Sites Tenancies Act

A

C) Residential Tenancies Act

29
Q

According to the Residential Tenancies Act, which of the following requirements must be included with a notice of rent increase?

A) The notice must be in writing
B) The notice must state the effective date of the increase
C) The notice must include the landlord’s signature
D) All are requirements that must be included

A

D) All are requirements that must be included

30
Q

Which of the following is NOT a landlord obligation under the Mobile Home Sites Tenancies Act?

A) Maintain the common areas
B) Provide for the removal of garbage
C) Request a rent increase on an annual basis
D) Maintain all supplies utilities and/or facilities

A

C) Request a rent increase on an annual basis

RECA (12 decks)

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