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33 Cards in this Set
- Front
- Back
- 3rd side (hint)
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1. 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 B. three C. four D. five |
D. five |
Page 86 |
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2. Written or oral agreements on a boundaries location are called _______since they are not implied. A. implied agreements B. express agreements C. uncertain agreements D. probable agreements |
B. express agreements |
Page 87 |
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3. The agreed-boundary doctrine cannot be used to: A. make a lot line adjustment B. convey property C. Both A and B D. Neither A nor B |
C. Both A and B |
Page 88 |
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4. Party walls may be in the form of ________which are co-owned by adjacent property owners. A. Fences B. Buildings C. Walls D. All of the above. |
D. All of the above. |
Page 89 |
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5. Shrubbery or trees whose trunks stand partly on the land of two adjacent property owners are called: A. Line trees. B. Common boundary trees. C. Appurtenances. D. Both A and B. |
D. Both A and B. |
Page 90 |
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6. An improvement on a real estate which extends on some property belonging to another person without his consent qualifies as a(n): A. Trespass. B. Encroachment. C. Nuisance. D. All of the above. |
D. All of the above. |
Page 94 |
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7. Once in encroachment has been determined, the remedies available to the owner include: A. Money damages for the diminished value of the property subject to the encroachment. B. An injunction ordering the removal of the encroachment. C. Reporting the criminal trespass for its removal. D. Both A and B. |
D. Both A and B. |
Page 95 |
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8. When the continuance of an encroachment on an owner's property is permitted, the encroaching neighbor is granted a(n) _______to maintain the improvement on the owner's property. A. Sublease B. Equitable easement C. Injunction D. All of the above. |
B. Equitable easement |
Page 96 |
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9. An owner seeking to terminate an encroachment or recover his money losses is generally subject to a ______statute of limitations running from the commencement of the encroachment. A. Two-year B. Three-year C. Five-year D. None of the above. |
B. Three-year |
Page 96 |
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10. A(n) ____is any condition which prevents an owner's free use or enjoyment of his property or is injurious to his health. A. Nuisance B. Common boundary dispute C. Trespass D. Abated continuous encroachment |
A. Nuisance |
Page 100 |
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11. A city's right of way includes: A. Curbs, gutters and an easement on private property. B. Street light poles, personal property and sidewalks. C. Streets and highways, gutters and street side plots of soil or grassy areas with trees. D. All unfenced property, streets and driveways. |
C. Streets and highways, gutters and street side plots of soil or grassy areas with trees. |
Page 103 |
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12. If a city charter and the statutory tree policy are in conflict, ______will control. A. The city charter B. The statutory tree policy C. It is up to the governor to determine whether the charter or statutory tree policy. D. The discretion of the federal government. |
A. The city charter |
Page 103 |
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13. If the city is to remove a dangerous tree growing on private property, the city must provide the property owner with _______before removing the tree. A. Oral notice ten days B. Written notice ten days C. Oral notice thirty days D. Written notice thirty days |
B. Written notice ten days |
Page 104 |
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14. A(n) ______is an interference with another's possession of real estate. A. Abated nuisance B. Trespass C. Easement D. All of the above. |
B. Trespass |
Page 107 |
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15. ______includes entering the property possessed by another in case of emergency to abate a nuisance or to serve legal papers. A. Privileged entries B. Forcible detained C. Transient possession D. Right of way |
A. Privileged entries |
Page 107 |
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16. Examples of trespass resulting from in direct 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. |
D. All of the above. |
Page 108 |
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17. If a trespasser does not leave when requested, he commits a: A. Federal offense. B. Felony. C. Misdemeanor. D. Nonpunishable offense. |
C. Misdemeanor |
Page 110 |
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18. ______is similar to an unlawful detainer (UD) action but has ______proof of trespass requirements. A. Ejectment; more stringent B. Ejectment; less stringent C. A misdemeanor action; no D. Revocation; no |
B. Ejectment; less stringent |
Page 110 |
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19. A nuisance is anything which: A. Is injurious to health. B. Is offensive to the senses. C. Obstructs the use of property. D. All of the above. |
D. All of the above. |
Page 113 |
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20. The illegal sale of a controlled substance is considered a(n): A. Nuisance per se. B. Trespass. C. Unlawful detainer. D. Both A and B. |
A. Nuisance per se. |
Page 114 |
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21. An activity done or maintained under the express authority of a statute, called______, cannot be considered a nuisance. A. Statutory authority B. Equitable immunity C. Privileged communication D. None of the above. |
A. Statutory authority |
Page 114 |
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22. A ______is a nuisance which affects an entire segment of the population. A. Private nuisance B. Continuing nuisance C. Public nuisance D. Temporary nuisance |
C. Public nuisance |
Page 116 |
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23. An owner may recover ______for another's malicious or willful creation of a nuisance. A. Punitive damages B. Tax relief C. Compensation in the form of land D. None of the above. |
A. Punitive damages |
Page 118 |
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24. The property which benefits from an easement is referred to as the: A. Servient tenement. B. Diminutive tenement. C. Dominant tenement. D. All of the above. |
C. Dominant tenement. |
Page 121 |
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25. A(n) ______belongs to an individual and is his personal right. A. Easement in gross B. Appurtenant easement C. Easement running with the land D. Encroachment |
A. Easement in gross |
Page 121 ... his gross personal right. |
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26. ______easements restrict an owner's ability to maintain or construct any improvements which interfere with the neighbor's solar energy system. A. Light B. Air C. View D. Solar |
D. Solar |
Page 123 |
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27. A(n) ______is a voluntary conveyance of the right to keep land in its natural or historic condition. A. Solar easement B. Conservation easement C. Costal easement D. Air easement |
B. Conservation easement |
Page 123 .... Conservation means to conserve or protect from loss or harm. |
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28. If a property is landlocked, the owner of the property may be able to acquire a(n): A. Easement by necessity. B. Partial easement. C. Easement by grant. D. Prescriptive easement. |
A. Easement by necessity. |
Page 13 ??? I think its supposed to be page 131 |
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29. A(n) ______is established by the adverse use of another's property for a period over five years. A. Easement by necessity B. Implied easement C. Easement by grant D. Prescriptive easement |
D. Prescriptive easement |
Page 131 |
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30. An easement is terminated by ______if the easement holder places an excessive burden on the property encumbered by the easement. A. Abandonment B. Merger C. Forfeiture D. Prescription |
C. Forfeiture |
Page 136 |
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31. An easement can be terminated through ______if the easement holder clearly indicates his intent to permanently ______the easement. A. Merger; forfeit B. Abandonment; abandon C. Destruction; destroy D. None of the above. |
B. Abandonment; abandon |
Page 137 |
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32. A(n) ______is a recorded restriction which requires a property to be used for a specific purpose. A. Negative covenant B. Declaration of Covenants, Conditions and Restrictions (CC&Rs) C. Covenant which does not run with the land. D. Affirmative covenant |
D. Affirmative covenant |
Page 140 |
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33. Covenants, Conditions and Restrictions (CC&Rs) which prohibit the sale of a lot to persons of a certain race or religion are ______as they ______. A. Enforceable; do not violate local laws B. Enforceable; do not violate federal civil rights laws C. Unenforceable; violate federal civil rights laws D. Usually unenforceable; frequently violate local laws |
C. Unenforceable; violate federal civil rights laws |
Page 141 |
