Real Estate Law (12-13)

Front 1

A boundary survey without any warranties as to accuracy is called an "as-built" survey.

Back 1

False

Front 2

All states use a government rectangular survey system.

Back 2

False

Front 3

Base lines run east and west.

Back 3

True

Front 4

A township's square is divided into 36 sections.

Back 4

True

Front 5

A metes and bounds call will contain both a course and a distance.

Back 5

True

Front 6

The length between two points on a metes and bounds description is called a course.

Back 6

False

Front 7

A survey should indicate which direction is north on the survey by including a north arrow.

Back 7

True

Front 8

A metes and bounds description describes a parcel of land by reference to a recorded survey or plat.

Back 8

False

Front 9

A straight line between the beginning and ending points of a curve is called a chord.

Back 9

True

Front 10

An arc distance and a chord distance will always be the same.

Back 10

False

Front 11

List the types of land description.

Back 11

a) Government rectangular survey.
b) Platted.
c) Metes and bounds.

Front 12

A baseline has what relationship to a meridian line in a government rectangular survey?

Back 12

A baseline is a surveyor line that runs due east and west and is identified as being a certain number of degrees north of the equator. Its relationship with a meridian is that only one base line will cross each principal meridian. A parcel of land can be described as being a certain distance east or west of a given principal meridian at a certain distance north or south of a given base line

Front 13

How many acres are found in the North 1/2 of a NW 1/4 of a SE 1/4 of a section?

Back 13

20 acres.

Front 14

What are the basic requirements for a platted description?

Back 14

a) Land lot.
b) District.
c) County.
d) State.
e) Subdivision
f) Lot and unit number.
g) Recorded reference to plat book and page numbers.

Front 15

How does the course of a boundary line differ from the distance of a boundary line?

Back 15

It is the direction in which the boundary line travels and the distance is the length of the line.

Front 16

What information should the land surveyor give concerning a curved property line?

Back 16

a) Arc distance.
b) Radius distance.
c) Course of the chord.
d) Distance of the chord.

Front 17

What is meant by the statement that "a metes and bounds description must close"?

Back 17

The legal description starts at a beginning point, follows each boundary line by course and distance, and ends back at the beginning point.

Front 18

Failure of a landlord to perform its obligations under a lease is a legal excuse for the tenant not to pay rent.

Back 18

False

Front 19

Rent is generally payable in arrears.

Back 19

False

Front 20

A lease in which the tenant pays rent plus all expenses fo the premises is known as a gross lease.

Back 20

False

Front 21

A landlord generally has the right to terminate a lease upon a tenant's default.

Back 21

True

Front 22

A tenant after an assignment or sublet is released from its responsibility under the lease.

Back 22

False

Front 23

A subtenant is responsible to the original landlord for all lease covenants.

Back 23

False

Front 24

Foreclosure of a prior mortgage on the leased premeises will terminate the lease.

Back 24

True

Front 25

A transfer of a tenant's complete interest in a lease is known as a sublet.

Back 25

False

Front 26

A transfer of a tenant's complete interest in a lease is known as an assignment.

Back 26

True

Front 27

An attornment is a sworn statement of facts concerning a lease.

Back 27

False

Front 28

Explain the theory of independent covenants in lease law.

Back 28

The theory of independent covenants states that a breach of promises by one party to a lease does not excuse the other party from performance of its promises.

Front 29

What is the difference between an assignment and a sublease?

Back 29

An assignment is the transfer by a tenant of all interest under the lease. A sublet is a transfer of only a portion of the interest under the lease, with the tenant retaining some interest.

Front 30

Briefly describe the difference between a gross rent lease and a net rent lease.

Back 30

A gross lease requires the tenant to pay rent but all ordinary and necessary expenses are paid by the landlord. In a net rent lease the tenant pays rent money and is also responsible for all expenses of the property.

Front 31

What title concerns should a tenant have when entering into a lease with a landlord?

Back 31

A lease is subject to all title defects. Make sure the landlord owns the property, that no restrictive covenants exist, and if any prior mortgages exist.

Front 32

Briefly discuss the basic remedies of a landlord for a tenant's default under a lease.

Back 32

a) Sue the tenant for default.
b) Terminate the lease and sue for damages.
c) Dispossess the tenant and sue for rental payments under the lease.

Front 33

Identify briefly and discuss the basic remedies of a tenant for a landlord's default under a lease.

Back 33

Normally a tenant does not have the right to withold rent because of a landlord's default. A tenant may sue the landlord for performance and any damage caused by nonperformance. The default of the landlord does normally not give the tenant the right to terminate the lease. The URLTA may modify these rules.

Front 34

What is a lease guaranty and when would it be used by a landlord?

Back 34

A lease guaranty is a situation where some person or entity guarantees the tenant's performance under a lease.