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9 Cards in this Set

  • Front
  • Back
Each of the following factors determine whether an item of personal property has become real property, except: (A)method of annexation or attachment; (B)cost of the item; (C)relationship between the parties; (D)agreement between the parties.
(B) cost of the item

Cost is not a factor which determines when something has become a fixture.
Real property includes: (A)chattel mortgages; (B)trust deeds; (C)vegetation; (D)chose.
(C)Vegetation

Vegetation is real property
Real property includes:
(A)fixtures;
(B)anything incidental or appurtenant to the land;
(C)most things which are immovable by law;
(D)all of the above
(D)all of the above

Fixtures, anything incidental or appurtenant to the land and most things which are immovable by law are real property.
In addition to the grant deed, is a separate contract required for the sale of stock in a mutual water company: (A)yes, stock is always personal property and must be transferred with a bill of sale; (B)no, stock in a mutual water company connot be sold; (C)yes, because stock in a mutual water company is chattel real; (D)no, water company stock runs with the land.
(D)no, water company stock runs with the land.

...and does not require a seperate contract.
A trust deed was recorded against a property on 1-5-02. Work started on remodeling the property's kitchen on 2-1-02. A mechanic's lien was recorded on 3-15-02. Which lien has priority? (A)mechanic's liens always have priority; (B)the mechanic's lien has priority if the lender was notified of the remodeling project; (C)the trust deed has priority because it was recorded before the work began; (D)none of the above.
(C)the trust deed has priority because it was recorded before the work began
Which of the following notices would affect the filing date of a mechanic's lien?
a) notice of non-responsibility
b) notice of cessation
c) notice of completion
d) all of the above
D) The notice of non-responsibility. Notice of cessation and notice of completion all affect the filing date of a machanic's lien.

Pg 1-3
The owner of a parcel of land granted an easement to the local telephone company to erect telephone poles across his land. This would create an: a) encroachment
b) encumbrance
c) appurtenance
d) estate at sufferance
B) An easement is an encumbrance

pg 1-4
All of the following terminate easements, except:
a) destruction of the servient tenement
b) merger of the dominant and servient tenement
c) non-use for five years of an easement created by express grant
d) express release by the owner of the dominent tenement
C) Non-use for five years of an easement would only terminate an easement created by prescription, not an easement created by express grant.

pg1-4
The grant of an unlocated easement in a transfer of real property is:
a) void for lack of certainty
b) valid
c) invalid because an easement must be specifically located
d) voidable because a deed cannot be used to created an easement
B) The grant of an unlocated easement is valid.

pg 1-4