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32 Cards in this Set
- Front
- Back
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Private restrictions on subdivisions expressed in the deed state that each lot must contain a minimum of 10,000 square feet. The public restrictions expressed in the zoning ordinance state that each lot must contain a minimum of 10,000 square feet. Which of these restrictions prevails? a. the private restrictions b. the public restrictions c. the one recorded first d. none of these choices are corrrect |
a. the private restrictions |
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Which of the following is an encumbrance? a. a block wall fence b. a lease c. a homestead exemption d. an item appurtenant |
b. a lease |
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How can a private restriction be enforeced on real property? a. injunction b. judgement c. cease and desist action d. quite title action |
a. injunction |
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"Alienation" is a term that has a meaning most nearly opposite to which of the following? a. accretion b. avuslsion c. abrogation d. acquisition |
d. acquisition |
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Which of the following is a notice given by recording? a. legal notice b. compliance notice c. constructive notice d. actual notice |
c. constructive notice |
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When a parcel of real property sells, and legal title is transferred, and that real property is encumbered with a deed of trust, which of the following is always necessary? a. a reconveyance deed must be recorded b. the grantor must deliver a deed c. the grantee must obtain the consent of the current lender d. the beneficiary must be paid
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b. the grantor must deliver the deed
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Mary Johnson, a single woman, is shown by public records to be the owner of record on a property at 123 Maple Ave. Three years later, she conveys title to the Maple Ave. property by signing a grant deed to Mary Robertson, a married woman. The difference in her last name on the deed is: a. a defect which could cause a cloud on title b. unimportant as long as the legal description of the property matches c. a problem that could render the homeowner's insurance invalid d. resolved after a three-year period as a matter of public record |
a. a defect which could cause a cloud on title |
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Which of the following is not essential to a valid deed? a. that it be acknowledged b. that it have granting clause c. that it be in writing d. that it include parties capable of their roles in the transfer |
a. that it be acknowledged |
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Which of the following is true of a valid deed? a. it must be notarized b. it must be recorded to transfer title c. it can be signed by with an X d. it can be assigned to a new grantee |
c. it can be signed by with an "X" |
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Alienate most closely matches with which of the following terms? a. render untranslatable b. encumber c. restrict d. convey |
d. convey |
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Which of the following statements most closely expresses the main purpose of a deed? a. provides a written tax record b. creates a document that can be framed for posterity c. shows evidence of a change in title or transfer of an interest in real property d. creates a document that can give actual notice |
c. shows evidence of a change in title or transfer of an interest in real property |
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A quitclaim deed conveys only the present right, title and interest of the: a. grantor b. serviant tenant c, grantee d. property owner |
a. grantor |
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Which of the following scenarios describes accertion? a. perscription b. gradual addition to the shore or bank of a waterway by natural causes c. one of government powers d. without will |
b. gradual addition to the shore or bank of a waterway by natural causes |
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An unmarried man has died and left all of his property to his two sons in his will. The will is handwritten. Which of the following best describes the will? a. holographic b. codicil c. ambulatory d. invalid
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a. holographic |
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Which of the following terms best describes a will that is totally handwritten? a. codicil b. abstract c. holographic d. ambulatory |
c. holographic |
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A married man dies without a will. His property will be passed along in his heirs according to that process? a. interstate succession b. legacy law c. legal reversion d. testamentary condemnation |
a. interstate accession |
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A married man dies without a will and leaves two children. What will become of his estate? a. it will all go to his widow b. it will go to his children c. it will be divided one third his widow and two thirds to the children d. his widow will get half and his children will get half |
c. it will be divided one third his widow and two thirds to the children |
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If an individual has built his block wall two feet over the property line and is encroaching on the neighbors property, what remedy does the neighbor have is suffering the encroachment? a. sue the city for leasing a permit under false pretenses b. sue the neighbor within five years c. sue the neighbor within three years d. sue the real estate broker |
c. sue the neighbor within three years |
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Money encumbrances are demonstrated in all of the following except a: a. note secured by trust deed b. note secured by a mortgage contact c. tax lien d. restriction |
c, restriction |
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Which of the following is considered a money encumbrance? a. encroachment b. restriction c. easement d. lien |
d. lien |
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Non-money encumbrances include all of the following except: a. easements b. encroachments c. liens d. restrictions |
c. liens |
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Which of the following best described a judgement? a. a voluntary b. an invluntary, specific lien c. an involuntary general lien d. a voluntary general lien |
c. an involuntary general lien |
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A carpenters installing floors in anew house. If it becomes necessary for the carpenter to record a mechanics lien in order to get paid when does the mechanics lien side effect? a. upon recording b. the date the work on the hardwood floors began c. the date construction on the house began d. the date the notice of completion was recorded
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c. the date construction on the house began |
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For a homeowner which of the following would be more severe upon violation? a. a condition b. a covenant c. the two are equal in consequences d. neither of the two carry any consequences |
a. a condition |
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If a deed contains a legal description of real property that is unclear or ambiguous which of the following scenarios is likely to be required? a. the deed is invalid b. the deed is void c. a quite title action will be required to correct this situation d. the parties may cooperate to correct this situation and not need to go to court |
d. the parties may cooperate to correct the situation and not need to goo to court |
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All of the following are true concerning deeds and real property except: a. a deed does not have to be recorded to be transfer title b. a reconveyance deed is used to convey title to the winning bidder in a trustee's sale c. a grant deed conveys after acquired title d. a deed is not effective until it it delivered |
b. a re conveyance deed is used to convey title to the winning bidder in a trustee's sale |
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Joe Brown is suing Liz Morgan for personal injury, Liz Morgan owns a rental property and Brown is concerned she may attempt to have the property removed from her name before a decision is made regarding the lawsuit. Is their an action Brown can take to ensure Morgan cannot do this? a. file a lis pendes b. petition the court for a judgment in advance c. petition the court for an attachment lien d. record a mechanics lien |
c. petition the court for an attachment lien |
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Which of the following is a lien? a. a trust deed b. a restriction c. a homestead d. all of the above |
a. a trust deed |
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Joe Palooka built a fence separating his property from his neighbor's. Unbeknownst to Joe, he actually built the fence over the property line on his neighbor's property. Since he has no agreement with the neighbor permitting him to remove it, the fence belongs to his neighbor. The process by which this transfer takes place is known as: a. accession b. accretion c. encroachment d. avulsion |
a. accession |
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If there exists an appurtenant easement between two contiguous tracts of land under separate ownership, which of the following is true about the owner of the dominant tenement? a. the holder of the dominant tenement can use the easement for more than the purposes of ingress and egress b. the dominant tenement is burdened by easements c. the dominant tenement benefits from the easements d. the holder of the dominant tenement owns rights that exist separate and apart from the land
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c. the dominant tenement benefits from the easements |
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Roger, who owns a ranch, gave Sam who owns no property, a non-revocable right to cross his ranch to fish in the stream. Sam has a(n): a. easement in gross b. license c. easement appurtenant d. easement by prescription
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a. easement in gross |
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Which of the following is essential to the effective delivery of a deed? a. the intention of the grantor to deliver title immediately b. redecoration of the deed c. the grantee's signature on the deed d. acknowledgment of the grantor's signature before notary public. |
c. the grantee's signature on the deed |
