QUIZ 1-12 Flashcards
(120 cards)
1
Q
Under , legal disputes were settled on a case-by-case basis before a judge.
a. the English common law c. the Mexican civil law
b. the Spanish legal system d. None of the above.
A
A
2
Q
Under , legal disputes were settled by pre-established statutes.
a. the English common law c. the Mexican judiciary
b. the Spanish civil law d. None of the above.
A
B
3
Q
The federal and state governments are divided into these branches:
a. executive, statutory and legislative.
b. judicial, constitutional and executive.
c. legislative, executive and judicial.
d. constitutional, statutory and regulatory.
A
C
4
Q
is the power of the state or local government to protect the public well¬being.
a. Eminent domain c. The power to tax
b. Police power d. None of the above.
A
B
5
Q
is the right of the government to take private property for public use.
a. Judicial authority c. The power to tax
b. Police power d. Eminent domain
A
D
6
Q
is the power of the state or local government to generate revenue and fund state and local governmental functions under their police power.
a. The power to tax c. The right to vote
b. The commerce clause d. The Spanish common law
A
A
7
Q
Covenants, conditions and restrictions (CC&Rs) which limit subdivision sales to
nonminorities violate:
a. federal commerce clauses. c. rent control ordinances.
b. equal protection laws. d. All of the above.
A
B
8
Q
California has a three-tiered court system consisting of:
a. trial courts, superior courts and appellate courts.
b. superior courts, night courts and trial courts.
c. supra courts, the Supreme Court and night courts.
d. trial courts, appellate courts and the Supreme Court.
A
D
9
Q
determines the proper physical location of the court which will hear a case.
a. Jurisdiction c. Venue
b. Appellate d. Police power
A
C
10
Q
A clause determines in advance which state’s law applies in a dispute.
a. due process c. diversity of citizenship
b. choice-of-law d. small claims
A
B
11
Q
The right to possess and use property includes the right to:
a. occupy the property. c. lease the property.
b. sell the property. d. All of the above.
A
D
12
Q
Real estate is characterized as:
a. movable. c. personalty.
b. immovable. d. None of the above.
A
B
13
Q
The first component of real estate is land, which includes:
a. soil. c. reasonable airspace above the earth.
b. rocks. d. All of the above.
A
D
14
Q
A fixture is:
a. personal property which has become permanently attached to real estate.
b. real estate which has been condemned.
c. personal property which is no longer associated with real estate.
d. real estate which has been abandoned.
A
A
15
Q
The ownership interests in real estate include:
a. fee estates. c. leasehold estates.
b. life estates. d. All of the above.
A
D
16
Q
A person who holds a interest in real estate has the right to possess and
control their property indefinitely.
a. leasehold c. fee estate
b. life estate d. profit a prendre
A
C
17
Q
A(n) is an interest in a parcel of real estate lasting the lifetime of a named
individual, called a controlling life.
a. periodic tenancy c. controlled interest
b. drilling right d. life estate
A
D
18
Q
A leasehold estate conveys to a tenant the right to a fee owner’s real estate.
a. possess c. destroy
b. sell d. All of the above.
A
A
19
Q
In a , a landlord and tenant agree to successive rental periods of the same
length, such as in a month-to-month tenancy.
a. periodic tenancy c. tenancy-at-sufferance
b. tenancy-at-will d. life tenancy.
A
A
20
Q
A(n) grants its holder a nonexclusive personal privilege to use property.
a. easement c. covenant
b. license d. partition
A
B
21
Q
are improvements made to leased property to meet the needs of the occupying tenant.
a. Mechanic’s liens c. Lease agreements
b. Tenant improvements d. Encroachments
A
B
22
Q
An improvement which a tenant is required to make in exchange for a reduction in
rent is an example of a:
a. mandatory encroachment. c. permissive improvement.
b. mandatory improvement. d. permissive fixture. ____
A
B
23
Q
An improvement which is authorized but not required by the landlord is called a:
a. mandatory encroachment. c. permissive improvement.
b. mandatory improvement. d. permissive fixture.
A
C
24
Q
On expiration of a lease, the passage of real estate fixtures from the tenant to landlord
is a conveyance called:
a. forfeiture. c. sacrifice.
b. tariff. d. reversion.
A
D
25
are improvements unique to the tenant’s business which may be removed by the tenant upon expiration of a lease or rental agreement.
a. Trade fixtures c. Airspace
b. Fugacious matter d. Walls
A
26
A sets the terms of a fixed-term tenancy.
a. rental agreement c. lease agreement
b. guest occupancy agreement d. listing agreement
C
27
A rental agreement sets the terms of a:
a. periodic tenancy c. tenancy at sufferance
b. fixed-term tenancy d. tenancy at will
A
28
On expiration of a lease, a tenant who remains in possession of a property without an agreement or acceptance of rent by the landlord for the extended occupancy becomes a(n):
a. holdover tenant. c. transient occupant.
b. life tenant. d. fee owner.
A
29
A tenancy relationship may be changed by:
a. notice. c. Both a. and b.
b. expiration of a lease. d. None of the above.
C
30
An occupant of a vacation property, motel or hotel for less than 30 days is classified
as a:
a. lien holder. c. residential property owner.
b. transient occupant. d. commercial property owner.
B
31
An instrument conveying a possessory interest in real estate which allows the tenant
to exclusively occupy the premises in exchange for rent is called a:
a. license. c. servient tenement.
b. lease. d. grant.
B
32
When an individual makes substantial expenditures to improve their use of another person’s property in reliance on the oral consent of the property owner, the license becomes:
a. irrevocable. c. invalid.
b. revocable. d. unenforceable.
A
33
refer to a landowner’s incidental property right to withdraw water from
an adjacent river for beneficial use on their riparian land.
a. Appropriation rights c. Riparian rights
b. Prescriptive rights d. Overlying rights
C
34
The right to use riparian water is a(n) and incidental right attached to the
ownership of real estate.
a. appurtenant c. percolatory
b. unreasonable d. correlative
A
35
Similar to appropriation rights, prescriptive rights may be lost by abandonment after
years.
a. two c. four
b. three d. five
D
36
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 c. four
b. three d. five
D
37
Written or oral agreements on a boundary’s location are called since they
are not implied.
a. implied agreements c. uncertain agreements
b. express agreements d. probable agreements
B
38
The agreed-boundary doctrine can be used to:
a. convey property.
b. establish an agreed-to boundary when the true boundary line is uncertain.
c. steal property.
d. All of the above.
B
39
An owner who plans to construct, replace or maintain a boundary fence needs to
provide a written notice to the affected adjoining property owners.
a. 3-day c. 30-day
b. 1-year d. 24-hour
C
40
Shrubbery or trees whose trunks stand partly on the land of two adjacent property
owners are called:
a. line trees. c. appurtenances.
b. common boundary trees. d. Both a. and b.
D
41
An improvement on real estate which extends onto property belonging to another
person without that person’s consent is a(n):
a. trespass. c. nuisance.
b. encroachment. d. lease.
B
42
Once an encroachment has been determined, the remedies available to the owner
include:
a. self-help by forcefully removing the encroachment.
b. an injunction ordering the removal of the encroachment.
c. calling the police to have the encroachment removed.
d. None of the above.
B
43
When the continuance of an encroachment on an owner’s property is permitted, the
encroaching neighbor is granted to maintain the improvement on the owner’s property.
a. a sublease c. an injunction
b. an equitable easement d. rent
B
44
An owner seeking to terminate an encroachment or recover their money losses is
generally subject to a statute of limitations running from the commencement of the encroachment.
a. two-year c. five-year
b. three-year d. ten-year ____
B
45
A(n) ______ is a wrongful and unauthorized entry onto another’s real estate.
a. trespass c. easement
b. statute of limitations d. prescription
A
46
Examples of trespass resulting from indirect 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
47
A trespasser who does not leave when requested commits a:
a. federal offense. c. misdemeanor.
b. felony. d. nonpunishable offense.
C
48
A nuisance is anything which:
a. is injurious to health. c. obstructs the use of property.
b. is offensive to the senses. d. All of the above.
D
49
A is a nuisance which affects an entire segment of the population.
a. private nuisance c. public nuisance
b. continuing nuisance d. temporary nuisance
C
50
A nuisance which may be reduced or terminated at any time at a reasonable expense
is a(n):
a. permissive nuisance. c. permanent nuisance.
b. equitable nuisance. d. continuing nuisance.
D
51
A(n) is the right of one property owner to use the property of another.
a. easement c. unlawful detainer (UD)
b. reversion d. ejectment
A
52
2. The property which benefits from an easement is referred to as the:
a. servient tenement. c. dominant tenement.
b. diminutive tenement. d. All of the above.
C
53
3. A(n) belongs to an individual and is their personal right.
a. easement in gross c. easement running with the land
b. appurtenant easement d. encroachment
A
54
4. easements restrict an owner’s ability to maintain or construct any improvements which interfere with a neighbor’s solar energy system.
a. Light c. View
b. Air d. Solar
D
55
5. A(n) is a voluntary conveyance of the right to keep land in its natural or historic condition.
a. solar easement c. costal easement
b. conservation easement d. air easement
B
56
6. A(n) has been created when an owner conveys a parcel of property but reserves the right to continue using a portion of the conveyed property.
a. exception. c. trespass
b. easement by reservation d. omission
B
57
7. An easement created by conduct without any prior agreement between the owner and the easement user is called a(n):
a. inverse condemnation. c. encroaching easement.
b. reversive easement. d. implied easement.
D
58
8. To establish an implied easement, the use by the prior owner needs to be:
a. known or obvious to both the prior owner and the buyer.
b. regularly used during the prior owner’s ownership.
c. intended to be permanent.
d. All of the above.
D
59
9. If a property is landlocked, the owner of the property may be able to acquire a(n):
a. easement by necessity. c. easement by grant.
b. partial easement. d. prescriptive easement.
A
60
10. A(n) is established by the adverse use of another’s property for a period
over five years.
a. easement by necessity c. easement by grant
b. implied easement d. prescriptive easement
D
61
1. Limitations on an easement’s use are set by:
a. its historic use. c. Both a. and b.
b. its established purpose. d. None of the above.
C
62
2. A(n) is accomplished by the use of a quitclaim or grant deed in favor of the owner of the burdened property, signed by the easement user.
a. release c. destruction
b. merger d. foreclosure
A
63
3. A occurs when the same person acquires fee title to both the benefitting and burdened properties.
a. release c. destruction
b. merger d. foreclosure
B
64
4. An easement is terminated by __ if the easement holder places an excessive burden on the property encumbered by the easement.
a. abandonment c. forfeiture
b. merger d. prescription
C
65
5. An easement is terminated by ____ when the burdened property owner permanently interferes with the neighbor’s use of the easement.
a. forfeiture c. prescription
b. merger d. circumspection
C
66
6. of an easement demonstrates a clear intent to permanently abandon all future use of the easement.
a. Nonuse c. Improvement
b. Frequent use d. None of the above.
D
67
7. Restrictive covenants on how parcels of property may be used are contained in a document called the:
a. Bill of Rights.
b. covenants, conditions and restrictions (CC&Rs).
c. mechanic’s lien.
d. trade fixtures.
B
68
8. A recorded restriction limiting the use of a property to a specific purpose is classified as a(n):
a. affirmative covenant. c. unenforceable covenant.
b. negative covenant. d. covenant-of-will.
A
69
9. A restriction which ____ is unenforceable.
a. unreasonably restricts the marketability of a property
b. prohibits ownership by a certain race
c. is not uniformly observed and enforced against all prior violators
d. All of the above.
D
70
10. When a written maintenance agreement does not exist between the owners of a burdened and benefitting property, maintenance costs are:
a. paid solely by the burdened property owner.
b. paid solely by the benefitting property owner.
c. shared in proportion to each property owner’s use of the easement.
d. paid by the local government.
C
71
1. A valid deed must:
a. be in writing and identify the grantor and the grantee.
b. contain a granting clause and describe the real estate involved.
c. be signed by the grantor and accepted by the grantee.
d. All of the above.
D
72
2. An executed oral agreement for the transfer of real estate ownership will be enforced under the doctrine of:
a. specific performance. c. Both a. and b.
b. estoppel. d. None of the above.
C
73
3. At the time of signing the deed, a capable grantor must:
a. possess their civil rights.
c. be an adult at least 18 years of age.
b. be of sound mind.
d. All of the above.
D
74
4. A deed with a misnamed grantee is:
a. automatically void.
b. still a valid conveyance of the real estate.
c. unenforceable.
d. unlawful.
B
75
5. A(n) ___may acquire title to California real estate.
a. individual
b. California limited liability company (LLC)
c. California corporation
d. All of the above.
D
76
6. A is used to pass an ownership interest in real estate from the grantor to another individual, with implied covenants against prior conveyances and undisclosed encumbrances.
a. grant deed
c. lease agreement
b. notice of nonresponsibility
d. warranty deed
A
77
7. A is intended to convey whatever interest the grantor may hold in real estate, without warranty that any interest exists.
a. grant deed c. guaranty agreement
b. quitclaim deed d. public nuisance
B
78
8. Implied covenants are for the personal benefit of the:
a. seller only. c. all future owners of the property.
b. buyer only. d. All of the above.
B
79
9. For delivery of a deed to occur, the grantor must___and the grantee must___.
a. intend to convey title; accept the deed as immediately effective
b. physically hand the deed to the grantee; record the deed with the county
c. place the deed in the mail; plan to accept the deed on certain conditions
d. intend to convey partial title; record the deed with the county
A
80
10. A deed is unenforceable at all times and never conveys an interest in real estate.
a. void c. grant
b. voidable d. quitclaim
A
81
1. A(n) ___ is awritten statement which presents an accurate, factual representation of title to the property being acquired, encumbered or leased.
a. preliminary title report c. abstract of title
b. property profile d. None of the above.
C
82
2. Title insurance is the means by which a title insurance company ___ a person who acquires an interest in real estate against a monetary loss caused by an encumbrance on title.
a. holds harmless c. indemnifies
b. reimburses d. All of the above.
D
83
3. A title insurance policy will cover monetary losses stemming from:
a. encumbrances listed as excluded or excepted from coverage.
b. encumbrances known to exist when the policy was issued.
c. encumbrances not listed as excluded or excepted from coverage, and unknown to the insured individual.
d. All of the above.
C
84
4. of a title insurance policy identifies the insured, the property, the vesting, the dollar amount of coverage, the premium paid and the recording.
a. Schedule A c. Schedule C
b. Schedule B d. The insuring clause
A
85
5. are provisions added to title insurance policies to cover losses due to conditions, covenants and restrictions (CC&Rs) violations, mechanic’s liens, and the effects of inflation.
a. Endorsements
c. Right of way easements
b. Equitable subordination clauses
d. Exceptions
A
86
6. A(n) _owner’s title insurance policy insures only against recorded encumbrances and contains a list of pre-printed policy exceptions.
a. California Land Title Association (CLTA)
b. American Land Title Association (ALTA) owner’s extended coverage policy
c. ALTA residential policy
d. Standard Title Association (STA)
A
87
7. A(n) title insurance policy insures against recorded encumbrances and off- record matters.
a. California Land Title Association (CLTA)
b. American Land Title Association (ALTA)
c. Standard Title Association (STA)
d. All of the above.
B
88
8. The criteria for perfecting ownership by an adverse possession includes:
a. possession for at least two years within the last five years.
b. payment of mortgage principal and interest for at least three years.
c. payment of rent.
d. actual, notorious and open possession.
D
89
9. is an adverse possession claim of ownership based on a written instrument and is held by the individual in possession of the property.
a. Color of title c. Easement by possession
b. Claim of right d. Both a. and b.
A
90
10. An adverse possessor must have occupied a property for at least ______ before they will be able to acquire title through adverse possession.
a. one year
c. five years
b. two years
d. six years
C
91
1. A transmutation must be_____to be effective against persons relying on the record title.
a. written and recorded c. published in a newspaper
b. oral d. All of the above.
A
92
2. ______ may be used to authorize one spouse to manage and control community
property.
a. A revocable trust in which one spouse is the named trustee
b. A power of attorney
c. A limited partnership
d. All of the above.
D
93
3. A revocable inter vivos (living) trust benefits real estate owners by:
a. distributing the owner’s estate without resorting to probate proceedings.
b. allowing the owners to avoid their creditors.
c. providing more favorable tax results than a will.
d. All of the above.
A
94
4. A(n) ______ is required to establish a viable inter vivos (living) trust.
a. oral agreement
c. Declaration of Consent
b. Declaration of Trust
d. writing signed by the beneficiary only
B
95
5. A ____ is a business which acts as an executor, administrator, guardian or conservator of estates, or as assignee, receiver, depositary or trustee by the appointment of the court or for any purpose permitted by law.
a. trust business c. Franchise Tax Board
b. business trust d. homeowners’ association (HOA)
A
96
6. Adverse tax consequences make ownership and vesting of rental real estate infrequent.
a. tenants in common (TIC)
c. corporate
b. limited liability company (LLC)
d. partnership
C
97
7. The conveyance of a co-owner’s TIC interest to another person conveys:
a. full fee ownership of the property.
b. equitable ownership of the property.
c. all the income and profits flowing from the property.
d. All of the above.
B
98
8. The of co-owners while managing the investment determines whether a state law partnership relationship exists.
a. sharing of income and profits
c. tax bracket
b. interaction and coordinated conduct
d. All of the above.
B
99
9. The alienation of property refers to its:
a. sale.
c. lease for a period exceeding one year.
b. further encumbrance.
d. All of the above.
D
100
10. When a co-owner of investment real estate is classified by the Internal Revenue Service (IRS) as a partner, the real estate is considered to be owned by:
a. the co-owner only. c. a non-taxable trust.
b. a tax partnership. d. None of the above.
B
101
1. is the right of surviving joint tenants or a spouse to succeed to the entire interest of the deceased co-owner.
a. Ratification c. The right of survivorship
b. Prescription d. Accession right
C
102
2. A surviving spouse with an uncontested claim to sole ownership needs to wait before they may clear title in their name and sell, lease or encumber the property.
a. 30 days c. 60 days
b. 3 days d. 40 days
D
103
3. The creation of a joint tenancy traditionally requires the conveyance of the four unities of:
a. title, interest, time and manner.
c. interest, title, time and possession.
b. possession, method, time and title.
d. time, method, manner and title.
C
104
4. All property acquired by a couple or by either spouse during marriage is automatically considered ______, unless otherwise specified.
a. personal property c. separate property
b. community property d. an easement
B
105
5. Both spouses need to consent to the ______ of community property.
a. sale
c. encumbrance
b. lease for more than one year
d. All of the above.
D
106
6. If a spouse sells, leases or encumbers real estate without the consent of the other spouse, the nonconsenting spouse has ______ from the recording to set aside the transaction.
a. one year c. six months
b. five years d. 24 hours
A
107
7. A purchaser’s lien may include:
a. the amount of payments made on the purchase price.
b. punitive damages for grief and suffering.
c. Both a. and b.
d. None of the above.
A
108
8. The moment a buyer enters into a purchase agreement with a seller to acquire property, the buyer has the seller’s property.
a. an easement on
c. a riparian right to
b. a lien against
d. an equitable ownership interest in
D
109
9. The priority of a purchaser’s lien on title is set as of the date the buyer is given possession under the purchase agreement, called the:
a. relation back theory. c. valuation date.
b. flash back theory. d. signing date.
A
110
10. A buyer who defaults on a purchase agreement may only obtain a purchaser’s lien if:
a. they have paid at least $1,000 to the seller.
b. their breach is excused due to wrongful actions by the seller.
c. their breach is the result of market conditions.
d. All of the above.
B
111
1. A subcontractor needs to serve a on the appropriate parties to perfect their right to file a mechanic’s lien.
a. ten-day notice of lien rights c. 30-day preliminary notice
b. 20-day preliminary notice d. 90-day notice to quit
B
112
2. A mechanic’s lien becomes void if a foreclosure action is not filed within after the mechanic’s lien is recorded.
a. 15 days c. 60 days
b. 30 days d. 90 days
D
113
3. An owner may prevent a mechanic’s lien from attaching to their fee interest in the property by recording and posting a within ten days after they become aware of tenant-contracted improvements.
a. notice of nonresponsibility c. pay-when-paid provision
b. preliminary notice d. notice of cessation
A
114
4. The waiver of a subcontractor’s mechanic’s lien rights is:
a. always enforceable.
b. never enforceable.
c. only enforceable if it is a waiver and release signed by the contractor in exchange for partial or full payment of the amounts due.
d. only enforceable if obtained by force.
C
115
5. A signed and notarized is used to document a judgment lienholder’s release of a lien against a residence.
a. certificate of discharge
c. automatic homestead
b. release of recorded instrument
d. abstract of judgment
B
116
6. Lis pendens means:
a. pending litigation. c. condemned.
b. pending cancellation. d. eminent domain.
A
117
7. Recording a lis pendens is permitted in lawsuits which:
a. affect title to personal property.
b. seek recovery of only money losses.
c. seek recovery of only attorney fees.
d. affect title or the right to possession of real estate.
D
118
8. A(n) is an involuntary, court-created trust imposed on the ownership of property held by an owner who acquired it through a wrongful act.
a. ordinance
c. constructive trust
b. statutory lien
d. inter vivos (living) trust
C
119
9. To record a lis pendens, the lis pendens needs to:
a. identify the parties to the lawsuit.
b. give an adequate description of the real estate.
c. Both a. and b.
d. None of the above.
C
120
10. An order a lis pendens removes any restrictions sought to be imposed on title to a property.
a. hypothecating
c. exempting
b. imposing
d. expunging
D
