Unit 9 Flashcards

(12 cards)

1
Q

Adverse possession will be valid against:

a) the lawful owner.
b) the state.
c) the county.
d) the federal government.

A

a) the lawful owner.

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2
Q

An adverse possession claim may not be brought against which of the following?

a) Government-owned land.
b) Industrial property.
c) Agricultural land.
d) Commercial property.

A

a) Government-owned land.

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3
Q

A claim for adverse possession is most nearly valid where:

a) the person occupies the premises for the statutory period with or without the owner’s
consent.
b) the adverse possessor occupied continuously for the statutory period.
c) the land is state-owned.
d) the possessor paid just compensation.

A

b) the adverse possessor occupied continuously for the statutory period.

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4
Q

Which of the following is necessary to acquire title by adverse possession?

a) 30 or 60 years’ continuous use against the will of the owner.
b) Pay fair market value.
c) A condemnation hearing.
d) A color of title action.

A

a) 30 or 60 years’ continuous use against the will of the owner.

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5
Q

The act or process of taking private property for a public purpose is called:

a) eminent domain.
b) police power.
c) escheat.
d) condemnation.

A

d) condemnation.

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6
Q

Quieting a title most nearly means.

a) to obtain title by adverse possession.
b) to color a title.
c) to mortgage the property.
d) to settle a cloud on the title by court action.

A

d) to settle a cloud on the title by court action.

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7
Q

To establish a claim of title of a parcel of realty by adverse possession, a claimant must hold
the parcel for the required tim and such possession must be:

a) either exclusive or in common with others, provided substantial enclosure and improvement or annual cultivation can be proved.
b) uninterrupted for the statutory period, with or without owner’s consent.
c) under any circumstances, provided a claim for color of title is filed.
d) exclusive, continuous, uninterrupted, visible and notorious.

A

d) exclusive, continuous, uninterrupted, visible and notorious.

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8
Q

Joe, Helen and Mary Travers own a large home on a ten=acre parcel of land, all of which is
needed by the state due to the creation of a new state highway. Regarding this case, all of the
following statements are correct EXCEPT:

a) The Travers may voluntarily agree to sell the land to the state.
b) If the state needs the land for a public purpose, it may obtain title to it even if the Travers
r e f u s e to sell.
c) If the state acquires the land, the owners must be justly compensated for it.
d) Severance damages may be awarded.

A

d) Severance damages may be awarded.

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9
Q

Which of the following elements is NOT required for adverse possession?

a) The possession must be without permission.
b) The possession must be notorious.
c) The possession must be under claim of right.
d) The possession must be held by tacking.

A

d) The possession must be held by tacking.

In real estate, “tacking” refers to the legal principle that allows successive periods of adverse possession by different individuals to be combined to establish a continuous period of possession.

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10
Q

The right of eminent domain refers to:

a) the right of every American citizen to own property.
b) an institution to condemn property pending an improvement that is for the good of the
community.
c) an institution or individual to acquire land by grant from the government.
d) the government right to acquire or authorize others to acquire title for public use with just compensation.

A

d) the government right to acquire or authorize others to acquire title for public use with just compensation.

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11
Q

A landowner can prevent an adverse claim by all of the following methods EXCEPT:

a) ousting the trespasser.
b) giving the trespasser permission to stay.
c) preventing trespassers from entering.
d) observing the trespasser.

A

d) observing the trespasser.

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12
Q

Compensation usually follows a court action relating to which of the following?

a) Trustee’s sale.
b) Police power.
c) Eminent domain
d) Quiet title.

A

c) Eminent domain

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