| A | B |
|---|
| A city can originate zoning and building codes to control the use of the land for the welfare of the greatest number of people through the: | right of police power |
| A deed restriction does not permit the building of a fence. They buyer errects a fence for his dog. The neighbors would enforce the deed restriction by: | a civil court action |
| A deed restriction would be BEST described as an: | encumberance |
| A driveway that extends illegally onto a neighbors property is an: | encroachment |
| A man wants to build a garage next to his home, but the side setback from the zoning does not allow construction. He should obtain a: | zoning variance |
| A planning commission is generally concerned with all EXCEPT:parks; streets; construction methods; land use | construction methods |
| A right of way across an adjoining property for purposes of ingress and egress is considered an: | easement appurtenant |
| A tract of land benefited by an easement is called a: | dominant estate |
| A sells property on which a recorded easement exists. A makes no mention of the easement during negotiations. Therefore, the easement: | runs with the land |
| All of the following are specific liens except: property taxes; IRS taxes; trust deed as collaterol for a loan;mechanic's liens | IRS taxes |
| An appurtenant easement on the servient tenement's property would: | go with the real property |
| An easement created through continued use of a property is called: | a prescriptive easement |
| An easement in gross: | is attached to a person, not a property |
| An easement in gross: | is a personal right to use the property |
| An easement is NOT terminated by: | a sale where the deed does not reference the easement |
| An interest in real estate that was created by the deed is known as: | an easement appurtenant |
| Before a person can move into a newly completed building: | an occupancy certificate must be obtained |
| Buildings that were erected before the enactment of a zoning ordinance and do not comply with the zoning limitations are called: | non-conforming uses |
| Deed restrictions are created by: | grantors |
| Failure to assert a right within a reasonable period may cause the court to determine that the right to assert is lost due to: | laches |
| Frank is the owner of the legal right to cross over the land of Ross. The land of Ross is referred to as: | a servient tenement |
| John Wilson sells a 40 acre parcel of land to Walter Frank. If Mr. Wilson wants to retain the right to cross the parcel to reach another tract behind the parcel, he MUST include which of the following in the deed? | an easement |
| Mary is interested in a parcel of real estate owned by Kathy. Mary has a title report that shows the property is encumbered by several liens. The lien with the highest priority is the lean: | first recorded |
| Restrictive covenants are enforced by: | legal action by other owners |
| What is NOT required to obtain an easement by prescription? | knowledge by the owner |
| The following right is LEAST likely to transfer with the sale of land: | license |
| The following would be a lien against real estate EXCEPT: attachment; mortgage; restrictive covenant; unpaid tax assessment | restrictive covenant |
| The following would be a specific lien on real property: | a special assessment |
| The legal right to enter anothers land is called an: | easement |
| The right of a utility company to use properties is: | an easement in gross |
| The right to erect a billboard on anothers property is MOST likely a: | license |
| The servient tenement is: | the property on which the easement exists |
| The use of property that continues in contravention of new zoning is: | a nonconforming use |
| Treatment of nonconforming uses under new zoing does not include: | immediate closure |
| What would a landlocked property owner MOST likely ask the court to grant? | an easement by necessity |
| When improvements are made accidentally on the land of another: | the improver is allowed to remove the improvements, providing any damage to the property is repaired |
| Which of the following is an example of down zoning? | zoning from multiple family to single family use |
| Which of the following restrictive covenants is MOST likely to be enforceable? | prohibits use for anything other than single family dwellings |
| Which of the following would NOT terminate an easement? | nonuse of prescriptive easement for 6 months |
| Which of the following is NOT a specific lien? | a judgement lien |
| Which of the following is NOT an encumberance on real property? | homestead right |
| Which of the following liens WOULD usually be classified as the prior lien?an existing 1st mortgage recorded last year; the current real estate tax assessment; a mechanic's lien for work commenced 3 months ago; a judgement rendered and recorded yesterday | the current real estate tax assessment |
| Which remedy would be most effective for a property owner whose request for rezoning has been refused by the city planning commission? | make a presentation to the city council in spite of the planning commission |
| With the permission of Will, Tom has used a shortcut over Will's land for over 25 years in order to get to the highway. Tom has a: | licence |
