Property Ownership
A court order to ensure the sale of property to pay off judgment is called a(n):
Foreclosure.
Writ of execution.
Lien.
Attachment
Which of the following is an example of involuntary alienation?
Sale for unpaid taxes
Eminent domain
Foreclosure sale
All of the above
What is the unutilized space between the floor and ground of a structure called?
Air space
Belly space
Crawl space
Lee space
If land has a servient tenement, it has a(n):
Encumbrance.
Flawed title.
Appurtenance.
All of the above.
An agreement to sell community real property, signed by one spouse only is:
Valid.
Unenforceable.
Enforceable.
Illegal.
Conditions differ from covenants in which of the following ways?
Only conditions "run with the land."
Covenants cannot be created by grant.
Conditions can only be created by grant.
Only covenants restrict the use of the land.
Mechanic's liens are based on:
English common law.
The California Civil Code.
The Business and Professions Code.
Federal mechanic's lien law.
All of the following statements are true about zoning EXCEPT:
Violations of zoning ordinances may render title unmarketable.
Zoning laws are generally enforced through building permits.
Zoning laws are concerned with regulating property values.
Zoning is retroactive.
The spread part at the bottom of the exterior of the foundation in a single-family dwelling is a:
Foundation.
Pier.
Base.
Footing.
If three different buyers take title to real property as joint tenants, there would be:
One deed.
Three deeds.
Separate 1/3 ownerships.
No right of survivorship.
All of the following are reasons to conduct a soil study EXCEPT:
Test expansiveness of soil
Test the slope
See if soil must be exported or imported
Test if soil is contaminated
When referring to the measurement of lumber, which of the following would equal one board foot?
1' x 1' x 1'
12" x 12" x 1
12" x 1" x 12"
All of the above
Insulation materials are rated by their effectiveness according to their "R-value." The rating system is used to rate the material's:
Heat replacement rate.
Energy efficiency.
Resistance to flow of heat.
Resistance to moisture.
Subdivisions are controlled by:
The city in which the subdivision is located.
The city or the county.
The Department of Housing and Urban Development.
The California Department of Business Oversight.
Which of the following is NOT necessary to establish title by adverse possession?
Possession open and notorious for five years
Paying taxes for five years
Use of the entire property
Against the true wishes of the owner
A plot plan drawn by an architect is designed to:
Show the side and exterior views of the improvement.
Outline the foundation system.
Give detailed specifications of the building components.
Define the lot and show the location of the improvements on the site.
Local governments are authorized to create Community Redevelopment Agencies (CRA's) for the purpose of correcting blighted conditions and to expand the supply of low and moderate income housing within their jurisdiction. By law, CRA's must set aside a portion of the tax revenue increases generated by the higher valuation created by their development projects in a special fund. The name of this fund is the:
Incremental Tax Fund.
Tax Common Fund.
Low and Moderate Income Housing Fund.
CRA General Fund.
A mechanic's lien has advantages over the other types of liens in that:
It has priority over recorded trust deeds.
It has priority over certain other types of liens.
Its effective date is the date work commenced.
Its effective date would normally be prior to the recording date.
A person who held a life estate leased the property for five years and then died. The new owners ordered the lessee to move out. The lease was:
Valid for the five years.
Valid until the man died.
Invalid from the beginning.
Invalid unless the deceased's executor confirmed it.
A limited partner may:
Use his or her name in the partnership.
Request an accounting from the partnership.
Consult for the partnership.
Act as CEO of the partnership.
The four unities of joint tenancy are:
Time, Title, Interest, and Possession
Time, Interest, Possession, and Liability
Title, Interest, Possession, and Ability
Time, Possession, Liability, and Interest
A husband alone, without his wife's consent, may:
Give away community property.
Sell community property.
Buy real property.
Sell community personal property.
Among the principles involved in the "Bundle of Rights" is the right to:
Build, tax, destroy, and rebuild.
Design, plan, implement, and profit.
Possess, encumber, will, and sell.
All of the above.
The term "walk-up" refers to a(n):
Drive-in restaurant.
Agricultural subdivision.
Apartment house.
Subdivider's elevation sheet.
A high energy efficiency ratio (EER) on an air conditioner would mean:
High efficiency.
Low efficiency.
Use a lot of electricity.
High BTU.
Brown leases a residence from Baker on a three-month written lease. Upon expiration of the written lease, Brown retains possession of the property without the consent of Baker. Brown now holds a(n):
Estate at sufferance.
Estate for years.
Estate at will.
Periodic tenancy subject to eviction.
Which of the following is considered a "less than freehold estate?"
Lease
Freehold estate
Fee simple estate
Easement
What may the tenant do with fixtures in an industrial property?
Remove before moving out
Leave when moving out
Remove or leave at the choice of the lessor
You cannot attach fixtures
Which of the following would be considered real property?
A maturing grape crop which is under a sales contract to be harvested later.
Trade fixtures that a tenant has installed but which are removable without damage.
A built-in refrigerator in a mobile home that is not attached to a permanent foundation.
A bearing wall in a single-family home.
Mark gives a life estate to Charlie. Mark's interest is:
Personal property.
Reversionary.
Leasehold.
Remainder.
Land subject to an easement is said to be:
Appurtenant thereto.
Encumbered.
Encroached upon.
Restricted.
An easement by prescription may be lost by:
Nonuse for five years.
Merger of ownership between the dominant and servient tenements.
Express release by the holder of the dominant tenement.
All of the above.
The holder of a life estate can do all of the following EXCEPT:
Sell it.
Lease it.
Will it.
Borrow against it.
A general contractor hired a subcontractor to install the hardwood floors in a home under construction. If the subcontractor had to file a mechanic's lien in order to get paid, the mechanic's lien would date back to the date:
Work began on the house.
Work began on the hardwood floors.
Work ended on the house.
Work was completed on the hardwood floors.
Of the following, which lists the events in their proper order?
Judgment, execution, attachment
Judgment, attachment, execution
Execution, judgment, attachment
Attachment, judgment, execution
The person most likely to use a "bench mark" in his/her profession would be a:
Lawyer.
Carpenter.
General contractor.
Surveyor.
The insects that are considered to be the most destructive to wood are:
Dry-wood termites.
Wood beetles.
Silverfish.
Spiders.
The seizure of property prior to a judgment is known as:
Excessive force.
An attachment.
A seizure execution.
Serving the judgment.
Zoning that allows residential property to exist on land zoned for industrial use is called:
Bulk zoning.
Incentive zoning.
Cumulative zoning.
Directive zoning.
A contract for the sale of rural property requires a:
Rural route address.
Legal description.
Parcel number.
Common description; e.g., Jones Ranch.
All of the following describe a fee simple interest EXCEPT:
No encumbrances.
Inheritable.
Indefinite duration.
Freely transferable.
Which of the following are ways in which the government has control over real property?
VA and FHA agencies
Real estate commissioner
Building and zoning
All of the above
To determine ownership, what is the court action taken?
Partition action
Quiet title action
Declaratory relief
None of the above
When the local building authority permits an inconsistency to the construction, systems, or standards within applicable building codes, it is referred to as a(n):
Infraction.
Exemption.
Permit.
Variance.
The most important test of a fixture is:
Method of attachment.
Cost of installation.
Adaptability of the item.
Intention of the parties.
Abigail Blake leased an apartment in a recreation area from July 1, 2014 through August 31, 2015. She holds a(n):
Estate at will.
Estate in severalty.
Estate for years.
Freehold estate.
A judgment will be most effective in the county where the:
Judgment was originally rendered.
Defendant resides.
Plaintiff resides.
Judgment is recorded.
After paying his general contractor in full, a property owner files a notice of completion. Which of the following is correct?
Mechanic's liens may not be filed.
A notice of nonresponsibility must be filed to protect the owner.
As long as work has not stopped, workers may file mechanic's liens.
Unpaid workers can file mechanic's liens up to 30 days after the owner files a notice of completion.
The difference between a judgment lien and a mechanic's lien is:
Mechanic's liens may take priority earlier than the date they are recorded.
Judgment liens are involuntary liens.
Judgment liens are not enforceable until recorded.
Mechanic's liens are created by statute.
In what year did the requirement for disclosure of lead based paint in dwelling units become effective?
1976
1980
1996
2000
Mr. Friedman purchased real property on which there was an old home. He removed the run down home and had the lot graded. He immediately obtained a construction loan secured by a deed of trust. During the construction period, a painter who had not been paid filed a mechanic's lien. Which of the following is correct?
The mechanic's lien takes priority over the trust deed because the priority dates back to when the construction actually began.
The trust deed takes priority because it was recorded before completion of construction.
The trust deed takes priority because it was recorded prior to the mechanic's lien.
Mechanic's liens always take priority over trust deeds.
Steve has an old building where he runs his business. The city has just condemned the property through eminent domain. In this case:
The city pays only just compensation.
The city pays compensation for the property and separate compensation for his stock-in-trade.
The city must pay compensation for the property, stock-in-trade and cost of moving.
The city does not need to pay compensation.
All of the following are factors considered when determining whether an item of personal property has become real property, EXCEPT:
Agreement between the parties
Method of attachment
Cost of the article
Relationship of the parties
A property owner's petition for rezoning is rejected by the city planning commission. He/she:
May appeal to the county planning commission
May appeal to the municipal court claiming an unjust ruling.
May appeal to the city council.
Has no recourse and may not apply again later.
The listing agent fails to disclose that the property is in a Mello-Roos special tax district when the purchase contract is signed. Realizing his oversight, he delivers the required disclosure to the buyer in person the next day. Which of the following is correct regarding the buyer's rights?
The buyer has a three-day right of rescission after receipt of the disclosure.
The buyer has no right to rescind if they did not specifically ask about the tax.
The listing agent is protected under the doctrine of "buyer beware."
The buyer is protected under the doctrine of "buyer beware."
If you went to the city/county and wanted to change the electrical requirements specific to the structure from the standard normal requirements, this would be a(n):
Variance
Exception
Estoppel
Emblement
An interest in real property acquired by prescription is:
The right to use another's land.
A possessory title.
An equitable interest.
A private grant.
As a general rule which of the following sources would be least satisfactory in providing a legal description for a parcel of real property?
Deeds
Preliminary title report
Policies of title insurance
Bill for real property taxes
All of the following are considered real property EXCEPT:
Air space.
Ground water.
Growing trees.
Trade fixtures.
Which of the following forms of ownership consists of an undivided interest with right of survivorship?
Severalty
Community property
Joint tenancy
Tenancy-in-common
Personal property becomes real property when:
Transferred.
Hypothecated.
It is fully depreciated.
It becomes immovable.
If you were granted the right to purchase a business with ready product, business plans, development plans, and marketing plans, this would be a(n):
Business opportunity.
Franchise.
Grant deed.
Estate for years.
Which of the following is considered a fixture?
Grape arbor
New ceiling fans
Chicken coops stabilized by barn
A greenhouse window
Which of the following statements regarding deed restrictions is TRUE?
A covenant is generally more severe than a condition.
To be legally enforced, a private restriction must promote public health, safety, and welfare.
The term "covenant" is an all-inclusive word embracing both restrictions and conditions.
A violation of a condition is more severe than a covenant and might result in the loss of title.
A property owner intends to build an addition onto the back of his house. He should check:
CC&Rs.
Local building codes.
Zoning ordinances.
All of the above.
A property is owned by two persons in joint tenancy. Which of the following actions could destroy the joint tenancy?
Foreclosure against one of the parties to the joint tenancy.
One of the joint tenants places a deed of trust against his/her interest.
One joint tenant wills his/her interest to another.
Judgment and writ of execution are awarded.
A group of neighbors had pleaded with their neighbor Mr. Brown to stop burning garbage on his property. They finally obtained a court order to stop him from continuing to do so. This court order would be known as a(n):
Judgment.
Injunction.
Inverse condemnation.
Indenture.
If a client asks how they should take title, the broker should say:
As tenants in common.
As joint tenants.
As community property.
Ask an attorney.
Joint tenancy and tenancy in common both share the unity of:
Equal interests.
Survivorship.
The right to pass title by will.
Equal rights of possession.
A bearing wall:
Generally has stronger supportive members.
Can be built at any angle to the door.
Is usually left alone during remodeling.
All of the above
Partition action refers to:
Tract homes.
Court action to break up joint tenants.
Subdivisions.
All of these.
A power granted by an enabling act refers to:
Zoning.
Eminent domain.
Fair housing laws.
All of the above
The legal seizure of property for sidewalks by the government is referred to as:
Zoning.
Escheat.
Eminent domain.
Lis pendens.
Because of roofing regulations regarding load factor:
Manufacturers are making stronger plywood.
Builders are spacing roofing rafters closer together.
Manufacturers are making stronger joists.
None of the above
Which of the following liens covers all the property of a person?
Specific lien
Mechanic's lien
General lien
None of the above
All of the following are ways government controls the use of land EXCEPT:
Building codes
Riparian Rights
Easements
Zoning
Mark enters into an agreement to lease to Steve for 10 years. Four years later, Mark dies. Steve then discovers that Mark's interest was a life estate. Which of the following is correct?
The ownership reverts to Steve.
The ownership remains with Mark's heirs.
The lease is still valid for the full 10 years.
The lease terminates with Mark's death.
A judgment that has been recorded would be a(n):
Involuntary lien.
Superior lien.
Equitablie lien.
Inferior lien.
A parcel of land known as the servient tenement:
Is the property benefited by the easement.
Has an easement appurtenant attached thereto.
Loses its status upon transfer of title.
Is the property burdened by the easement.
The parallel framing members under the flooring boards and in the ceiling are called:
Beams.
Ledges.
Joists
Piers.
A roof which slopes upward from all four sides and joins at the ridge is called a:
Gable roof.
Mansard roof.
Hip roof.
Gambrel roof.
One man transferred title to a house with a condition that no alcoholic beverages would be sold on the premises. The estate created is known as a(n):
Fee simple absolute.
Estate in forfeiture.
Fee simple defeasible.
Estate in reversion.
The sudden tearing away or removal of land by water flowing through or over it is called:
Avulsion.
Accretion.
Accession.
Alluvion.
Which are specific liens?
Mortgage, attachment, tax liens, and mechanic
Mortgage, judgment, attachments, and tax liens
Mortgage, judgment, tax liens, and mechanic
Attachment, corporate bonds, decedent
Which of the following is always required in joint tenancy ownership of real property?
The clause, "With right of survivorship".
Equal shares of interest in the property by each of the joint tenants.
A husband and wife relationship.
All of the above.
Which of the following best describes an estate of inheritance?
Life estate
Lease
Fee simple
All of the above
In new construction financing, when does the lender usually release the final payment to the borrower?
When work is completed
When the owner accepts the property
When the lien period expires
When the Notice of Completion is recorded
A person holding title to property in severalty would most likely have:
A life estate.
An estate for years.
Ownership in common with others.
Sole ownership.
Which of the following is true regarding encumbrances?
Encumbrances never affect value.
Even beneficial restrictions can be encumbrances.
All encumbrances are liens.
None of the above.
The liability of a limited partner for business debts is limited to:
The same as the general partners.
Any amount agreed to in the partnership agreement.
His/her contribution to the firm.
The amount of the debts equally divided among all the partners.
The transfer (sale) of real property would not affect:
CC&R's
Easements by reservation.
Mechanic's lien rights.
All of the above.
When referring to his development, a contractor mentions his elevation sheet. He is referring to:
Reinforcing steel rods in the side walls of the building.
The inside dimensions of each room.
The exterior and architectural appearance.
The building and site relative to other sites.
Property once zoned as commercial is re-zoned as residential. This is referred to as:
Spot zoning.
Split zoning.
Down zoning.
Up zoning.
Which of the following statements concerning deed restrictions is correct?
A covenant includes conditions and equitable servitudes.
A violation of a condition can result in forfeiture of title to real property.
Private restricitons must be for public health, safety, and general welfare.
Covenants are more restrictive and costly for the owner than conditions.
Private restriction on the use of land may be created by:
Private land use controls.
Written agreement.
General plan restrictions in subdivisions.
All of the above.
Mr. Coronado has an easement granted by the government to extract minerals on a piece of property. Mr. Smith acquired the adjacent land and put up a fence which blocked Mr. Coronado's access. Regarding Mr. Smith's actions:
Mr. Coronado could sue for damages.
Mr. Smith had the right to put up the fence.
Mr. Coronado has no rights.
Mr. Smith could have Mr. Coronado arrested for trespassing.
The Statute of Limitations on action for removal of an encroachment is:
One year.
Two years.
Three years.
Five years.
An easement may be created for what length of time?
Perpetuity
The lifetime of a person
A term of years
Any of the above
By law, all cities must have:
A city council.
A building department.
A planning commission.
An assessment appeals board.
What is a kiosk?
A outside utility sink
A term for a sunken living room
A gazebo or pavilion
A type of foundation footing
A developer ordered two truckloads of backfill during the construction of a home. He ordered this for the purpose of:
Filling the area around the foundation.
Landscaping.
Septic tanks.
Drainage.
Which of the following zoning classifications would permit the construction of a tri-plex (multi-family residential dwelling)?
A-4
C-4
R-3
M-3
Which of the following is false regarding a "fee estate?"
It is freely transferable.
It is of definite duration.
It can be inherited.
None of the above.
Archer, Baker and Charles hold title to real property in joint tenancy. If Archer were to die:
Baker and Charles remain joint tenants.
Baker and Charles become tenants in common.
Baker and Charles acquire Archer's interest by succession.
Baker and Charles become tenants in common with Archer's wife.
The higher the EER rating:
The lower the BTU's.
The higher the BTU's.
The bigger the unit is.
The more watts needed to run the unit.
Concerning deed restrictions, which of the following is TRUE?
Zoning restrictions are public restrictions.
CC&R's are private restrictions.
Deed restrictions may be creatd by developers.
All of the above.
A negative declaration would indicate:
A negative influence of the development on the environment.
No significant influence of the development on the environment.
Greater operating expenses than income.
A developer's poor financial status to protect purchasers.
A flood hazard exists when an area floods:
Once a year.
Once in five years.
More than twice in ten years.
Three times in ten years.
What is considered real property?
Stock in a mutual water company
Unharvested crops
Crops sold with the property
All of the above
Ownership of an undivided interest in land with no right of survivorship is found in:
Fee simple defeasible estates.
Tenants in common.
Severalty.
Oint tenancy.
An estate in real property with an individual interest in the unit plus undivided interest in common areas, such as, swimming pools, parking, or shared walkways, describes which of the following?
Cooperative
Apartment community
Condominium
None of the above
California's housing and construction are regulated by:
Local building codes.
State Contractor's license laws.
The State Housing Act.
All of the above.
Which of the following is considered personal property?
Land
Physical improvements
Growing trees
Trust deed
A licensee who speaks of a "grandfather clause" is probably referring to:
Inheritance rights of a direct descendant
Public restrictions on the use of a property
A change in zoning
Continuation of a non-conforming use
To hold real property as tenants in common, the individuals must:
Be husband and wife.
Hold undivided interests.
Hold equal interests.
Arrange for possession.
The metal used by builders to prevent the seepage of water at certain joints in buildings is known as:
Guttering.
Draining.
Stoving.
Flashing.
The Williamson Act provides helps owners of farmland and open-space land in the form of:
Tax relief.
Regulatory relief.
Water relief.
Uilding permit relief.
Identifying property as "personal" or "real" can be difficult because personal property can:
Be alienated
Be transferred
Become real property
All of above
Riparian rights are best described as:
Reasonable use of adjacent water.
Exclusive use of adjacent water.
Reasonable use of private water.
Exclusive use of private water.
The city's master plan would include:
Access to water, drainage and sewage.
Subdivision design.
Future freeways.
All of the above.
What kind of architectural style has lots of large windows, an open plan, easy access to outside, simplicity?
Rural farm
Contemporary
Colonial
Ranch
Corn crops are harvested once-a-year. Which theory applies?
Doctrine of relation back
Doctrine of constructive severance
Doctrine of harvest and sale
Doctrine of fruitful labor
The rededication of land in an urban environment, usually open space, to new construction is referred to as:
Flipping.
Turning.
Infill.
Backfill.
When a governmental body takes private land for public use, it is accomplished through the right of:
Rescission.
Police power.
Eminent domain.
Reversion.
A "key lot" is:
The most desirable lot on the block.
The least desirable lot on the block.
The corner lot.
The lot which has the best orientation.
A property owner would post a notice of nonresponsibility to:
Perfect a security instrument.
Protect against unauthorized work.
Protect against judgments.
All of the above.
Which of the following "runs with the land?"
Appurtenant easement
Prescriptive easement
Potted plants
Trade fixtures
The rights of a landowner whose property line touches on a non-navigable river or flowing stream are called:
Sub-surface rights.
High-low water rights.
Correlative user rights.
Riparian rights.
What is a commercial acre?
An acre minus space for streets and parking.
An acre minus space for warehouse structures.
An acre minus space for all housing accommodations.
An acre minus space for schools and emergency services.
Rights of ownership include everything EXCEPT:
The right to will.
The right to gift.
The right to encumber.
The right of eminent domain.
Which is the most common type of easement on residential property?
In gross
Prescriptive
Adverse
Open-end
Gregorian owns an easement in Duran's property/land. Gregorian is not a property owner. What kind of easement does Gregorian have?
Easement in gross
Appurtenant easement
Easement by necessity
Easement by prescription
A covenant in Johnson's deed states that he may not operate a dog kennel on the property. Johnson proceeds to build a commercial dog kennel. Adjoining land owners would have recourse by:
Taking Johnson's property.
Suing Johnson for damages.
Seeking an injunction.
Filing criminal charges.
Smith and Jones own property as joint tenants. Jones, without Smith's knowledge or consent, encumbers his interest by borrowing $10,000. Before making any payments on the loan, Jones dies. Smith now owns the property:
Totally, but subject to the $10,000 loan.
With the mortgagee as joint tenants.
in severalty and without liability for the mortgage.
With the mortgagee as tenants in common.
When subdividers evaluate the topography of land,
Hillside topography is highly considered.
Hillside topography is least considered.
Hillside topography property is less desirable than flat mainstream property.
Topography is not a concern.
The designation "M" on a zoning map would stand for:
Multiple units.
Massive population.
Manufacturing.
Mobile homes.
Which of the following are known as artificial monuments?
Canals and streets
Streets and trees
Trees and fences
Fences and rocks
The technical definition of real property includes:
Anything immovable by law.
Chattel real.
Method of acquisition.
The right to possess and use to the exclusion of others.
A non-riparian landowner obtains the right to take water from another property by:
Percolation.
Appropriation.
Allocation.
Avulsion.
When water is returned to the water table by the process known as "percolation," the water belongs to:
The people.
The state.
The local water company.
The landowner above the water.
If a corporation buys property and takes title in its corporate name, it may hold title:
In severalty.
In joint tenancy.
As a limited partnership.
Any of the above.
A form of business organization in which the co-owners are fully liable for the company's debts is:
A general partnership.
A limited partnership.
A corporation.
All of the above.
Who is responsible for disclosure of a Mello-Roos bond against the property?
Seller
Seller's agent
Buyer's agent
Both buyer's and seller's agent
In real estate, the word "tenancy" means:
A tenacious person.
Two or more people joined in an enterprise.
A mode or method of holding title to real property.
A device.
Which of the following is considered real property?
Land and buildings
Artificial items which are immovable by law
Easements that convey rights-of-way over adjoining land
All of the above
Who of the following may file a valid mechanic's lien?
Architect
Truck driver
Subcontractor
All of the above
As spelled out in her deceased husband's will, Colleen can collect the rents from an apartment building for her lifetime, after which the apartment building goes to their church. Colleen holds a:
Fee estate.
Less-than-freehold estate.
Life estate.
None of the above.
Who regulates franchises in California?
Department Consumer Affairs (DCA)
California Department of Real Estate (DRE)
Department of Business Oversight (DBO)
Consumer Finance Protection Bureau (CPFB)
By conveying less than his fee estate, the grantor retains a:
Reversionary interest.
Remainder interest.
Limited interest.
Future interest.
Truman deeded his farm to his sons, "A", "B", and "C" as joint tenants. "B" sold his interest to "W". "A" died, but had previously willed his interest to "S" (his heir). "C" retained his inheritance. Ownership of the property would be:
"C" and "W" as tenants in common, with "C" having 2/3 interest and "W" having 1/3 interest.
"W" and "C" as joint tenants.
Undecided until probate of "A's" estate has been completed.
"S", "W", and "C" as tenants in common, each having 1/3 interest.
Joan Black owned property in severalty as a single woman. She later married and owned the property under her married name, Joan Redding. This may be confusing in the future because:
It will create a cloud on the title.
It may cause the property to automatically become community property.
It automatically creates a joint tenancy.
It may jeopardize her ownership rights.
The "classical definition" of property ownership is ownership of:
The surface only.
Horizontal and vertical areas above and below the property.
Everything below the property in the shape of an inverted pyramid with its apex at the center of the earth and infinite airspace.
All that one can perceive.
Adams has an easement over Baker's property. Adams leaves town for 21 years. When he returns, does he still have an easement over Baker's land?
No, because he was gone 20 years.
Yes, he still has the easement right, since he was not gone over 30 years.
Yes, Adams still has the easement.
No, because Adams abandoned the easement.
The doctrine of constructive severance applies to:
Removal of fixtures.
Sales of growing crops.
Removal of trade fixtures.
Moving of buildings.
An attachment lien is good:
Forever.
For two years.
For three years from the date of levy.
For five years.
A developer of a condominium project placed a restriction in the CC&Rs saying that no condominium owner could place a "for sale" sign in front of their condominium until all of the original condominiums had been sold. Regarding this restriction:
It is unenforceable because it infringes on the owner
It is enforceable and does not infringe on the owner
It is unenforceable because it hurts prospective buyers
It is unenforceable because it is discriminatory
Which of the following is an example of police power?
Zoning
Building codes
Health and safety codes
All of the above
The term "infill" is most closely defined as:
An old building torn down and rebuilt.
A building renovated for recreational facilities.
A commercial building built on an empty lot in a commercially developed area.
Excavation of property for a new housing development.
A limited partner is:
Limited to a 40 hour work week.
The same in terms of liability as the general partners.
Unlimited as to personal liability.
Limited as to his/her personal liability.
All of the following may use the power of eminent domain EXCEPT:
Railroads
Power companies
Sanitation districts
California Bureau of Real Estate
Which of the following is the largest parcel of land?
10% of a township
2 sections
4 square miles
5,280' x 10,560'
All of the following are considered less-than-freehold estates EXCEPT:
An estate for years.
A life estate.
A periodic tenancy.
An estate at sufferance.
The word "fee" as used in connection with real estate means:
Fee simple title.
Advance commission.
Estate of inheritance.
Listing price.
A grant deed that conveys title to real property without limitation is called a:
Fee simple estate.
License.
Qualified estate.
Leasehold estate.
In order to find the architectural details of the footing, pier blocks, and sub-floor, a contractor or real estate broker would look at a(n):
Plot plan.
Floor plan.
Elevation plan.
Foundation plan.
Which of the following is NOT automatically included in a sale unless stated?
Mineral rights
Manufactured home not on a permanent foundation
An industrial building
A watercourse appurtenant to the land
A builder was going to build a home on a 75' x 125' lot, and wanted it to fit in relation to its surroundings. This placement would be known as:
Orientation.
Elevation.
Plottage.
Topography.
What is the closest measurement in linear feet of the sides of a square, one acre parcel of land?
201
208
213
215
Acquisition of property by its incorporation with other property is known as:
Accession.
Succession.
Recession.
Commingling.
A property owner, whose house is located next to the landing strip of a small airport, successfully sued and received judgment against the airport, forcing them to buy his house. This is known as:
Equitable severance.
Inverse condemnation.
Condemnation.
Eminent domain.
The best way to test for radon gas in a building is with a:
Charcoal radon test kit.
Radon water test kit.
Short term radon test.
Spectrometer.
A water company's right to run a water line through private property would most likely be:
Riparian rights.
Correlative rights.
An easement in gross.
A dominant tenement.
A lessee can remove:
Fixtures installed by the tenant for manufacture.
Fixtures installed by the tenant for domestic use.
Trade fixtures.
All of the above.
In the event of a conflict between local building codes and the Health and Safety Code, which would prevail?
Health and Safety Code
Local building code
The more stringent of the two
The one selected after a hearing
An "S" corporation:
Is taxed as a partnership.
Avoids corporate taxation.
Passes tax liability through to shareholders.
All of the above.
Which of the following is considered a "fee estate?"
Estate with no limitations
Life estate
Estate for years
All of above
"A" sells a farm to "B". Crops are growing on the farm. "A" wants to harvest the crops. Who owns the crops?
A
B
Both A and B
Neither A nor B
Before damming or diverting water, a landowner must have permission from:
The local flood control district
The state water commission
Adjoining land owners
All of the above
California's community property laws are a holdover from:
English common law.
Ethical conduct statutes.
Spanish law.
None of the above.
Where there is a conflict between local building codes and the State Housing Act, which will prevail?
Local building codes in unincorporated areas
Local building codes, since they are more specific than the State Housing Act
The one with the highest safety standards
State law has precedence
Which of the following DOES NOT "go with the land?"
Easement by necessity
Easement by prescription
All easements
Easement in gross
Taylor was injured while swimming in Smith's new pool. Taylor obtained a $2,500 judgment against Smith and recorded an abstract of judgment with the county recorder. The type of lien imposed was:
A voluntary lien.
A specific lien.
A general lien.
An equitable lien.
To obtain an easement by prescription, one must:
Use the property.
Live on the property.
Maintain the property.
Pay for the property.
A mechanic's lien filed today would undoubtedly take precedence over:
A mortgage filed yesterday.
An unrecorded deed delivered last week.
A tax lien to be filed tomorrow.
None of the above.
An easement differs from a license in that a license:
Must be created by written instrument.
Is of indefinite duration.
May be assigned.
May be revoked.
Which of the following is true regarding the separate rights of tenants in common?
Each owner has the right to possession of the entire property.
One owner cannot institute an action in court to divide the property.
One owner cannot convey his/her interest without the consent of the others.
One owner can exclude the other owners from possessing any of the property.
A, B, and C are co-owners of real property in joint tenancy. C sells his interest to D and shortly thereafter, dies. If C had also executed a will, leaving all of his property to his sole heir (whom we shall call E), title to the property would vest as:
A and B as joint tenants, together with D a tenant in common.
A and B as joint tenants, together with E a tenant in common.
A, B, and D as tenants in common.
A and B as joint tenants.
A brother and sister CANNOT hold property as:
Tenants in common.
Joint tenants.
Community property.
A partnership.
The eave of your neighbor's new house hangs six inches over your land. This describes a(n):
Encroachment.
Easement.
Private insurance.
Encumbrance.
If the interior side of an exterior wall is the same temperature to the touch on a winter day as the interior adjacent wall, this would indicate:
It's not that cold outside.
There is plenty of heating duct work in that room.
The home has a good heating system.
There is adequate wall insulation.
If the interior side of an exterior wall is the same temperature to the touch on a winter day as the interior adjacent wall, this would indicate:
It's not that cold outside.
There is plenty of heating duct work in that room.
The home has a good heating system.
There is adequate wall insulation.
The vertical structural support members are attached to the:
Mud sill.
Header.
Sole plate.
None of the above
The vertical structural support members are attached to the:
Mud sill.
Header.
Sole plate.
None of the above
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