Legal Aspects of Real Estate, Fifth Edition Quizzes

1 1 QuizzesLegal Aspects of real estate , Fifth Edition QuizzesInstructions: Quizzes are open book. All answers are multiple choice. Answer key for the online and CD-ROM book is located on page 16. Answer key for the printed book is located on page 1 Chapters 1-51. Under _____, Legal disputes were settled on a case-by-case basis before a the English common law c. the Mexican civil lawb. the Spanish Legal system d. None of the The federal and state governments are divided into these branches:a. executive, statutory and legislative. c. legislative, executive and judicial, constitutional and executive. d. constitutional, statutory and _____ is the power of the state or local government to protect the public Eminent domain c. The power to taxb. Police power d. None of the Covenants, conditions and restrictions (CC&Rs) which limit subdivision sales to nonminorities vio-late:a.

2 Federal commerce clauses. c. rent control equal protection laws. d. All of the above. 5. California has a three-tiered court system consisting of:a. trial courts, superior courts and appellate superior courts, night courts and trial supra courts, the Supreme Court and night trial courts, appellate courts and the Supreme Venue in the state court refers to the _____ by county, whereas _____ refers to the power to decide a jurisdiction; location c. location; jurisdictionb. location; venue d. jurisdiction; venue7. A due-on clause which exists in a lender s trust deed is also called a(n):a. alienation clause. c. subordination petition. d. attornment clause. 8. Unreasonable interference with the transfer of a real property interest is a Legal rule called:a. conditions restraining alienation.

3 C. constitutional due process. d. None of the F. Supp. in a case citation indicates a decision of:a. a federal appellate court. c. the Federal District the Ninth Circuit of the United States Court d. None of the In the published opinion of a case, the publisher s commentary on the case facts and law applied should be considered a(n) _____ source of primary c. infallibleb. secondary d. None of the Aspects of real estate , Fifth EditionQuiz 2 Chapters 6-91. real estate is characterized as:a. movable. c. Either a. or immovable. d. Neither a. nor The first component of real estate is land, which includes:a. soil. c. reasonable airspace above the rocks. d. All of the The intent to make an item a fixture can be determined by:a. the manner and duration of the purpose of the item and its the manner of attachment, use and purpose of the the use of the item and its physical A tenant holds a(n) _____ in real estate for a fixed period of fee interest c.

4 Leasehold interestb. fee simple interest d. life estate interest5. In a _____, a landlord and tenant agree to successive rental periods of the same length, such as in a month-to-month periodic tenancy c. tenancy-at-sufferanceb. tenancy-at-will d. None of the A(n) _____ grants its holder a nonexclusive personal privilege to use easement c. covenantb. license d. lease7. On expiration of a lease, the passage of real estate fixtures from the tenant to landlord is a convey-ance called:a. forfeiture. c. tariff. d. 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:a. holdover tenant. c. Both a. and tenant-at-sufferance. d. Neither a. nor The flexibility of a _____ allows a landlord and tenant to terminate a month-to-month tenancy by giving the appropriate notice to vacate to the other periodic tenancy c.

5 Tenancy at sufferanceb. fixed-term tenancy d. tenancy at will10. An occupant of a vacation property, motel or hotel for less than 30 days is classified as a:a. lien holder. c. residential property transient occupant. d. commercial property 3 Chapters 10-13 1. 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. lease. d. When an individual makes substantial expenditures to improve his use of another person s property in reliance on the oral consent of the property owner, the license becomes:a. irrevocable. c. revocable. d. _____ refer to a landowner s incidental property right to withdraw water from an adjacent river for beneficial use on his riparian Appropriative rights c.

6 Riparian rightsb. Prescriptive rights d. Overlying rights4. The right to use riparian water is a(n) _____ and incidental right which is attached to the ownership of real appurtenant c. percolatoryb. unreasonable d. correlative5. California established the _____ to act as a referee for all disputes over water Department of real estate (DRE)b. Department of Motor Vehicles (DMV)c. Federal Water Conservation Authority (FWCA)d. State Water Resources Control Board6. Similar to appropriative rights, prescriptive rights may be lost by abandonment after _____ two c. fourb. three d. None of the above. 7. While conveying ownership of public trust property, the state of California _____ the public s right to the use of the navigable waters _____ the land cannot completely convey away; flowing overb.

7 Can completely convey away; flowing overc. cannot completely convey away; flowing neard. can completely convey away; flowing near8. An agreed boundary which remains in place for more than ____ years is binding on subsequent own-ers even if the recorded Legal description is two c. fourb. three d. five9. Written or oral agreements on a boundary s location are called _____ since they are not implied agreements c. uncertain agreementsb. express agreements d. probable agreements10. The agreed-boundary doctrine cannot be used to:a. make a lot line adjustment. c. Both a. and convey property. d. Neither a. nor Aspects of real estate , Fifth EditionQuiz 4 Chapters 14-171. Party walls may be in the form of ____ which are co-owned by adjacent property owners. a. fences c.

8 Wallsb. buildings d. All of the Shrubbery or trees whose trunks stand partly on the land of two adjacent property owners are called:a. line trees. c. common boundary trees. d. Both a. and An improvement on real estate which extends onto property belonging to another person without his consent qualifies as a(n):a. trespass. c. encroachment. d. All of the Once an encroachment has been determined, the remedies available to the owner include:a. money damages for the diminished value of the property subject to the an injunction ordering the removal of the reporting the criminal trespass for its Both a. and b. 5. When the continuance of an encroachment on an owner s property is permitted, the encroaching neighbor is granted a(n) _____ to maintain the improvement on the owner s sublease c.

9 Injunctionb. equitable easement d. All of the above. 6. An owner seeking to terminate an encroachment or recover his money losses is generally subject to a _____ statute of limitations running from the commencement of the two-year c. five-year b. three-year d. None of the A(n) _____ is any condition which prevents an owner s free use or enjoyment of his property or is injurious to his nuisance c. trespassb. common boundary dispute d. abated continuous encroachment8. A city s right of way includes:a. curbs, gutters and an easement on private street light poles, personal property and streets and highways, gutters and street side plots of soil or grassy areas with all unfenced property, streets and If a city charter and the statutory tree policy are in conflict, _____ will the city charterb.

10 The statutory tree policyc. it is up to the governor to determine whether the charter or statutory tree policyd. the discretion of the federal government10. If the city is to remove a dangerous tree growing on private property, the city must provide the prop-erty owner with _____ before removing the oral notice ten days c. oral notice 30 daysb. written notice ten days d. written notice 30 days 5 QuizzesQuiz 5 Chapters 18-191. A(n) _____ is an interference with another s possession of real abated nuisance c. easementb. trespass d. All of the _____ includes entering the property possessed by another in case of emergency to abate a nui-sance or to serve Legal Privileged entries c. Transient possessionb. Forcible detainer d. Right of way 3. Examples of trespass resulting from indirect entry include:a.