TREBS EXAM PREP SALES AGENT ATTEMPT #3 –
QUESTIONS & ANSWERS
What is a legal description that starts at the point of beginning, describes the property's
boundaries, and returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - Answer -Rationale: B is the correct answer. Where
the survey starts is called the point of beginning (POB) or point of commencement
(POC), and the survey must always return to the POB to enclose the entire property.
The surveyor refers to a permanent reference mark in relation to the monument. The
two are said to be connected by a connection line. A benchmark is often used as the
permanent reference mark. The benchmark can be an engraved brass disk set in
concrete. It gives location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same
position on the globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - Answer -Rationale: D is the correct answer. Nonhomogeneity is a
lack of uniformity or dissimilarity. Because no two parcels of land are exactly alike, real
estate is said to be nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
D. Latent defect - Answer -Rationale: B is the correct answer. Anything that "hangs
over" another's property is considered an encroachment.
A hospital is being built in an area that is zoned residential. The hospital will be a benefit
to the public. The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - Answer -Rationale: B is the correct answer. A conditional use
permit allows the city to consider uses which may be essential or desirable, but which
are not allowed as a matter of right within a zoning district, through a public hearing
process. A conditional use permit can provide flexibility within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the
property does not have access to the street. John must give the owner of the back lot
an ____________ across the front lot.
,A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - Answer -Rationale: C is the correct answer. In Texas, property cannot
be landlocked, and the owner of the property must give access to another. This is called
easement by necessity.
An encumbrance affecting the title of a property such as a mortgage on the property is
a:
A. Cloud on title
B. Contract
C. Personal rights
D. Bill of sale - Answer -Rationale: A is the correct answer. A mortgage encumbrance
would create a cloud on the title, meaning it "clouds" clear title to the property.
What is a license to use land?
A. An estate in land
B. A personal privilege given to someone to use land
C. A type of lease
D. Limited to 500 acres - Answer -Rationale: B is the correct answer. A license to use
land is a personal privilege given to someone to use land. It is not ownership in land. An
example of a license to use land could be a ticket to a sporting event or a movie theater.
Deed restrictions are also known as:
A. Covenants, Conditions, and Restrictions
B. CC&Rs
C. Both A and B
D. None of the above - Answer -Rationale: C is the correct answer. Real estate deed
restrictions are written into a property's deed and can take the form of conditions,
covenants, and restrictions (sometimes called "CC&Rs"). The property's past or present
owner, developer, builder, neighborhood, or homeowner's association usually imposes
them. Deed restrictions are usually aimed at ensuring that there is an aesthetic
uniformity between your property and neighboring properties and that certain other
activities are limited. Reasons for including these restrictions may be to maintain the
value of a property or to promote good relations within a residential community.
Jim leased an apartment in Austin. The lease began on March 1 and ended on
September 30. The lease did not automatically renew for another 6 months. The lease
is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - Answer -Rationale: C is the correct answer. An estate for
years is a lease with a definite beginning date and end date.
In the deed, the clause which sets forth the extent of the title being conveyed is:
, A. The hereditament
B. The demising clause
C. The indenture clause
D. The habendum clause - Answer -Rationale: D is the correct answer. The habendum
clause often follows the granting clause and states the interest being conveyed, Fee
Simple, Life Estate, or Defeasible Fee. The habendum clause begins with the words "to
have and hold."
A title insurance policy to protect the lender is called the:
A. Mortgagee's policy
B. Owner's policy
C. Quiet title policy
D. Attorney's policy - Answer -Rationale: A is the correct answer. The mortgagee is the
lender. The title policy protects the lender.
The clause that gives the lender the right to call in the note if the mortgaged property is
sold or otherwise conveyed by the borrower, is known as the:
A. Due-on-sale clause
B. Alienation clause
C. Both A and B
D. Neither A nor B - Answer -Rationale: C is the correct answer. If an owner defaults,
it's called acceleration. If the owner sells and the note is called due at the time of the
sale, it is called alienation or due-on-sale.
What lien is superior to all other liens?
A. Mortgage lien
B. Mechanic's lien
C. Tax lien
D. Variable lien - Answer -Rationale: C is the correct answer. A property tax lien is
placed on all properties at the beginning of each year. It is superior to any other lien. If
property tax is not paid, the government can foreclose the property. It is an involuntary,
specific lien.
A license holder who gives advice or opinion as to the legal effect of a contract or gives
opinions concerning the status or validity of title to real estate:
A. Is allowed to do this if they are a broker
B. Is practicing law
C. May give legal opinions to a client but not to a customer
D. May give legal opinions if they have been a broker for four years - Answer -
Rationale: B is the correct answer. You cannot give legal advice — period. If you do
give legal advice to a buyer or seller, you could have your license suspended or
revoked.
What would NOT be considered a property lien?
A. Special assessments
B. Property taxes
QUESTIONS & ANSWERS
What is a legal description that starts at the point of beginning, describes the property's
boundaries, and returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - Answer -Rationale: B is the correct answer. Where
the survey starts is called the point of beginning (POB) or point of commencement
(POC), and the survey must always return to the POB to enclose the entire property.
The surveyor refers to a permanent reference mark in relation to the monument. The
two are said to be connected by a connection line. A benchmark is often used as the
permanent reference mark. The benchmark can be an engraved brass disk set in
concrete. It gives location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same
position on the globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - Answer -Rationale: D is the correct answer. Nonhomogeneity is a
lack of uniformity or dissimilarity. Because no two parcels of land are exactly alike, real
estate is said to be nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
D. Latent defect - Answer -Rationale: B is the correct answer. Anything that "hangs
over" another's property is considered an encroachment.
A hospital is being built in an area that is zoned residential. The hospital will be a benefit
to the public. The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - Answer -Rationale: B is the correct answer. A conditional use
permit allows the city to consider uses which may be essential or desirable, but which
are not allowed as a matter of right within a zoning district, through a public hearing
process. A conditional use permit can provide flexibility within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the
property does not have access to the street. John must give the owner of the back lot
an ____________ across the front lot.
,A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - Answer -Rationale: C is the correct answer. In Texas, property cannot
be landlocked, and the owner of the property must give access to another. This is called
easement by necessity.
An encumbrance affecting the title of a property such as a mortgage on the property is
a:
A. Cloud on title
B. Contract
C. Personal rights
D. Bill of sale - Answer -Rationale: A is the correct answer. A mortgage encumbrance
would create a cloud on the title, meaning it "clouds" clear title to the property.
What is a license to use land?
A. An estate in land
B. A personal privilege given to someone to use land
C. A type of lease
D. Limited to 500 acres - Answer -Rationale: B is the correct answer. A license to use
land is a personal privilege given to someone to use land. It is not ownership in land. An
example of a license to use land could be a ticket to a sporting event or a movie theater.
Deed restrictions are also known as:
A. Covenants, Conditions, and Restrictions
B. CC&Rs
C. Both A and B
D. None of the above - Answer -Rationale: C is the correct answer. Real estate deed
restrictions are written into a property's deed and can take the form of conditions,
covenants, and restrictions (sometimes called "CC&Rs"). The property's past or present
owner, developer, builder, neighborhood, or homeowner's association usually imposes
them. Deed restrictions are usually aimed at ensuring that there is an aesthetic
uniformity between your property and neighboring properties and that certain other
activities are limited. Reasons for including these restrictions may be to maintain the
value of a property or to promote good relations within a residential community.
Jim leased an apartment in Austin. The lease began on March 1 and ended on
September 30. The lease did not automatically renew for another 6 months. The lease
is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - Answer -Rationale: C is the correct answer. An estate for
years is a lease with a definite beginning date and end date.
In the deed, the clause which sets forth the extent of the title being conveyed is:
, A. The hereditament
B. The demising clause
C. The indenture clause
D. The habendum clause - Answer -Rationale: D is the correct answer. The habendum
clause often follows the granting clause and states the interest being conveyed, Fee
Simple, Life Estate, or Defeasible Fee. The habendum clause begins with the words "to
have and hold."
A title insurance policy to protect the lender is called the:
A. Mortgagee's policy
B. Owner's policy
C. Quiet title policy
D. Attorney's policy - Answer -Rationale: A is the correct answer. The mortgagee is the
lender. The title policy protects the lender.
The clause that gives the lender the right to call in the note if the mortgaged property is
sold or otherwise conveyed by the borrower, is known as the:
A. Due-on-sale clause
B. Alienation clause
C. Both A and B
D. Neither A nor B - Answer -Rationale: C is the correct answer. If an owner defaults,
it's called acceleration. If the owner sells and the note is called due at the time of the
sale, it is called alienation or due-on-sale.
What lien is superior to all other liens?
A. Mortgage lien
B. Mechanic's lien
C. Tax lien
D. Variable lien - Answer -Rationale: C is the correct answer. A property tax lien is
placed on all properties at the beginning of each year. It is superior to any other lien. If
property tax is not paid, the government can foreclose the property. It is an involuntary,
specific lien.
A license holder who gives advice or opinion as to the legal effect of a contract or gives
opinions concerning the status or validity of title to real estate:
A. Is allowed to do this if they are a broker
B. Is practicing law
C. May give legal opinions to a client but not to a customer
D. May give legal opinions if they have been a broker for four years - Answer -
Rationale: B is the correct answer. You cannot give legal advice — period. If you do
give legal advice to a buyer or seller, you could have your license suspended or
revoked.
What would NOT be considered a property lien?
A. Special assessments
B. Property taxes
