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Exam (elaborations)

TREBS EXAM PREP SALES AGENT ATTEMPT -1 - QUESTIONS

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TREBS EXAM PREP SALES AGENT ATTEMPT -1 - QUESTIONS

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TREBS EXAM PREP SALES AGENT ATTEMPT #1 -
QUESTIONS
An example of an appurtenance to land is:
A. An easement in gross
B. A bill of sale
C. An assignment
D. A sublet - Answer -Rationale: A is the correct answer. Appurtenances are those
rights, privileges, and improvements that belong to and pass with the transfer of real
property but are not necessarily a part of the property, such as rights-of-way,
easements, water rights, and property improvements. An easement that is not created
for the benefit of the land owned by the owner of the easement. For example, a utility
easement would be an easement in gross.

What is a legal description that uses longitude, latitude, townships and sections called?
A. Metes and bounds
B. A rectangular government survey
C. A recorded subdivision plat
D. Lot and block - Answer -Rationale: B is the correct answer. The rectangular
government survey is also called the government survey system. This system uses
latitude lines, longitude lines, standard parallels, and baselines to divide the earth into
areas. These areas are called townships.

Which one of the following instruments does NOT transfer an interest in real estate?
A. An option
B. A lease
C. A bill of sale
D. An agreement of sale - Answer -Rationale: C is the correct answer. A bill of sale is
used to convey personal property while a deed is an instrument used to convey real
property.

When the government takes privately owned property for public use it is called:
A. Easement
B. Eminent domain
C. Public domain
D. Adverse possession - Answer -Rationale: B is the correct answer. It is the
government's
right (under police power) to take privately held land for public use. The process of
taking the land is called
"condemnation."

A landowner may ask for a variance when he wishes to be allowed to deviate from:
A. Permitting
B. Deed restrictions
C. Zoning

,D. Fire codes - Answer -Rationale: C is the correct answer. Variance enables s
landowner to change the use of a property without changing the zoning. Variances may
be given for setback requirements, required number of parking spaces on the property,
or minimum square footage for the lot size. Spot zoning allows a zoning change on only
a small part of the land.

To create an easement by prescription the following must happen:
A. Constant use of the land for the state number of years
B. Open and notorious use of land
C. Hostile and adverse use of the land
D. All of the above - Answer -Rationale: D is the correct answer. A person may acquire
an easement by using the servient land a particular way for a long period of time. Such
an easement is called a
prescriptive easement. The user gets an easement by
openly, adversely, continuously, and exclusively using the land for a number of years
specified by state statute. Acquiring an easement by prescription today is similar to
acquiring title to land by adverse possession. The difference is simply that if the adverse
use doesn't amount to possession but is merely the use of the servient land, the
adverse user acquires an easement to continue that use rather than complete
ownership of the land.

What is an example of a voluntary lien?
A. Mechanic's lien
B. Income tax lien
C. Mortgage lien
D. Judgment lien - Answer -Rationale: A is the correct answer. A mortgage lien is put
on the property voluntarily by the buyer. Mechanic's liens, judgment liens, and tax liens
are all INVOLUNTARY liens (put on by contractors, judges, and the IRS).

Kim lives in a home that has underground utility lines buried in the back yard. This is an
example of a utility easement. A utility easement is also called:
A. A fee simple estate
B. An easement in gross
C. A deed restriction easement
D. A renewal easement - Answer -Rationale: The correct answer is B. The easement in
gross
allows the utility company to erect and maintain utility
equipment on or under the homeowners' land. The owner of
the land is allowed reasonable use of the land over which
the easement runs.

Mike gave land to the university. Mike will not allow the university to use the land for any
sports activities. If the land is used for sports activities, the land will revert to Mike. This
is a:
A. Fee simple estate
B. Life estate

, C. Defeasible fee estate
D. Estate for years - Answer -Rationale: C is the correct answer. In defeasible fee
estates, the grantor gives land to the grantee, subject to certain conditions. The effect of
the defeasible fee is that it restricts the use of the property by the possessor. Failure to
observe the conditions causes the property to revert to the grantor. A fee simple estate
subject to a condition subsequent is very similar to a defeasible fee estate. The only
difference is that in a condition subsequent, the owner must go to court to take the
property back.

Recording a deed:
A. Guarantees fee simple title
B. Is the final step in the transfer of title
C. Is required before resale of the property
D. Protects ownership and safeguards against fraudulent sale - Answer -Rationale: D is
the correct answer. Recording a deed is done in the county where the property is
located. This act protects ownership and safeguards against fraudulent sale.

Of the following, what can't be assigned?
A. A lease
B. A real estate contract
C. A mortgage
D. A deed - Answer -Rationale: D is correct. A deed cannot be assigned. A
mortgage can be transferred from the original lender or
borrower to a third party. An assignable lease is the saleable remaining portion of a
lease that a licensee wishes to sell. A real estate contract assignment cannot be done
on all transactions.

A lien that is placed on the property by someone who furnished labor or materials for
the property and has not been paid is called a:
A. Mechanics lien
B. Tax lien
C. Deed of trust lien
D. Mortgage lien - Answer -Rationale: The correct answer is A. A mechanics lien must
be filed in the county in which the property is located.

What type of notice is it called when a notice is given directly to a person and received
by that person?
A. Constructive notice
B. Actual notice
C. Relative notice
D. Improper notice - Answer -Rationale: B is the correct answer. Actual notice is given
and received directly to a person.

What is the notice called when the title transfer of a property is publicly recorded?
A. Appropriate notice
B. Public notice

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