CALIFORNIA REAL ESTATE SALESPERSON EXAM
QUESTIONS COMPLETE WITH VERIFIED ANSWERS
1. Which of the following is considered real property under California
law?
A) A growing crop that is cultivated annually
B) Mineral rights that have been severed from the surface estate
C) A trade fixture installed by a commercial tenant
D) Standing timber that has been sold under a separate contract
Rationale: Under California Civil Code §658, real property includes land,
that which is affixed to the land, that which is incidental or appurtenant
to the land, and that which is immovable by law. Mineral rights, even
when severed from the surface estate, remain an interest in real
property. Growing crops (emblements) are generally considered
personal property until severed, and trade fixtures installed by a
commercial tenant remain the tenant's personal property.
2. A property owner grants a neighbor the right to cross her land to
reach a public beach. This right is best described as:
A) A lien
B) An easement appurtenant
C) A profit à prendre
D) A restrictive covenant
Rationale: An easement appurtenant is a non-possessory interest in
land that benefits a neighboring parcel (the dominant tenement) and
burdens the grantor's parcel (the servient tenement). Because the right
,of access benefits the neighbor's land, it runs with the land and is
appurtenant.
3. In California, which of the following is an example of a freehold
estate?
A) A tenancy for years
B) A periodic tenancy
C) A life estate
D) A tenancy at will
Rationale: Freehold estates, such as fee simple and life estates, have a
duration that is not fixed or ascertained. Leasehold estates, including
tenancy for years, periodic tenancy, and tenancy at will, are limited in
duration and are generally not considered ownership of property.
4. An item of personal property that is permanently attached to land
or a building is called a:
A) Trade fixture
B) Emblement
C) Fixture
D) Chattel
Rationale: A fixture is an item of personal property that has been so
attached to land or a building that it is considered part of the real
property. Trade fixtures are items installed by a commercial tenant and
remain personal property. Emblements are growing crops. Chattel is a
term for personal property.
5. Which of the following is a governmental right in land that allows
the government to take private property for public use upon payment
of just compensation?
A) Police power
,B) Taxation
C) Eminent domain
D) Escheat
Rationale: Eminent domain is the government's power to take private
property for public use, provided the owner receives just compensation.
Police power is the government's authority to regulate land use for the
public health, safety, and welfare. Taxation and escheat are other
governmental powers.
6. A restrictive covenant in a deed is an example of:
A) A public control
B) A private control
C) A governmental right
D) An encumbrance
Rationale: Restrictive covenants are private controls, typically created
by deed restrictions or CC&Rs, that limit the use of land. They are a
form of encumbrance. Public controls include zoning and building
codes.
7. Which of the following is NOT a test for determining whether an
item is a fixture?
A) Method of attachment
B) Cost of the item
C) Adaptation to the property
D) Agreement between the parties
Rationale: Courts consider the method of attachment, adaptation of
the item to the property's use, and any agreement between the parties.
The cost of the item is not a legal test for fixture status.
, 8. A tenancy in common differs from a joint tenancy in that:
A) It requires the co-owners to acquire title at the same time
B) It does not include the right of survivorship
C) It requires equal shares among co-owners
D) It can only be created by a will
Rationale: Tenancy in common does not include the right of
survivorship; a deceased co-owner's share passes to their heirs. Joint
tenancy requires unity of time, title, interest, and possession, and
includes the right of survivorship. Tenancy in common does not require
equal shares.
9. Community property in California is property acquired:
A) Before marriage
B) During marriage by either spouse
C) By inheritance during marriage
D) As a gift during marriage
Rationale: Community property is property acquired during marriage
by the efforts of either spouse. Property acquired before marriage, or
by inheritance or gift during marriage, is generally separate property.
10. The term "riparian rights" refers to:
A) The right to appropriate water from a stream regardless of land
ownership
B) The right of a landowner whose property borders a watercourse to
use the water
C) The right to store water for later use
D) The right to divert water to non-riparian land
Rationale: Riparian rights belong to landowners whose property is
adjacent to a watercourse, allowing them to use a share of the water.
QUESTIONS COMPLETE WITH VERIFIED ANSWERS
1. Which of the following is considered real property under California
law?
A) A growing crop that is cultivated annually
B) Mineral rights that have been severed from the surface estate
C) A trade fixture installed by a commercial tenant
D) Standing timber that has been sold under a separate contract
Rationale: Under California Civil Code §658, real property includes land,
that which is affixed to the land, that which is incidental or appurtenant
to the land, and that which is immovable by law. Mineral rights, even
when severed from the surface estate, remain an interest in real
property. Growing crops (emblements) are generally considered
personal property until severed, and trade fixtures installed by a
commercial tenant remain the tenant's personal property.
2. A property owner grants a neighbor the right to cross her land to
reach a public beach. This right is best described as:
A) A lien
B) An easement appurtenant
C) A profit à prendre
D) A restrictive covenant
Rationale: An easement appurtenant is a non-possessory interest in
land that benefits a neighboring parcel (the dominant tenement) and
burdens the grantor's parcel (the servient tenement). Because the right
,of access benefits the neighbor's land, it runs with the land and is
appurtenant.
3. In California, which of the following is an example of a freehold
estate?
A) A tenancy for years
B) A periodic tenancy
C) A life estate
D) A tenancy at will
Rationale: Freehold estates, such as fee simple and life estates, have a
duration that is not fixed or ascertained. Leasehold estates, including
tenancy for years, periodic tenancy, and tenancy at will, are limited in
duration and are generally not considered ownership of property.
4. An item of personal property that is permanently attached to land
or a building is called a:
A) Trade fixture
B) Emblement
C) Fixture
D) Chattel
Rationale: A fixture is an item of personal property that has been so
attached to land or a building that it is considered part of the real
property. Trade fixtures are items installed by a commercial tenant and
remain personal property. Emblements are growing crops. Chattel is a
term for personal property.
5. Which of the following is a governmental right in land that allows
the government to take private property for public use upon payment
of just compensation?
A) Police power
,B) Taxation
C) Eminent domain
D) Escheat
Rationale: Eminent domain is the government's power to take private
property for public use, provided the owner receives just compensation.
Police power is the government's authority to regulate land use for the
public health, safety, and welfare. Taxation and escheat are other
governmental powers.
6. A restrictive covenant in a deed is an example of:
A) A public control
B) A private control
C) A governmental right
D) An encumbrance
Rationale: Restrictive covenants are private controls, typically created
by deed restrictions or CC&Rs, that limit the use of land. They are a
form of encumbrance. Public controls include zoning and building
codes.
7. Which of the following is NOT a test for determining whether an
item is a fixture?
A) Method of attachment
B) Cost of the item
C) Adaptation to the property
D) Agreement between the parties
Rationale: Courts consider the method of attachment, adaptation of
the item to the property's use, and any agreement between the parties.
The cost of the item is not a legal test for fixture status.
, 8. A tenancy in common differs from a joint tenancy in that:
A) It requires the co-owners to acquire title at the same time
B) It does not include the right of survivorship
C) It requires equal shares among co-owners
D) It can only be created by a will
Rationale: Tenancy in common does not include the right of
survivorship; a deceased co-owner's share passes to their heirs. Joint
tenancy requires unity of time, title, interest, and possession, and
includes the right of survivorship. Tenancy in common does not require
equal shares.
9. Community property in California is property acquired:
A) Before marriage
B) During marriage by either spouse
C) By inheritance during marriage
D) As a gift during marriage
Rationale: Community property is property acquired during marriage
by the efforts of either spouse. Property acquired before marriage, or
by inheritance or gift during marriage, is generally separate property.
10. The term "riparian rights" refers to:
A) The right to appropriate water from a stream regardless of land
ownership
B) The right of a landowner whose property borders a watercourse to
use the water
C) The right to store water for later use
D) The right to divert water to non-riparian land
Rationale: Riparian rights belong to landowners whose property is
adjacent to a watercourse, allowing them to use a share of the water.
