Exam Prep Questions with Correct Answers.
The right to control one's property includes all of the following EXCEPT
1 the right to invite people on the property.
2 the right to exclude the utilities meter reader.
3 the right to erect "no trespassing" signs.
4 the right to enjoy pride of ownership. - Correct Answer-the right to exclude the utilities
meter reader.
This right to enter and work on a property is granted to utility companies (water, sewer,
gas and electric) as well as telephone and cable companies. Essentially, if a company
provides a service and owns the equipment (e.g., phone and cable lines), they are usually
granted an easement.uh
Which of the following types of ownership CANNOT be created by operation of law, but
must be created by the parties' expressed intent?
1 Community property
2 Tenancy in common
3 Condominium ownership
4 Tenancy by the entireties - Correct Answer-Tenancy by the entireties
Tenancy by the entireties is a form of ownership that husbands and wives can choose or
create by deciding to do so and declaring it as such in contracts and deeds. Tenancy in
common is put in motion by state law. Community Property is a law of ownership that
exists in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington
and some other states. Tenancy by the Entireties is an estate that is recognized in some
states between husband and wife, who have equal right of possession and enjoyment
during their joint lives and with the right of survivorship--that is when one dies, the property
goes to the surviving tenant. (In many states, if couples do not specify "Joint Tenancy,"
this form of ownership will be automatically assumed.) Tenancy in Common is a type of
joint ownership by parties NOT married, that allows a person to sell his share or leave it in
,a will without the consent of the other owners. If a person dies without a will, his share
goes to his heirs, not to the other owners.
Which of the following is/are considered to be personal property?
1 Wood-burning fireplace
2 Furnace
3 Bathtubs
4 Lamps - Correct Answer-Lamps
The concept of personal property typically comes into play at the time of sale. Things that
are part of the house--bathroom fixtures, fireplaces, carpeting and such--go with the sale.
(Unless specifically excluded, as can happen in the case of a dining room chandelier or
one or two other objects with which the owners have an emotional attachment.) Furniture,
rugs, lamps and other portable items that are not "nailed down" constitute personal
property and are not included in the sale.
The word "improvement" would refer to all of the following EXCEPT
1 streets.
2 a sanitary sewer system.
3 trade fixtures.
4 the foundation. - Correct Answer-trade fixtures.
The term "trade fixture" refers to an item installed by a tenant in a rented commercial
property that he or she removes at the end of the occupancy.
All of the following are physical characteristics of land EXCEPT
1 indestructibility.
2 uniqueness.
3 immobility.
4 scarcity. - Correct Answer-scarcity.
,Scarcity is a fundamental economic concept that holds that the rarer and more desirable
something is, the more valuable it will be. For example, professional athletes are highly
paid because only the smallest percentage of people have the ability to perform at that
level. Land is "scarce" because there is a finite amount available and, as Will Rogers once
said, "They ain't making any more of it."
Jack owns a leasehold interest in a property whose owners or tenants agree to use the
property on a periodic, non-overlapping basis. With what type of property does Jack have
this leasehold interest?
1 A cooperative
2 A time-share
3 A condominium
4 A planned-urban development - Correct Answer-A time-share
Time-shares are most common with vacation and resort properties. Time-share
arrangements provide for equal sharing of the property's expenses among the owners.
Personal property includes all of the following EXCEPT
1 chattels.
2 fructus industriales.
3 emblements.
4 fixtures. - Correct Answer-fixtures.
"Chattel" is a legal term that means personal property. Emblements and fructus
industriales refer to profit from crops that are grown as a result of a person's labor, such as
corn, as opposed to those that occur naturally, such as grass or minerals. By the custom
of English common law, they are considered personal property. By contrast, a fixture is
considered attached to a property and thus part of the structure.
A person who has complete control over a parcel of real estate is said to own a
1 leasehold estate.
2 fee simple estate.
, 3 life estate.
4 defeasible fee estate. - Correct Answer-fee simple estate.
All the other options have conditions attached. A leasehold estate is, as the name implies,
leased property. Similarly, a life estate gives a person ownership or control of a property
only for the duration of his or her natural life. "Defeasible estates" give a person or entity
control over a property only so long as certain conditions are met or avoided. For example,
a community might be deeded a property on the condition that it be used only for building
a school, or land willed to a child on the condition it never be used for commercial
development. If the community tries to use the property for a recreation complex or the
heir tries to sell to a retail developer, control would automatically revert to another party
and the deed would become void.
A portion of Wendell's building was inadvertently built on Ginny's land. This is called an
1 accretion.
2 avulsion.
3 encroachment.
4 easement. - Correct Answer-encroachment.
The principal attributes of an encroachment are: 1) It is accidental and 2) it involves only
part of a structure. Typically, the issue would be resolved by selling Wendell an easement
or a lease or, if practical, actually moving the structure.
The purchase of a ticket for a professional sporting event gives the bearer what?
1 An easement right to park his car
2 A license to enter and claim a seat for the duration of the game
3 Partial ownership in the professional sporting team
4 A license to sell food and beverages at the sporting event - Correct Answer-A license to
enter and claim a seat for the duration of the game
Easements grant access, not use. Commercial licenses, such as those required to sell
beverages, souvenirs or services, cover extended periods. Although tickets to sporting
events, concerts, shows and the like are technically licenses, they differ from most in their