Exam Prep - National Section I - Trebs Real Property
Characteristics, Legal Descriptions, and Property Use
questions with verified answers
N1. A claim that limits fee simple title to property is referred to as:
A. An encroachment
B. An easement
C. Escheat
D. An encumbrance Ans✓✓✓ D. An encumbrance. An encumbrance is
a claim on the property that limits the fee simple estate. An
encroachment and an easement are examples of encumbrances.
N1. A contractor remodeled a kitchen in an older home 30 days ago. He
has not been paid for the work. He should:
A. File a mechanic's lien
B. Offer to buy the house
C. Sue a real estate agent
D. Wait 5 years before filing suit Ans✓✓✓ A. File a mechanic's lien. A
mechanic's lien is a lien placed against a property by an unpaid
workman who has done work or demolition on the property. The lien is
recorded at the county clerk's office in the county in which the property
is located.
N1. A lien or an encumbrance on a property is considered to be:
A. A nonpossessory interest in property
,B. A financial encumbrance on the title
C. A cloud on the title
D. All of the above Ans✓✓✓ D. All of the above. Any lien (such as a
mortgage, tax or judgment lien or an easement or a restriction on the
use of the land) that may diminish the value of a property: a cloud
against clear, free title to property. A limit on a property owner's rights
in land.
N1. A person takes open, hostile, and uninterrupted possession of a
property. After a number of years, the person may take ownership of
the property through:
A. Easement by prescription
B. Easement in gross
C. Adverse possession
D. Acceleration Ans✓✓✓ C. Adverse possession. Adverse possession is
a method of acquiring title to real property by possession for a
statutory period under certain conditions, proof of non-permissive use
which is actual, open and notorious, exclusive, adverse, and continuous
for the statutory period. It is governed by statute concerning the title to
real property (land and the fixed structures built upon it). By adverse
possession, title to another's real property can be acquired without
compensation, by holding the property in a manner that conflicts with
the true owner's rights for a specified period. For example, squatter's
rights are a specific form of adverse possession. Remember that a
prescriptive easement is similar but only transfers rights, not
ownership.
, N1. A survey can be prepared by:
A. A surveyor
B. A title attorney
C. A real estate agent
D. Both A and B Ans✓✓✓ A. D Both A and B. This is a trick question.
The surveyor performs the actual survey; a title attorney can prepare a
survey for a legal description of a property. A real estate agent cannot
do a survey. A survey is a drawing showing the physical limits of the
property (property lines), fence lines and improvements on the
property.
N1. An easement acquired by constant use is called easement by:
A. Subscription
B. Necessity
C. Condemnation
D. Prescription Ans✓✓✓ D. Prescription. 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.
Characteristics, Legal Descriptions, and Property Use
questions with verified answers
N1. A claim that limits fee simple title to property is referred to as:
A. An encroachment
B. An easement
C. Escheat
D. An encumbrance Ans✓✓✓ D. An encumbrance. An encumbrance is
a claim on the property that limits the fee simple estate. An
encroachment and an easement are examples of encumbrances.
N1. A contractor remodeled a kitchen in an older home 30 days ago. He
has not been paid for the work. He should:
A. File a mechanic's lien
B. Offer to buy the house
C. Sue a real estate agent
D. Wait 5 years before filing suit Ans✓✓✓ A. File a mechanic's lien. A
mechanic's lien is a lien placed against a property by an unpaid
workman who has done work or demolition on the property. The lien is
recorded at the county clerk's office in the county in which the property
is located.
N1. A lien or an encumbrance on a property is considered to be:
A. A nonpossessory interest in property
,B. A financial encumbrance on the title
C. A cloud on the title
D. All of the above Ans✓✓✓ D. All of the above. Any lien (such as a
mortgage, tax or judgment lien or an easement or a restriction on the
use of the land) that may diminish the value of a property: a cloud
against clear, free title to property. A limit on a property owner's rights
in land.
N1. A person takes open, hostile, and uninterrupted possession of a
property. After a number of years, the person may take ownership of
the property through:
A. Easement by prescription
B. Easement in gross
C. Adverse possession
D. Acceleration Ans✓✓✓ C. Adverse possession. Adverse possession is
a method of acquiring title to real property by possession for a
statutory period under certain conditions, proof of non-permissive use
which is actual, open and notorious, exclusive, adverse, and continuous
for the statutory period. It is governed by statute concerning the title to
real property (land and the fixed structures built upon it). By adverse
possession, title to another's real property can be acquired without
compensation, by holding the property in a manner that conflicts with
the true owner's rights for a specified period. For example, squatter's
rights are a specific form of adverse possession. Remember that a
prescriptive easement is similar but only transfers rights, not
ownership.
, N1. A survey can be prepared by:
A. A surveyor
B. A title attorney
C. A real estate agent
D. Both A and B Ans✓✓✓ A. D Both A and B. This is a trick question.
The surveyor performs the actual survey; a title attorney can prepare a
survey for a legal description of a property. A real estate agent cannot
do a survey. A survey is a drawing showing the physical limits of the
property (property lines), fence lines and improvements on the
property.
N1. An easement acquired by constant use is called easement by:
A. Subscription
B. Necessity
C. Condemnation
D. Prescription Ans✓✓✓ D. Prescription. 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.
