Exam Prep - National Section I - Trebs
2021 Questions & Answers14
N1. Tom buys a home near a lake and receives an easement across Bob's land to access the lake.
Tom has the _________ estate and Bob has the ________________.
A. Dominant estate / servient estate
B. Servient estate / dominant estate
C. Tom will be trespassing if he walks on Bob's property.
D. Bob must pay Tom a fee if he uses the easement. - ANSWERS-A. Dominant estate / servient
estate. Land affected or "burdened" by an easement is called a "servient estate," while the land
or person benefited by the easement is known as the "dominant estate." If the easement
benefits a particular piece of land, it is said to be "appurtenant" to the land. If the easement
only benefits an individual personally, not as an owner of a particular piece of land, the
easement is termed "in gross." Most easements are affirmative, which means that they
authorize use of another's land. Less common are negative easements, which usually involve
preserving a person's access to light or view by limiting what can be done on neighboring or
nearby property.
N1. Two different people own one piece of property, one owns the surface rights and one owns
subsurface rights. Which owner has the dominant estate?
A. The person who owns the surface rights
B. The person who owns the subsurface rights.
C. Both owners have rights to both the surface and subsurface rights.
D. Neither one has a dominant estate. - ANSWERS-B. The person who owns the subsurface
rights. It is possible for one owner to own all of the rights, or each may be owned by a different
owner. For example; one owner possesses the surface rights and the air rights, but another
owner retains the subsurface rights (mineral rights). In this case, the subsurface owner is the
dominant estate, and the surface owner is the servient estate. The owner of the minerals must
be allowed to collect his minerals.
, 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 - ANSWERS-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. Personal property which has been converted to real property by method of attachment is:
A. A fixture
B. A trade fixture
C. Emblements
D. None of the above - ANSWERS-A. A fixture. A trade fixture is installed by a tenant and is
removable by the tenant before the lease term expires. Emblements are annual crops that have
been planted for harvest.
N1. Which of the following is always considered to be personal property?
A. A lease
B. A freehold
C. A fixture
D. A city lot - ANSWERS-A. A lease. This is a trick question. It is used here to prepare you for
these types of questions that may be on the state exam. Notice the use of the word "always." A
lease is "always" a type of personal property, but a fixture is SOMETIMES personal (like the just
purchased ceiling fan) and SOMETIMES real property (the fan after it is installed; once attached;
it becomes real property). Can the ceiling fan become personal property again? Sure. Just take it
down. Freehold refers to ownership and a city lot is real estate.
N1. Cars, boats, furniture, books, and clothing are:
A. Liabilities
2021 Questions & Answers14
N1. Tom buys a home near a lake and receives an easement across Bob's land to access the lake.
Tom has the _________ estate and Bob has the ________________.
A. Dominant estate / servient estate
B. Servient estate / dominant estate
C. Tom will be trespassing if he walks on Bob's property.
D. Bob must pay Tom a fee if he uses the easement. - ANSWERS-A. Dominant estate / servient
estate. Land affected or "burdened" by an easement is called a "servient estate," while the land
or person benefited by the easement is known as the "dominant estate." If the easement
benefits a particular piece of land, it is said to be "appurtenant" to the land. If the easement
only benefits an individual personally, not as an owner of a particular piece of land, the
easement is termed "in gross." Most easements are affirmative, which means that they
authorize use of another's land. Less common are negative easements, which usually involve
preserving a person's access to light or view by limiting what can be done on neighboring or
nearby property.
N1. Two different people own one piece of property, one owns the surface rights and one owns
subsurface rights. Which owner has the dominant estate?
A. The person who owns the surface rights
B. The person who owns the subsurface rights.
C. Both owners have rights to both the surface and subsurface rights.
D. Neither one has a dominant estate. - ANSWERS-B. The person who owns the subsurface
rights. It is possible for one owner to own all of the rights, or each may be owned by a different
owner. For example; one owner possesses the surface rights and the air rights, but another
owner retains the subsurface rights (mineral rights). In this case, the subsurface owner is the
dominant estate, and the surface owner is the servient estate. The owner of the minerals must
be allowed to collect his minerals.
, 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 - ANSWERS-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. Personal property which has been converted to real property by method of attachment is:
A. A fixture
B. A trade fixture
C. Emblements
D. None of the above - ANSWERS-A. A fixture. A trade fixture is installed by a tenant and is
removable by the tenant before the lease term expires. Emblements are annual crops that have
been planted for harvest.
N1. Which of the following is always considered to be personal property?
A. A lease
B. A freehold
C. A fixture
D. A city lot - ANSWERS-A. A lease. This is a trick question. It is used here to prepare you for
these types of questions that may be on the state exam. Notice the use of the word "always." A
lease is "always" a type of personal property, but a fixture is SOMETIMES personal (like the just
purchased ceiling fan) and SOMETIMES real property (the fan after it is installed; once attached;
it becomes real property). Can the ceiling fan become personal property again? Sure. Just take it
down. Freehold refers to ownership and a city lot is real estate.
N1. Cars, boats, furniture, books, and clothing are:
A. Liabilities
