Question 1

In order for a deed to be effective between the purchaser and the seller of real estate, the deed must:

Accepted Answer

A)  be in writing and signed by both parties. 
B)  include the actual sale price. 
C)  be recorded pursuant to the state statute. 
D)  be delivered to the buyer by the seller with the intent to transfer title. 
A)  be in writing and signed by both parties. 
B)  include the actual sale price. 
C)  be recorded pursuant to the state statute. 
D)  be delivered to the buyer by the seller with the intent to transfer title. D

Question 2

Which of the following is INCORRECT regarding zoning?

Accepted Answer

A)  Zoning restrictions can be used to regulate, but not to take, private property. 
B)  A variance permits an otherwise impermissible use of the property. 
C)  A zoning ordinance needs no reasonable relationship to public health, safety, or morals to be upheld. 
D)  A nonconforming use may be permitted where property was so used prior to adoption of the zoning ordinance. 
A)  Zoning restrictions can be used to regulate, but not to take, private property. 
B)  A variance permits an otherwise impermissible use of the property. 
C)  A zoning ordinance needs no reasonable relationship to public health, safety, or morals to be upheld. 
D)  A nonconforming use may be permitted where property was so used prior to adoption of the zoning ordinance. C

Question 3

A typical enabling statute grants municipalities all but which of the following powers? The power to:

Accepted Answer

A)  regulate the bulk of buildings to be erected. 
B)  divide the entire municipality into districts of such number and shape as may be deemed best. 
C)  determine the area of open spaces within buildings. 
D)  All of the answer choices are typical powers granted by enabling statutes. 
A)  regulate the bulk of buildings to be erected. 
B)  divide the entire municipality into districts of such number and shape as may be deemed best. 
C)  determine the area of open spaces within buildings. 
D)  All of the answer choices are typical powers granted by enabling statutes. D

Question 4

Ellen's driveway is actually on Richard's land, but in 20 years nobody has ever said anything to Ellen about it. When Richard sells his house, a survey shows the problem and the new owner demands that Ellen abandons use of the driveway. Will she have to move her driveway?

Accepted Answer

A)  Yes, if she does not actually own the land. 
B)  Yes, since it is not in her deed. 
C)  Not if she used it continuously. 
D)  Not if she got permission from Richard. 
A)  Yes, if she does not actually own the land. 
B)  Yes, since it is not in her deed. 
C)  Not if she used it continuously. 
D)  Not if she got permission from Richard.

Question 5

The doctrine declaring that the mortgagee's interest in the property is limited to the amount of the outstanding obligation is known as:

Accepted Answer

A)  adverse possession. 
B)  the title theory. 
C)  the lien theory. 
D)  equity of redemption. 
A)  adverse possession. 
B)  the title theory. 
C)  the lien theory. 
D)  equity of redemption.

Question 6

Jan owns lots in the Cruz neighborhood, where she was planning to build an 8-story apartment complex. Cruz has adopted a single-family dwelling ordinance that encompasses Jan's lots. Jan goes to the library and finds she can attempt to get judicial review of ordinances based on the following:

Accepted Answer

A)  the zoning ordinance is invalid. 
B)  the ordinance has been applied unreasonably. 
C)  the ordinance amounts to confiscation of property. 
D)  All of these. 
A)  the zoning ordinance is invalid. 
B)  the ordinance has been applied unreasonably. 
C)  the ordinance amounts to confiscation of property. 
D)  All of these.

Question 7

Deeds generally end with:

Accepted Answer

A)  the grantor's signature. 
B)  a seal. 
C)  an acknowledgment before a notary public to verify the authenticity of the document. 
D)  All of these. 
A)  the grantor's signature. 
B)  a seal. 
C)  an acknowledgment before a notary public to verify the authenticity of the document. 
D)  All of these.

Question 8

Explain the difference between the lien theory and the title theory in relation to mortgages.

Accepted Answer

The rights and duties of the parties to

Question 9

A right of redemption of a mortgage cannot be defeated by operation of law.

Accepted Answer

A) True 
 B)False

Question 10

A deed ordinarily contains all of the following except:

Accepted Answer

A)  a description of the land. 
B)  a description of the consideration. 
C)  the signature of the grantor. 
D)  a description of the quantity of estate conveyed. 
A)  a description of the land. 
B)  a description of the consideration. 
C)  the signature of the grantor. 
D)  a description of the quantity of estate conveyed.

Question 11

The power to convert private property to public use is known as:

Accepted Answer

A)  allocation. 
B)  eminent domain. 
C)  after-acquired title. 
D)  enabling. 
A)  allocation. 
B)  eminent domain. 
C)  after-acquired title. 
D)  enabling.

Question 12

A warranty deed contains an implied warranty of good title and quiet enjoyment of the land.

Accepted Answer

A) True 
 B)False

Question 13

Title insurance is unnecessary if a title search is made.

Accepted Answer

A) True 
 B)False

Question 14

A restrictive covenant stating that a house cannot be sold to someone who is not of the Caucasian race will be upheld by the courts.

Accepted Answer

A) True 
 B)False

Question 15

A real estate conveyance is governed by the:

Accepted Answer

A)  statute of frauds. 
B)  financial decisions of the lender. 
C)  terms of the mortgage. 
D)  law of secured transactions. 
A)  statute of frauds. 
B)  financial decisions of the lender. 
C)  terms of the mortgage. 
D)  law of secured transactions.

Question 16

The traditional common law rule regarding the sale of property is caveat emptor which means, "let the seller beware."

Accepted Answer

A) True 
 B)False

Question 17

The validity of zoning is based on the police power reserved to the states.

Accepted Answer

A) True 
 B)False

Question 18

A transaction involving real estate whereby one party deposits a deed or money with a third party who holds the deed or funds until the happening of an agreed upon event is called:

Accepted Answer

A)  adverse possession. 
B)  escrow. 
C)  foreclosure. 
D)  abstract of title. 
A)  adverse possession. 
B)  escrow. 
C)  foreclosure. 
D)  abstract of title.

Question 19

In most states, eminent domain would permit taking of privately owned land for all the following purposes except:

Accepted Answer

A)  constructing a railroad bridge over a river. 
B)  building senior citizens' home. 
C)  building a discount store. 
D)  building a post office. 
A)  constructing a railroad bridge over a river. 
B)  building senior citizens' home. 
C)  building a discount store. 
D)  building a post office.

Question 20

Adverse possession, requires no:

Accepted Answer

A)  contract. 
B)  deed. 
C)  formality. 
D)  All of these. 
A)  contract. 
B)  deed. 
C)  formality. 
D)  All of these.

Exam 49: Transfer and Control of Real Property

In order for a deed to be effective between the purchaser and the seller of real estate, the deed must:

Which of the following is INCORRECT regarding zoning?

A typical enabling statute grants municipalities all but which of the following powers? The power to:

Ellen's driveway is actually on Richard's land, but in 20 years nobody has ever said anything to Ellen about it. When Richard sells his house, a survey shows the problem and the new owner demands that Ellen abandons use of the driveway. Will she have to move her driveway?

The doctrine declaring that the mortgagee's interest in the property is limited to the amount of the outstanding obligation is known as:

Jan owns lots in the Cruz neighborhood, where she was planning to build an 8-story apartment complex. Cruz has adopted a single-family dwelling ordinance that encompasses Jan's lots. Jan goes to the library and finds she can attempt to get judicial review of ordinances based on the following:

Deeds generally end with:

Explain the difference between the lien theory and the title theory in relation to mortgages.

A right of redemption of a mortgage cannot be defeated by operation of law.

A deed ordinarily contains all of the following except:

The power to convert private property to public use is known as:

A warranty deed contains an implied warranty of good title and quiet enjoyment of the land.

Title insurance is unnecessary if a title search is made.

A restrictive covenant stating that a house cannot be sold to someone who is not of the Caucasian race will be upheld by the courts.

A real estate conveyance is governed by the:

The traditional common law rule regarding the sale of property is caveat emptor which means, "let the seller beware."

The validity of zoning is based on the police power reserved to the states.

A transaction involving real estate whereby one party deposits a deed or money with a third party who holds the deed or funds until the happening of an agreed upon event is called:

In most states, eminent domain would permit taking of privately owned land for all the following purposes except:

Adverse possession, requires no:

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

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Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

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