Exam 4: Public Regulation and Encumbrances
Exam 1: Introduction to the Law of Real Property60 Questions
Exam 2: Concurrent Ownership60 Questions
Exam 3: Surveys and Land Descriptions40 Questions
Exam 4: Public Regulation and Encumbrances43 Questions
Exam 5: Easements and Licenses38 Questions
Exam 6: Contracts59 Questions
Exam 7: Preparation and Review of a Real Estate Contract43 Questions
Exam 8: Deeds43 Questions
Exam 9: Financing Sources in Real Estate Transactions40 Questions
Exam 10: Legal Aspects of Real Estate Finance61 Questions
Exam 11: Mortgage Forms and Provisions30 Questions
Exam 12: Title Examinations45 Questions
Exam 13: Title Insurance58 Questions
Exam 14: Real Estate Closings40 Questions
Exam 16: Real Estate Closing Forms and Examples28 Questions
Exam 17: Condominiums and Cooperatives63 Questions
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Which of the following is not a public use that supports the exercise of the power of eminent domain?
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(Multiple Choice)
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Correct Answer:
E
John owns land at the edge of a small town. When he purchased the land it was not zoned and he operated an auto repair business there. Several years later, the town annexed John's land as well as the surrounding land. The town then zoned all of the annexed land single -family residential. John's business is the only business within the residential area. What right does John have to continue his auto repair business? Are there any restrictions on this right?
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(Essay)
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Correct Answer:
John's auto repair business would be a nonconforming use under the zoning ordinance. Typically, John would be allowed to continue the business. However, he would not be allowed to expand the use of the business or change the use to another nonpermitted use.
An owner's property may be sold to governmental authorities for failure to pay real estate taxes.
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(True/False)
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Correct Answer:
True
A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.
(True/False)
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Which of the following people are generally entitled to file a mechanics' or materialmen's lien?
(Multiple Choice)
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A property owner has the right to challenge a tax assessment of his or her property.
(True/False)
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Which of the following are generally thought notto be public encumbrances?
(Multiple Choice)
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Generally, private restrictions on the use of real property are enforceable.
(True/False)
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Private restrictive covenants may be used to regulate the following:
(Multiple Choice)
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The protection of wetlands is an important environmental concern.
(True/False)
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Public real property is not subject to mechanics' and materialmen's liens.
(True/False)
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Which of the following are not responsible for cleanup costs of hazardous waste?
(Multiple Choice)
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Superior Woodwork built a deck for a homeowner. The homeowner refused to pay for the deck.
Superior wants to file a claim of lien for the unpaid bill against the homeowner's property.
What information would generally be contained in the claim of lien?
(Essay)
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Which of the following is not a method used by public authorities to enforce zoning ordinances?
(Multiple Choice)
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Karen's property is being taken by the city to be used as the site for a new school. What rights does Karen have in connection with this taking? Can Karen stop the city from taking her property?
(Essay)
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Zoning is a judicial process and usually involves court proceedings.
(True/False)
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A taxpayer can have a lien filed against his or her property for unpaid federal income taxes.
(True/False)
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State governments have the right to take private property for public use.
(True/False)
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