Question 1

Restrictive covenants are strictly construed against the party asserting their applicability.

Accepted Answer

A) True 
 B)False

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.

Question 3

A special warranty deed will give the buyer better rights against the grantor (seller) than a general warranty deed.

Accepted Answer

A) True 
 B)False

Question 4

A doctrine allowing a mortgagor to relieve her property from a mortgage lien by paying the debt that the mortgage secures is known as:

Accepted Answer

A) rehabilitation. 
B) the covenant of quiet title. 
C) foreclosure. 
D) a right of redemption. 
A) rehabilitation. 
B) the covenant of quiet title. 
C) foreclosure. 
D) a right of redemption.

Question 5

Marketable title means that the title is free from which of the following?

Accepted Answer

A) Encumbrances. 
B) Defects in the chain of title appearing in the land records. 
C) Events that deprive the seller of title. 
D) All of the above. 
E) None of the above. 
A) Encumbrances. 
B) Defects in the chain of title appearing in the land records. 
C) Events that deprive the seller of title. 
D) All of the above. 
E) None of the above.

Question 6

Sam has agreed to sell a warehouse to Jordan for $150,000.The contract says that Sam will convey to Jordan whatever interest he has in the property, but does not state that he has any interest.Jordan is entitled to a(n):

Accepted Answer

A) insurable deed. 
B) quitclaim deed. 
C) general warranty deed. 
D) special warranty deed. 
A) insurable deed. 
B) quitclaim deed. 
C) general warranty deed. 
D) special warranty deed.

Question 7

A title search does not involve examining prior transfers of and encumbrances to the property.

Accepted Answer

A) True 
 B)False

Question 8

The debtor who grants a mortgage is the mortgagee.

Accepted Answer

A) True 
 B)False

Question 9

Eminent domain would permit condemnation of 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 10

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 11

Which of the following carries with it no warranties or guarantees of title?

Accepted Answer

A) Warranty deed. 
B) Quitclaim deed. 
C) Special warranty deed. 
D) All types of deeds carry a warranty of title. 
A) Warranty deed. 
B) Quitclaim deed. 
C) Special warranty deed. 
D) All types of deeds carry a warranty of title.

Question 12

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.

Question 13

To run with the land, a restrictive covenant must involve promises that are enforceable under the law of contracts.

Accepted Answer

A) True 
 B)False

Question 14

If Russell's mortgage debt is greater than the amount for which his farm is sold in a foreclosure action, he is excused from payment of the remainder.

Accepted Answer

A) True 
 B)False

Question 15

Many jurisdictions now require all sellers of residential property to disclose hidden defects that materially affect the property's value if reasonable examination would not reveal such defects.

Accepted Answer

A) True 
 B)False

Question 16

The usual method of enforcing a restrictive covenant is by specific performance.

Accepted Answer

A) True 
 B)False

Question 17

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

Question 18

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.

Question 19

Pam sells to Rob property which has a $50,000 mortgage in favor of First Bank.Rob purchases the property subject to the mortgage.There is a default on the mortgage.When First Bank forecloses, the value of the property has declined and it sells for only $30,000.
a.Can First Bank recover the $20,000 balance from Rob? Explain.
b.Can First Bank recover the $20,000 from Pam? Explain.

Accepted Answer

a.No, Rob purchased the property "subjec

Question 20

Most zoning ordinances provide that a nonconforming use may be terminated:

Accepted Answer

A) immediately. 
B) after 6 months of the structure's future useful life. 
C) when a nonconforming structure is destroyed or substantially damaged. 
D) All of the above. 
A) immediately. 
B) after 6 months of the structure's future useful life. 
C) when a nonconforming structure is destroyed or substantially damaged. 
D) All of the above.

Exam 50: Transfer and Control of Real Property

Restrictive covenants are strictly construed against the party asserting their applicability.

Which of the following is INCORRECT regarding zoning?

A special warranty deed will give the buyer better rights against the grantor (seller) than a general warranty deed.

A doctrine allowing a mortgagor to relieve her property from a mortgage lien by paying the debt that the mortgage secures is known as:

Marketable title means that the title is free from which of the following?

Sam has agreed to sell a warehouse to Jordan for $150,000.The contract says that Sam will convey to Jordan whatever interest he has in the property, but does not state that he has any interest.Jordan is entitled to a(n):

A title search does not involve examining prior transfers of and encumbrances to the property.

The debtor who grants a mortgage is the mortgagee.

Eminent domain would permit condemnation of land for all the following purposes except:

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.

Which of the following carries with it no warranties or guarantees of title?

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

To run with the land, a restrictive covenant must involve promises that are enforceable under the law of contracts.

If Russell's mortgage debt is greater than the amount for which his farm is sold in a foreclosure action, he is excused from payment of the remainder.

Many jurisdictions now require all sellers of residential property to disclose hidden defects that materially affect the property's value if reasonable examination would not reveal such defects.

The usual method of enforcing a restrictive covenant is by specific performance.

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:

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

Most zoning ordinances provide that a nonconforming use may be terminated:

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

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

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Formation and Internal Relations of General Partnerships

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Nature and Formation of Corporations

Financial Structure of Corporations

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Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

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

Interests in Real Property

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