Question 1

Define the legal meaning of "nuisance" and explain the two types of nuisances recognized by the law,using a scenario to illustrate each type.

Accepted Answer

A nuisance is an unjustified and unreasonable interference with someone's right to enjoy and use his/her property.A private nuisance is created when a landowner's use of his/her land is substantially interfered with due to unjustified conduct by another person.A public nuisance,on the other hand,involves a broader class of affected parties,and the action to stop it usually must be brought in the name of the public by the government.The conduct that creates the nuisance may be either intentional or negligent.

Question 2

Inverse condemnation occurs:

Accepted Answer

A) when one property owner acquires title to neighboring property by occupying the property for a certain number of years. 
B) when a tenant acquires ownership of fixtures by occupying the property and using the fixtures. 
C) when the government takes land from the private property owners without having paid for it. 
D) when the government institutes a formal legal action to exercise eminent domain power. 
A) when one property owner acquires title to neighboring property by occupying the property for a certain number of years. 
B) when a tenant acquires ownership of fixtures by occupying the property and using the fixtures. 
C) when the government takes land from the private property owners without having paid for it. 
D) when the government institutes a formal legal action to exercise eminent domain power. C

Question 3

A special warranty deed:

Accepted Answer

A) cures the defect in the chain of title to property. 
B) means that the grantor offers a unique warranty against all defects in the title and all encumbrances. 
C) implies that the grantor warrants against all liens and easements. 
D) means that the grantor warrants against only those defects in the title that arose after he/she acquired the property. 
A) cures the defect in the chain of title to property. 
B) means that the grantor offers a unique warranty against all defects in the title and all encumbrances. 
C) implies that the grantor warrants against all liens and easements. 
D) means that the grantor warrants against only those defects in the title that arose after he/she acquired the property. D

Question 4

Which of the following statements is true of the transfer of a property by sale?

Accepted Answer

A) Engaging a real estate broker is a legal requirement for the sale of real property. 
B) Exclusive right to sell contracts entitles the broker for a commission only if he procures the buyer. 
C) Agreement between the seller and the buyer to purchase real property need not necessarily be in writing to be enforceable under the statute of frauds. 
D) Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged in order to be enforceable. 
A) Engaging a real estate broker is a legal requirement for the sale of real property. 
B) Exclusive right to sell contracts entitles the broker for a commission only if he procures the buyer. 
C) Agreement between the seller and the buyer to purchase real property need not necessarily be in writing to be enforceable under the statute of frauds. 
D) Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged in order to be enforceable.

Question 5

Farmer Fred died in 1933 and in his will named his three sons,Ted,Ned,and Ed,owners of his farm as tenants in common.Ted and Ned were city slickers,but Ed lived on the farm and worked it from 1933 until the present.Ted and Ned gave Ed permission to live on the farm and keep the profits.Ed paid all property taxes and repair bills.Ted and Ned decided in 1990 that they wanted to retire and live on the farm.Can Ed claim sole ownership of the farm by adverse possession?

Accepted Answer

A) No,because Ed's possession was not open and notorious. 
B) No,because Ed's possession was not hostile. 
C) Yes,because Ed paid the property taxes on the farm. 
D) Yes,because Ed was willed as joint owner. 
A) No,because Ed's possession was not open and notorious. 
B) No,because Ed's possession was not hostile. 
C) Yes,because Ed paid the property taxes on the farm. 
D) Yes,because Ed was willed as joint owner.

Question 6

Under condominium ownership,a purchaser takes title to his/her individual unit and becomes a tenant in common with other unit owners in shared facilities.

Accepted Answer

A) True 
 B)False

Question 7

For a gift of ownership of real property to be valid,the donor must:

Accepted Answer

A) deliver a properly executed deed to the property to the donee. 
B) ensure that the donee or third party takes possession of the property. 
C) simply attempt to make the gift without delivering the deed. 
D) will it to a third party. 
A) deliver a properly executed deed to the property to the donee. 
B) ensure that the donee or third party takes possession of the property. 
C) simply attempt to make the gift without delivering the deed. 
D) will it to a third party.

Question 8

A warranty deed:

Accepted Answer

A) conveys title and guarantees to make good any defects in the title. 
B) can only be a deed of specific warranty. 
C) is used to cure technical defect in the chain of title to property. 
D) conveys to the grantee whatever title the grantor has at the time the deed is executed. 
A) conveys title and guarantees to make good any defects in the title. 
B) can only be a deed of specific warranty. 
C) is used to cure technical defect in the chain of title to property. 
D) conveys to the grantee whatever title the grantor has at the time the deed is executed.

Question 9

In recent years,the law has recognized that owners of real property are not required to take steps to further the safety of persons on their property.

Accepted Answer

A) True 
 B)False

Question 10

An easement granted through an express agreement:

Accepted Answer

A) is not covered by the statute of frauds. 
B) is required to be in writing to be enforceable. 
C) is enforced no differently than an implied easement. 
D) is not executed with the same formality as a grant of a fee simple interest in real property. 
A) is not covered by the statute of frauds. 
B) is required to be in writing to be enforceable. 
C) is enforced no differently than an implied easement. 
D) is not executed with the same formality as a grant of a fee simple interest in real property.

Question 11

Describe the purpose of the Fair Housing Act.

Accepted Answer

The Fair Housing Act is designed to prev

Question 12

An implied warranty of habitability:

Accepted Answer

A) guarantees that a house is free of hidden defects that would render it unsafe for human habitation. 
B) applies to any ordinary seller of a house,and not just builders,builder-vendors,and developers. 
C) when breached,subjects the defendant to liability measured only by the cost of repairs. 
D) does not extend to a subsequent purchaser. 
A) guarantees that a house is free of hidden defects that would render it unsafe for human habitation. 
B) applies to any ordinary seller of a house,and not just builders,builder-vendors,and developers. 
C) when breached,subjects the defendant to liability measured only by the cost of repairs. 
D) does not extend to a subsequent purchaser.

Question 13

The United States Constitution establishes the right to "just compensation" for private property taken for public use.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements about an exclusive agency listing is true?

Accepted Answer

A) The broker has the exclusive right to sell the property and entitles him/her to a commission no matter who procured the buyer. 
B) The broker operating under this listing is entitled to a commission only if he/she was the first to find an able buyer. 
C) The seller has the right to sell the property himself/herself without being obligated to pay the broker a commission. 
D) The seller must pay the broker his/her commission even if it was the seller who found the buyer during the duration of the listing contract. 
A) The broker has the exclusive right to sell the property and entitles him/her to a commission no matter who procured the buyer. 
B) The broker operating under this listing is entitled to a commission only if he/she was the first to find an able buyer. 
C) The seller has the right to sell the property himself/herself without being obligated to pay the broker a commission. 
D) The seller must pay the broker his/her commission even if it was the seller who found the buyer during the duration of the listing contract.

Question 15

To amount to a nuisance,one's use of property must unreasonably interfere with another person's ability to use or enjoy his/her own property.

Accepted Answer

A) True 
 B)False

Question 16

George owns three adjacent town houses in an upscale neighborhood.He sells one to Ted but gets Ted to promise to never sell the property to a woman or a poor person.This restriction is built into the deed George gives to Ted,along with a statement that the property is to revert to George if this promise is broken.Is this restriction enforceable?

Accepted Answer

A) Yes,because the restrictions are reasonable. 
B) Yes,because these private restrictions do not prevent the sale of the property to anyone else. 
C) No,because the restrictions are against public policy. 
D) No,because private restrictions can only apply to the size and cost of the house. 
A) Yes,because the restrictions are reasonable. 
B) Yes,because these private restrictions do not prevent the sale of the property to anyone else. 
C) No,because the restrictions are against public policy. 
D) No,because private restrictions can only apply to the size and cost of the house.

Question 17

The lien created by unpaid taxes assessed on real property is secondary to all other claims of other persons to the land.

Accepted Answer

A) True 
 B)False

Question 18

Dru and James are married and own real property under a tenancy by the entirety.This means that:

Accepted Answer

A) upon the death of either,the property passes automatically to the surviving spouse. 
B) they are tenants in common with the added requirement of marriage. 
C) either spouse can transfer property by will if the other is still living. 
D) the tenancy cannot be severed even in case of a divorce. 
A) upon the death of either,the property passes automatically to the surviving spouse. 
B) they are tenants in common with the added requirement of marriage. 
C) either spouse can transfer property by will if the other is still living. 
D) the tenancy cannot be severed even in case of a divorce.

Question 19

An oral license for the temporary use of another's land is enforceable.

Accepted Answer

A) True 
 B)False

Question 20

Millie executed a deed and put it under her mattress along with a note directing that the deed is to be delivered to her cousin Don,upon her death.What will be the result of such an act?

Accepted Answer

A) The deed effectively passes title to Don upon Millie's death. 
B) The deed is not effective to pass title after Millie's death as it is not delivered. 
C) The deed is not effective to pass title because Millie did not record it. 
D) The deed becomes effective and passes title to Don the day he gets it. 
A) The deed effectively passes title to Don upon Millie's death. 
B) The deed is not effective to pass title after Millie's death as it is not delivered. 
C) The deed is not effective to pass title because Millie did not record it. 
D) The deed becomes effective and passes title to Don the day he gets it.

Exam 34: Real Property

Define the legal meaning of "nuisance" and explain the two types of nuisances recognized by the law,using a scenario to illustrate each type.

Inverse condemnation occurs:

A special warranty deed:

Which of the following statements is true of the transfer of a property by sale?

Under condominium ownership,a purchaser takes title to his/her individual unit and becomes a tenant in common with other unit owners in shared facilities.

For a gift of ownership of real property to be valid,the donor must:

A warranty deed:

In recent years,the law has recognized that owners of real property are not required to take steps to further the safety of persons on their property.

An easement granted through an express agreement:

Describe the purpose of the Fair Housing Act.

An implied warranty of habitability:

The United States Constitution establishes the right to "just compensation" for private property taken for public use.

Which of the following statements about an exclusive agency listing is true?

To amount to a nuisance,one's use of property must unreasonably interfere with another person's ability to use or enjoy his/her own property.

The lien created by unpaid taxes assessed on real property is secondary to all other claims of other persons to the land.

Dru and James are married and own real property under a tenancy by the entirety.This means that:

An oral license for the temporary use of another's land is enforceable.

Millie executed a deed and put it under her mattress along with a note directing that the deed is to be delivered to her cousin Don,upon her death.What will be the result of such an act?

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