Deck 48: Real Property
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Deck 48: Real Property
1
Plant life and vegetation growing on the surface of land are considered ________.
A)intangible property
B)real property
C)personal property
D)chattels
A)intangible property
B)real property
C)personal property
D)chattels
B
2
Air rights enable the owner of a property to ________.
A)develop natural and cultivated plant life on the land
B)drill into the earth to utilize ground water for personal use
C)rent or sell the space above the property for commercial purposes
D)create fixtures inside the real property that become a part of the sale agreement
A)develop natural and cultivated plant life on the land
B)drill into the earth to utilize ground water for personal use
C)rent or sell the space above the property for commercial purposes
D)create fixtures inside the real property that become a part of the sale agreement
C
3
________ are an example of real property.
A)Buildings
B)Patents
C)Automobiles
D)Works of art
A)Buildings
B)Patents
C)Automobiles
D)Works of art
A
4
A bridge would be an example of real property.
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5
What are fixtures?
A)goods closely associated with a piece of real property
B)intangible properties created inside the premises of a real property
C)parts of a real property that are easily transferrable without substantial damage to the property
D)goods that cannot be classified as personal property or real property
A)goods closely associated with a piece of real property
B)intangible properties created inside the premises of a real property
C)parts of a real property that are easily transferrable without substantial damage to the property
D)goods that cannot be classified as personal property or real property
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6
What are surface rights in real property?
A)the right to possess the earth beneath the land
B)the right to occupy the land
C)the right to possess personal property
D)the right to convert personal property to negotiable instruments
A)the right to possess the earth beneath the land
B)the right to occupy the land
C)the right to possess personal property
D)the right to convert personal property to negotiable instruments
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7
Which of the following is true of subsurface rights in real property?
A)Subsurface rights cannot be used to mine radioactive elements.
B)Subsurface rights can be sold separately from surface rights.
C)Minerals found beneath real property have to be given up to the government.
D)Subsurface rights can only be invoked to dig oil wells.
A)Subsurface rights cannot be used to mine radioactive elements.
B)Subsurface rights can be sold separately from surface rights.
C)Minerals found beneath real property have to be given up to the government.
D)Subsurface rights can only be invoked to dig oil wells.
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8
The difference between a qualified fee ownership and a fee simple ownership is that a qualified fee ownership can be ________.
A)transferred at will by the owner of the property
B)terminated if a specified event occurs or fails to occur
C)infinite in its duration
D)inherited without limitations
A)transferred at will by the owner of the property
B)terminated if a specified event occurs or fails to occur
C)infinite in its duration
D)inherited without limitations
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9
The rights to the earth located beneath the surface of the land are defined as ________.
A)chattel rights
B)air rights
C)mineral rights
D)joint rights
A)chattel rights
B)air rights
C)mineral rights
D)joint rights
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10
Which of the following is true of an ownership of real property that is fee simple absolute?
A)It cannot be inherited.
B)It terminates based on the occurrence or nonoccurrence of a specified event.
C)It is infinite in duration.
D)It cannot be transferred at will.
A)It cannot be inherited.
B)It terminates based on the occurrence or nonoccurrence of a specified event.
C)It is infinite in duration.
D)It cannot be transferred at will.
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11
________ is a type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property.
A)Fee simple absolute
B)Life estate
C)Servient estate
D)Fee simple defeasible
A)Fee simple absolute
B)Life estate
C)Servient estate
D)Fee simple defeasible
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12
Land,as well as buildings,trees,soil,minerals,timber,plants,and other things permanently affixed to the land are known as ________.
A)chattel
B)intangible property
C)personal property
D)real property
A)chattel
B)intangible property
C)personal property
D)real property
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13
A(n)________ grants the owner all the incidents of a fee simple absolute except that ownership may be taken away if a specified condition occurs or does not occur.
A)future interest
B)servient estate
C)fee simple defeasible
D)easement estate
A)future interest
B)servient estate
C)fee simple defeasible
D)easement estate
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14
An ________ is an estate in which the owner has a present possessory interest in the real property.
A)estate pour autre vie
B)freehold estate
C)future interest
D)easement
A)estate pour autre vie
B)freehold estate
C)future interest
D)easement
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15
Subsurface rights cannot be sold separately from surface rights.
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16
The legal rights that an owner has to possess,use,and enjoy the property are known as ________.
A)future interests
B)estate in land
C)easement rights
D)estoppel by deed
A)future interests
B)estate in land
C)easement rights
D)estoppel by deed
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17
Plant life and vegetation growing on the surface of land are considered personal property.
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18
Buildings constructed on land are considered personal property.
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19
Kitchen cabinets in an apartment are considered fixtures.
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20
Plant life that is severed from the land is considered ________.
A)intangible property
B)immovable property
C)real property
D)personal property
A)intangible property
B)immovable property
C)real property
D)personal property
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21
Karen,Kelsey,Rita,and Lizzi own a large commercial building as concurrent owners.They are tenants with the right to survivorship.Lizzi sells her one-quarter interest in the building to Stella.What kind of concurrent ownership now exists between Karen,Kelsey,Rita,and Stella?
A)a tenancy in common
B)a tenancy by entirety
C)a joint tenancy
D)a community property
A)a tenancy in common
B)a tenancy by entirety
C)a joint tenancy
D)a community property
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22
Which of the following defines a remainder as a form of future interest?
A)It is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
B)It is a right of possession that returns to a third party upon the expiration of a limited or contingent estate.
C)It is a form of concurrent possession of a multiple-dwelling building in which a corporation owns the building and the residents own shares in the corporation.
D)It is a form of concurrent possession that includes the right of survivorship.
A)It is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
B)It is a right of possession that returns to a third party upon the expiration of a limited or contingent estate.
C)It is a form of concurrent possession of a multiple-dwelling building in which a corporation owns the building and the residents own shares in the corporation.
D)It is a form of concurrent possession that includes the right of survivorship.
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23
When does a joint tenancy become a tenancy in common?
A)when a joint tenant sells his or her property
B)when a joint tenant dies
C)when two joint tenants swap their share in the tenancy
D)when two joint tenants are bound by a marital relationship
A)when a joint tenant sells his or her property
B)when a joint tenant dies
C)when two joint tenants swap their share in the tenancy
D)when two joint tenants are bound by a marital relationship
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24
Which of the following provisions protects the interest of a joint tenancy upon the death of a joint tenant?
A)the quiet title action
B)the estate in land
C)the right of survivorship
D)the quitclaim deed
A)the quiet title action
B)the estate in land
C)the right of survivorship
D)the quitclaim deed
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25
A life tenant is treated as the owner of the property even after the duration of the life estate.
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26
After the death of Horace,the remaining two joint tenants of the luxury restaurant Rendezvous became the owners of Horace's interest in the property automatically.This feature of their concurrent ownership is called ________.
A)quiet title action
B)adverse possession
C)nonconforming use
D)right of survivorship
A)quiet title action
B)adverse possession
C)nonconforming use
D)right of survivorship
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27
A fee simple owner has the right to exclusively possess and use his or her property to the extent that the owner has not transferred any interest in the property.
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28
If a person owns real property in fee simple,his or her ownership is limited in duration.
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29
A life estate that is measured by the life of a third party is referred to as ________.
A)estate pour autre vie
B)servient estate
C)community property
D)future interest
A)estate pour autre vie
B)servient estate
C)community property
D)future interest
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30
If a person owns real property in fee simple,his or her ownership has no limitation on inheritability.
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31
Give an account of concurrent ownerships in a multiple-dwelling building.
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32
________ is a form of co-ownership that includes the right of survivorship as well the right of tenants to unilaterally transfer their interest without the consent of co-tenants.
A)Tenancy in common
B)Joint tenancy
C)Cooperatives
D)Tenancy by the entirety
A)Tenancy in common
B)Joint tenancy
C)Cooperatives
D)Tenancy by the entirety
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33
The right of possession of remainder is an example of future interest.
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34
What is a life estate?
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35
Which of the following is true of a life tenant?
A)A life tenant has the right to sell the life estate at will.
B)A person who gives a life estate to another is called a life tenant.
C)A life tenant can possess the life estate to the point of rendering it worthless by permanent damage.
D)A life tenant is treated as the owner of the property for the duration of the life estate.
A)A life tenant has the right to sell the life estate at will.
B)A person who gives a life estate to another is called a life tenant.
C)A life tenant can possess the life estate to the point of rendering it worthless by permanent damage.
D)A life tenant is treated as the owner of the property for the duration of the life estate.
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36
________ is an interest in real property that lasts for a specified person's lifetime.
A)Life estate
B)Fee simple absolute
C)Servient estate
D)Fee simple defeasible
A)Life estate
B)Fee simple absolute
C)Servient estate
D)Fee simple defeasible
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37
The person who is given a life estate is called the life tenant.
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38
A ________ is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
A)reversion
B)remainder
C)quiet title action
D)nonconforming use
A)reversion
B)remainder
C)quiet title action
D)nonconforming use
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39
A terminated life estate property reverts to the grantor or the grantor's estate or other designated person.
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40
Future interest in real property refers to an interest in ________.
A)real property that involves actual and current possession
B)real estate that represents the highest form of ownership
C)real property that has been sold or permanently transferred to a third party
D)real property that a grantor retains for himself or herself or a third party
A)real property that involves actual and current possession
B)real estate that represents the highest form of ownership
C)real property that has been sold or permanently transferred to a third party
D)real property that a grantor retains for himself or herself or a third party
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41
A joint tenant does not have the right to sell or transfer his or her interest in the property.
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42
Martin,who owned a piece of property along with two other tenants,executed a will in which he left all his property to his son.When Martin died,his son received his interest in the shared property and became a tenant with the other two owners.What kind of concurrent ownership would allow such a passage of title?
A)a joint tenancy
B)a tenancy in common
C)a tenancy by entirety
D)a community property
A)a joint tenancy
B)a tenancy in common
C)a tenancy by entirety
D)a community property
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43
Which of the following is true of a tenancy by the entirety?
A)It can only be formed between corporations.
B)It does not contain the conditional right of survivorship upon the death of a tenant.
C)It cannot be created by the usage of express words.
D)It cannot be transferred by a tenant without the consent of the other tenant.
A)It can only be formed between corporations.
B)It does not contain the conditional right of survivorship upon the death of a tenant.
C)It cannot be created by the usage of express words.
D)It cannot be transferred by a tenant without the consent of the other tenant.
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44
Which of the following is a form of co-ownership that disallows the right of survivorship and allows unilateral transfer of interest?
A)tenancy in common
B)joint tenancy
C)cooperatives
D)tenancy by the entirety
A)tenancy in common
B)joint tenancy
C)cooperatives
D)tenancy by the entirety
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45
A deceased joint tenant's will is effective over the right to survivorship.
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46
If they filed for divorce in a state that recognizes community property,what amount would each receive?
A)$1,300,000
B)$2,297,500
C)$725,000
D)$1,050,000
A)$1,300,000
B)$2,297,500
C)$725,000
D)$1,050,000
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47
Karen,Kelsey,Rita,and Lizzi own a large commercial building as concurrent owners.They are tenants with the right to survivorship.Lizzi transfers her one-quarter interest in the building to a private charity organization owned by Stella.Which form of concurrent ownership would allow Karen,Kelsey,and Rita to become the owners of the property following Lizzi's death without the inclusion of the private charity organization run by Stella?
A)a tenancy by entirety
B)a community property
C)a joint tenancy
D)a tenancy in common
A)a tenancy by entirety
B)a community property
C)a joint tenancy
D)a tenancy in common
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48
Which of the following is the implied default title conveyed in a sale of real estate?
A)life estate
B)servient estate
C)fee simple absolute
D)fee simple defeasible
A)life estate
B)servient estate
C)fee simple absolute
D)fee simple defeasible
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49
Carmen,Westbrook,and Ashton are concurrent owners of a large commercial building.Ashton executes a will that leaves all his property to his son in the event of his death.But after Ashton's death,his ownership interest in the building was acquired by the remaining two tenants of the building.Which of the following kinds of concurrent ownership would allow such a passage of title?
A)a tenancy by entirety
B)a community property
C)a joint tenancy
D)a tenancy in common
A)a tenancy by entirety
B)a community property
C)a joint tenancy
D)a tenancy in common
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50
Separate property is included in community property.
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51
A(n)________ is an instrument that describes a person's ownership interest in a piece of real property.
A)title insurance
B)deed
C)license
D)easement
A)title insurance
B)deed
C)license
D)easement
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52
If they filed for divorce in a state that recognizes community property,what would be the separate property owned by Jonas at the end of their marriage?
A)$1 million of real estate and $1.5 million in securities
B)$500,000 of real estate and $2.5 million in securities
C)$1.5 million of real estate and $3 million in securities
D)$2.5 million of real estate and $2 million securities
A)$1 million of real estate and $1.5 million in securities
B)$500,000 of real estate and $2.5 million in securities
C)$1.5 million of real estate and $3 million in securities
D)$2.5 million of real estate and $2 million securities
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53
Which of the following forms of co-ownership of real property applies only to married couples?
A)joint tenancy
B)community property
C)tenancy in common
D)condominiums
A)joint tenancy
B)community property
C)tenancy in common
D)condominiums
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54
A tenant in common can sell his or her interest in the property without the consent of the other co-owners.
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55
A deed in which the grantor of real property transfers whatever interest he or she has in the property to the grantee is known as a ________.
A)quitclaim deed
B)general warranty deed
C)grand deed
D)special warranty deed
A)quitclaim deed
B)general warranty deed
C)grand deed
D)special warranty deed
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56
________ is a form of co-ownership of real property that can be used only by married couples.
A)Cooperative
B)Tenancy in common
C)Joint tenancy
D)Tenancy by the entirety
A)Cooperative
B)Tenancy in common
C)Joint tenancy
D)Tenancy by the entirety
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57
What is a quiet title action?
A)a lawsuit to determine the rightful owner of a disputed property
B)a lawsuit to enforce the right to survivorship to the holder of the title deed
C)a lawsuit asking for the release of the details of a separate property from a couple
D)a lawsuit to obtain reimbursement for losses caused by undiscovered defects in title
A)a lawsuit to determine the rightful owner of a disputed property
B)a lawsuit to enforce the right to survivorship to the holder of the title deed
C)a lawsuit asking for the release of the details of a separate property from a couple
D)a lawsuit to obtain reimbursement for losses caused by undiscovered defects in title
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58
A surviving spouse in a tenancy by the entirety has the right of survivorship.
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59
If a party to a tenancy in common sells his or her interest in the property,the tenancy in common becomes a tenancy by entirety.
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60
Which of the following types of deeds only protects the buyer from defects in title caused by the seller?
A)a general warranty deed
B)a quitclaim deed
C)a grand deed
D)a special warrant deed
A)a general warranty deed
B)a quitclaim deed
C)a grand deed
D)a special warrant deed
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61
A general warranty deed contains the greatest number of warranties and provides the highest level of protection to a grantee.
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62
In the context of a tax sale,many states provide a period of ________ after a tax sale during which the taxpayer can reclaim the property by paying the unpaid taxes and penalties.
A)stipulation
B)consideration
C)redemption
D)exemption
A)stipulation
B)consideration
C)redemption
D)exemption
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63
A(n)________ is issued by the courts to the rightful owner following the Torrens method of determining title to the real property.
A)title insurance
B)abstract of title
C)certificate of title
D)restraining order
A)title insurance
B)abstract of title
C)certificate of title
D)restraining order
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64
Which of the following would be true if Mr.Cartworth were to sell his property?
A)The new owner would not be obliged to let Ms. Rogers use her present driveway.
B)The new owner would not be able to cancel Ms. Rogers's nonpossessory interest in the form of the driveway.
C)Ms. Rogers would only be able to use the driveway if Mr. Cartworth expressly requests the new owner to allow it.
D)Ms. Rogers would be required to procure a license to use the driveway.
A)The new owner would not be obliged to let Ms. Rogers use her present driveway.
B)The new owner would not be able to cancel Ms. Rogers's nonpossessory interest in the form of the driveway.
C)Ms. Rogers would only be able to use the driveway if Mr. Cartworth expressly requests the new owner to allow it.
D)Ms. Rogers would be required to procure a license to use the driveway.
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65
A situation created when the owner of one piece of land is given an easement over an adjacent piece of land is called a(n)________.
A)profit-à-prendre
B)easement by license
C)easements in gross
D)easement appurtenant
A)profit-à-prendre
B)easement by license
C)easements in gross
D)easement appurtenant
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66
What is a servient estate?
A)a piece of land that is being examined for an abstract of title
B)a piece of land over which an easement is granted
C)a piece of land that has concurrent owners
D)a piece of land that comes under a zoning ordinance
A)a piece of land that is being examined for an abstract of title
B)a piece of land over which an easement is granted
C)a piece of land that has concurrent owners
D)a piece of land that comes under a zoning ordinance
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67
What is an abstract of title?
A)a recordation of a deed that gives constructive notice to the world of the owner's interest in a property
B)a judicial proceeding where a certificate of title is awarded to the real owner to property
C)a form of insurance obtained for losses caused by undiscovered defects in title
D)a chronological history of the chain of title and encumbrances affecting a property
A)a recordation of a deed that gives constructive notice to the world of the owner's interest in a property
B)a judicial proceeding where a certificate of title is awarded to the real owner to property
C)a form of insurance obtained for losses caused by undiscovered defects in title
D)a chronological history of the chain of title and encumbrances affecting a property
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68
A given or required right to make limited use of someone else's land without owning or leasing it is called a(n)________.
A)zoning ordinance
B)title insurance
C)easement
D)abstract of title
A)zoning ordinance
B)title insurance
C)easement
D)abstract of title
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69
A(n)________ is a document that grants a person the right to enter on another's property for a specified and usually short period of time.
A)title insurance
B)easement
C)license
D)deed
A)title insurance
B)easement
C)license
D)deed
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70
A(n)________ is a situation in which a person who wrongfully possesses someone else's real property obtains title to that property if certain statutory requirements are met.
A)adverse possession
B)reversion
C)nonpossessory interest
D)future interest
A)adverse possession
B)reversion
C)nonpossessory interest
D)future interest
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71
A ________ is a situation in which a person holds an interest in another person's property without actually owning any part of the property.
A)present possessory interest
B)future interest
C)reversion
D)nonpossessory interest
A)present possessory interest
B)future interest
C)reversion
D)nonpossessory interest
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72
A(n)________ authorizes a person who does not own adjacent land the right to use another person's land.
A)profit
B)license
C)easement appurtenant
D)easement in gross
A)profit
B)license
C)easement appurtenant
D)easement in gross
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73
In a special warranty deed,the seller is liable for defects in title that existed before the seller obtained the property.
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74
A deed can only be used to transfer a fee simple absolute interest in real property.
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75
Which of the following types of nonpossessory interest has been created in Mr.Cartworth's land?
A)an easement appurtenant
B)an easement in gross
C)a license
D)a profit
A)an easement appurtenant
B)an easement in gross
C)a license
D)a profit
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76
________ is a title to real property that is free from any encumbrances or other defects that are not disclosed but would affect the value of the property.
A)Remainder title
B)Marketable title
C)Reversion title
D)Nonconforming title
A)Remainder title
B)Marketable title
C)Reversion title
D)Nonconforming title
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77
The Statute of Frauds requires real estate sales contracts to be in writing.
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78
Reversion occurs when the rights of possession returns to a third party upon the expiration of a limited estate.
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79
What is a profit-à-prendre?
A)a document that grants a person the right to remove something from another's real property
B)a form of insurance obtained for losses caused by undiscovered defects in real property title
C)a judicial proceeding where a certificate of title is awarded to the real owner to property
D)a type of easement that grants a person the right to use another's land but disallows the usage of any personal property
A)a document that grants a person the right to remove something from another's real property
B)a form of insurance obtained for losses caused by undiscovered defects in real property title
C)a judicial proceeding where a certificate of title is awarded to the real owner to property
D)a type of easement that grants a person the right to use another's land but disallows the usage of any personal property
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80
Which of the following statements is true of adverse possession?
A)Adverse possession requires the delivery of a deed.
B)Adverse possession is applicable on all property including those owned by federal and state governments.
C)Adverse possession requires continuous and uninterrupted occupancy of the property for the required statutory period.
D)Adverse possession covers only voluntary occupancy obtained with the express or implied permission of the owner.
A)Adverse possession requires the delivery of a deed.
B)Adverse possession is applicable on all property including those owned by federal and state governments.
C)Adverse possession requires continuous and uninterrupted occupancy of the property for the required statutory period.
D)Adverse possession covers only voluntary occupancy obtained with the express or implied permission of the owner.
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