Question 1

Under the United States Government Survey system, a property containing this description includes how many acres? "The S 1/2 of the SE 1/4 of Section 17 and the E 1/2 of the NE 1/4 of Section 23 and the SW 1/4 of the NW 1/4 of Section 21":

Accepted Answer

A)  160 acres 
B)  200 acres 
C)  240 acres 
D)  220 acres

Question 2

A deed need not be recorded in order to be valid, but must be delivered. Effective delivery depends on:

Accepted Answer

A)  valid acknowledgment by the grantor 
B)  physical transfer 
C)  intention of the grantor 
D)  knowledge of its existence by the grantee

Question 3

In which one of the following ways are joint tenancy and tenants in common similar?

Accepted Answer

A)  title can only be held by husband and wife 
B)  both provide the right of survivorship 
C)  all owners have the right to will their interest in the property 
D)  both carry the right of possession

Question 4

Ben's father passed away and left Ben a ring in his will that Ben had always admired along with a sizeable sum of money. Ben received this gift as a:

Accepted Answer

A)  bequest. 
B)  devise. 
C)  legacy. 
D)  both a and c.

Question 5

Johnson and Moscowitz hold title as tenants in common. Upon Johnson's death, Johnson's interest passes to:

Accepted Answer

A)  Johnson's heirs without probate 
B)  Johnson's heirs with probate 
C)  Moscowitz without probate 
D)  Moscowitz with probate

Question 6

Which of the following is not considered to be a characteristic of a fee simple estate?

Accepted Answer

A)  it is free of all encumbrances 
B)  it may be willed 
C)  it is transferable 
D)  it is of indefinite duration

Question 7

The highest form of ownership a person can have in a piece of property is:

Accepted Answer

A)  fee simple absolute 
B)  fee simple qualified 
C)  life estate 
D)  testate estate

Question 8

The Connecticut case, Kelo vs. New London, was decided by a U.S. Supreme Court ruling which had an impact on:

Accepted Answer

A)  how foreclosures should be conducted. 
B)  whether or not a partition action can be taken. 
C)  how private property can be taken to further economic development. 
D)  how filing for bankruptcy will stop foreclosure.

Question 9

Chang deeds to Lopez and Lopez takes possession but does not record the deed. Chang then tells his friend Jones about the deed to Lopez. Chang then deeds the same property to Jones, who records the deed. Based on this information, title probably vests in:

Accepted Answer

A)  Lopez 
B)  Chang 
C)  Jones 
D)  both Lopez and Jones

Question 10

A valid joint tenancy must have the four unities of:

Accepted Answer

A)  time, title, interest, remainder 
B)  title, time, possession, interest 
C)  interest, right, possession, time 
D)  time, title, occupancy, possession

Question 11

There are advantages and disadvantages in taking title as a joint tenant. Any person holding title in joint tenancy may dispose of all or a part of his/her interest in all of the following ways, except:

Accepted Answer

A)  by lease 
B)  by gift 
C)  by sale 
D)  by will

Question 12

A major railroad company plans to run a line across Kuan's property. If Kuan refuses to give permission, the railroad company can proceed to take action through the use of:

Accepted Answer

A)  eminent domain 
B)  partition action 
C)  injunction 
D)  writ of execution

Question 13

Title can be transferred from government to private owners using a:

Accepted Answer

A)  fiduciary grant 
B)  partition grant 
C)  public dedication 
D)  patent

Question 14

What would not be an example of a trade fixture:

Accepted Answer

A)  attached shelving in a retail store 
B)  an oven in a restaurant 
C)  a swing set at a day care facility 
D)  a water heater in a residence

Question 15

Which of the following is not required for a deed to be valid?

Accepted Answer

A)  signature of grantor 
B)  granting clause 
C)  date 
D)  must be in writing

Question 16

If a married person with two children dies intestate and leaves community property, the descendant interest passes to the:

Accepted Answer

A)  surviving spouse and children 
B)  surviving children, and not the surviving spouse 
C)  surviving spouse 
D)  surviving parents

Question 17

Richard received a life estate from Isabell, who has no heirs. The estate was granted for the life of Richard. Richard then leased the property to Myron for four years. If Isabell were to die within the next two years, possession of the property would:

Accepted Answer

A)  go to the probate court 
B)  escheat to the State of California 
C)  return to Richard 
D)  stay with Myron for the duration of the lease or the life of Richard

Question 18

Assume a brother and sister own title in a commercial property as joint tenants. The brother marries and deeds his interest to himself and his new wife. The sister now holds title in the property as:

Accepted Answer

A)  community property as to 1/4 interest 
B)  ownership in severalty 
C)  joint tenant 
D)  tenant in common

Question 19

There are implied warranties made by the grantor in a grant deed. Which one of the following is not implied?

Accepted Answer

A)  property has not been encumbered by grantor except as disclosed 
B)  the interest held by grantor is being transferred to the grantee 
C)  the grantor holds a certificate of title to the property 
D)  the interest being deeded has not been conveyed to others

Question 20

If a court proceeds to confirm a probate sale, the first additional bid must be what percent above the original bid?

Accepted Answer

A)  5% on the first $10,000, 3% on the remainder 
B)  5% on the first $10,000 and any amount on the remainder 
C)  10% on the first $10,000, 5% on the remainder 
D)  10% on the first $10,000 and any amount on the remainder

Exam 2: Part I: Legal Description, Method of Acquiring Title , and Deeds