Deck 4: Public Regulation and Private Encumbrances

Question 1

Zoning is generally enforced through injunction.

Answer 1

True

Question 2

Generally, private restrictions on the use of real property are enforceable.

Answer 2

True

Question 3

Zoning does not require procedural due process.

Answer 3

False

Question 4

Generally speaking, the power of government to issue zoning regulations is constitutional.

Question 5

State governments have the right to take private property for public use.

Question 6

Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.

Question 7

Building codes are generally thought of as private.

Question 8

The exercise of the power of eminent domain requires procedural due process.

Question 9

Mechanics' and materialmen's liens can never be waived.

Question 10

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

Question 11

Local governments do not have the right to take private property for public use.

Question 12

Public real property is not subject to mechanics' and materialmen's liens.

Question 13

Zoning is considered a legislative function of a governmental authority.

Question 14

The right to use real property for a special purpose such as a roadway is known as an easement.

Question 15

Zoning is a judicial process and usually involves court proceedings.

Question 16

A trust deed is a public encumbrance.

Question 17

Private restrictions on the use of real property are never enforceable.

Question 18

An owner's property may be sold to governmental authorities for failure to pay real
estate taxes.

Question 19

The right to use real property for a special purpose such as a roadway is known as a restrictive covenant.

Question 20

Subcontractors are generally not entitled to a mechanics' lien.

Question 21

It is not necessary to disclose that a home built prior to 1978 may have lead -based paint.

Question 22

Which of the following would not be considered a private encumbrance?

A) Materialmen's lien
B) Ad valorem tax
C) Trust deed
D) Restrictive covenant

Question 23

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?

Question 24

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?

Question 25

Which of the following is not considered a legislative function of government?

A) Zoning
B) Eminent domain
C) Taxation
D) Building codes

Question 26

A property owner does not have the right to challenge an assessment of his or her property for purposes of taxation.

Question 27

A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.

Question 28

If you were in a state that followed the New York theory of lien claims and an owner had a contract to build a home for $100,000 and had already paid the general contractor $60,000, the owner's responsibility to subcontractors and material suppliers on lien claims would be limited to

A) $40,000.
B) $60,000.
C) $100,000.
D) none of the above.

Question 29

A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples.

Question 30

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?

Question 31

The disclosure of lead-based paint is regulated by the federal government.

Question 32

A property owner has the right to challenge an assessment of his or her property for purposes of taxation.

Question 33

A Phase I environmental examination involves drilling wells and analyzing water samples.

Question 34

The amount of real estate taxes is generally based upon

A) the value of the property.
B) the original purchase price of the property.
C) the use of the property.
D) the depreciated value of the property.

Question 35

Which of the following are not responsible for cleanup costs of hazardous waste?

A) Innocent purchasers
B) Former owners before the contamination
C) Lenders who foreclose and become owners
D) All of the above
E) None of the above

Question 36

If you were in a state that applied the Pennsylvania theory of lien claims and an owner had a contract to build a home for $100,000 and had already paid the general contractor $60,000, the owner's liability to subcontractors and materialmen would be limited to

A) $40,000.
B) $100,000.
C) the full amount of their claims.
D) $60,000.
E) none of the above.

Question 37

The protection of wetlands is an important environmental concern.

Question 38

A use of real property that is changed or prohibited by subsequent zoning regulations is known as a(n)

A) easement.
B) nonconforming use.
C) injunction.
D) ad valorem.

Question 39

Which of the following people are generally entitled to file a mechanics' or materialmen's lien?

A) Subcontractors
B) Laborers
C) Material suppliers
D) Land surveyors
E) All of the above

Question 40

Which of the following are generally thought not to be public encumbrances?

A) Building codes
B) Environmental protection laws
C) Judgment liens
D) Zoning