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

Question 1

How many square feet are in an acre?
(a) 5,280
(b) 14,970
(c) 43,560
(d) 75,436

Answer 1

C

Question 2

What would not be an example of a trade fixture:
(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

Answer 2

D

Question 3

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

Answer 3

C

Question 4

Airspace above a parcel of land is:
(a) real property
(b) personal property
(c) an encumbrance
(d) a fixture

Question 5

In a dispute over fixtures, courts tend to favor
(a) sellers over buyers
(b) landlords over tenants
(c) lenders over borrowers
(d) grantors over grantees

Question 6

All of the following are real property except:
(a) fruit trees
(b) chattels
(c) stock in a mutual water company
(d) built-in stove

Question 7

Zoning regulations have the greatest impact on which right?
(a) right to encumber
(b) right to possess
(c) right to use
(d) right to exclude

Question 8

Which of the following is a test of a fixture?
(a) attachment
(b) chose
(c) appropriation
(d) restrictions

Question 9

The W 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4, and the SW 1/4 of Section 10 contains:
(a) 2 1/2 acres
(b) 5 acres
(c) 45 acres
(d) 165 acres

Question 10

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:
(a) bequest.
(b) devise.
(c) legacy.
(d) both a and c.

Question 11

Shelves in a retail store are an example of:
(a) real estate
(b) encumbrances
(c) trade fixtures
(d) real property

Question 12

If a married person dies testate and leaves all community property, the decedent's interest passes to the:
(a) whomever is named in the will
(b) surviving spouse and children, if any
(c) surviving spouse
(d) surviving children, and not to surviving spouse

Question 13

The sudden tearing away of land along a river with the re-deposit of the land on the other side of the river, downstream, is called:
(a) erosion
(b) accretion
(c) avulsion
(d) reliction

Question 14

When possession of land includes open and notorious use for 5 years, hostile to the owner's wishes, and payment of property taxes, this best describes:
(a) intestate succession
(b) accession title
(c) alluvion ownership
(d) adverse possession

Question 15

The right of a landowner along a river to take water is called:
(a) percolating rights
(b) river water rights
(c) user rights
(d) riparian rights

Question 16

California became a state in:
(a) 1803
(b) 1848
(c) 1849
(d) 1850

Question 17

A person who makes a will is the:
(a) executor (trix)
(b) administrator (trix)
(c) devisor (ee)
(d) testator (trix)

Question 18

Which of the following would be considered real property?
(a) a potted plant in the backyard
(b) patio furniture
(c) a chandelier
(d) a washing machine

Question 19

In the U. S. Government Survey System, which lines run parallel to the principal base line?
(a) township line
(b) meridian line
(c) range line
(d) survey line

Question 20

The passing of title to the state because of the lack of heirs is called:
(a) escheat
(b) eminent domain
(c) police power
(d) condemnation

Question 21

The recording of a deed gives:
(a) actual notice
(b) constructive notice
(c) right of possession
(d) effective notice

Question 22

A deed need not be recorded in order to be valid, but must be delivered. Effective delivery depends on:
(a) valid acknowledgment by the grantor
(b) physical transfer
(c) intention of the grantor
(d) knowledge of its existence by the grantee

Question 23

Which of the following is not required for a deed to be valid?
(a) signature of grantor
(b) granting clause
(c) date
(d) must be in writing

Question 24

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

Question 25

Who is competent to deed title to real estate?
(a) 17-year-old unmarried student
(b) married 16-year-old
(c) convict under a death sentence
(d) none of the above are competent to deed

Question 26

If a married person with two children dies intestate and leaves community property, the descendant interest passes to the:
(a) surviving spouse and children
(b) surviving children, and not the surviving spouse
(c) surviving spouse
(d) surviving parents

Question 27

According to the laws of California, which of the following documents must be recorded to be valid?
(a) land mortgage
(b) grant deed
(c) trust deed
(d) none of the above

Question 28

When describing or locating a piece of property using the metes and bounds system, which of these would be classified as artificial markers?
(a) rocks
(b) trees
(c) streets
(d) rivers

Question 29

When a gift deed is used to transfer title to real property, the deed may be set aside or voided by:
(a) certain debtors of the grantor
(b) no one
(c) certain creditors of the grantor
(d) someone who later purchases the land from the gift deed grantor

Question 30

A metes and bounds description requires:
(a) a point of beginning
(b) a distance and direction from one point to another
(c) a return to the point of beginning
(d) all of the above

Question 31

Mr. and Mrs. Smith were interested in purchasing a vacant lot. However, they first wanted the property surveyed. When the surveyor came out to measure the property he began measuring from the iron spike embedded in the middle of the street. In this case the iron spike would be known as:
(a) a benchmark.
(b) an angular line.
(c) a vara.
(d) a compass.

Question 32

Before a deed is recorded, it must be acknowledged by:
(a) the grantee
(b) a notary public
(c) the escrow officer
(d) the grantor

Question 33

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":
(a) 160 acres
(b) 200 acres
(c) 240 acres
(d) 220 acres

Question 34

There are implied warranties made by the grantor in a grant deed. Which one of the following is not implied?
(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 35

The County Recorder files deeds according to:
(a) first to record is first to be filed
(b) legal descriptions
(c) grantor-grantee index
(d) the city where the property is located

Question 36

Real estate law states that in order to be valid, a deed must contain:
(a) a date
(b) a granting clause
(c) the signature of the grantee
(d) evidence of a notary

Question 37

Title can be transferred from government to private owners using a:
(a) fiduciary grant
(b) partition grant
(c) public dedication
(d) patent

Question 38

A sequential list of owners for a parcel of real estate is called:
(a) constructive notice
(b) chain of title
(c) notarized record
(d) deed of reconveyance

Question 39

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:
(a) Lopez
(b) Chang
(c) Jones
(d) both Lopez and Jones

Question 40

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:
(a) eminent domain
(b) partition action
(c) injunction
(d) writ of execution

Question 41

For a married couple, community property rules include all of the following except:
(a) property acquired by gift after marriage can be separate property
(b) each spouse must will their interest to the surviving spouse if title is held without the right of survivorship
(c) it takes the signature of both spouses to sell community property
(d) each spouse has the equal right to manage community property

Question 42

A married couple is planning to purchase a home. If they want to take title in such a way as to be able to will their separate interest, they should take title as:
(a) community property, without the right of survivorship
(b) joint tenants
(c) limited partners
(d) any of the above

Question 43

Interest in real property held by a tenant is called:
(a) freehold estate
(b) fee estate
(c) rental estate
(d) less-than-freehold estate

Question 44

A valid joint tenancy must have the four unities of:
(a) time, title, interest, remainder
(b) title, time, possession, interest
(c) interest, right, possession, time
(d) time, title, occupancy, possession

Question 45

Johnson and Moscowitz hold title as tenants in common. Upon Johnson's death, Johnson's interest passes to:
(a) Johnson's heirs without probate
(b) Johnson's heirs with probate
(c) Moscowitz without probate
(d) Moscowitz with probate

Question 46

Title held as "Elva L. Vargas, an unmarried woman" is an example of:
(a) joint tenancy
(b) tenancy in common
(c) estate in remainder
(d) ownership in severalty

Question 47

Real estate syndicates usually hold title as:
(a) joint tenants
(b) a limited partnership
(c) a corporation
(d) tenants in common

Question 48

Mr. Rhu deeds a life estate to Ms. Silva with the stipulation that upon her death the property comes back to him. If Rhu and Silva are killed together in an auto accident, who gets the property?
(a) it escheats to the state
(b) Rhu's heirs and devisees
(c) Silva's heirs
(d) the county where property is located

Question 49

In which one of the following ways are joint tenancy and tenants in common similar?
(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 50

A deeds to B for the life of C; upon C's death, title passes to D. This is an example of:
(a) an estate in reversion
(b) a grant of a reservation
(c) a less-than-freehold estate
(d) an estate in remainder

Question 51

Which of the following is not a principal baseline and meridian?
(a) Humboldt
(b) Mount Diablo
(c) Riverside
(d) San Bernardino

Question 52

The highest form of ownership a person can have in a piece of property is:
(a) fee simple absolute
(b) fee simple qualified
(c) life estate
(d) testate estate

Question 53

Community property is normally defined as any property acquired by a married person or registered domestic person:
(a) prior to marriage or registration
(b) during marriage or registration
(c) by gift
(d) by inheritance

Question 54

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:
(a) community property as to 1/4 interest
(b) ownership in severalty
(c) joint tenant
(d) tenant in common

Question 55

Susan owned a home prior to marriage to Carlos. Upon marriage, Susan's home:
(a) remains her separate property unless commingled
(b) automatically becomes community property
(c) is converted to joint tenancy
(d) must have a deed recorded showing her married name

Question 56

Greene deeds a life estate to Blue and upon Blue's death, title passes to Brown. This is an example of what type of life estate?
(a) estate in reversion
(b) estate in reservation
(c) estate in remainder
(d) estate in severalty

Question 57

Don and June Seaman, father and daughter, purchased real estate as joint tenancy. Don died and left a number of personal debts. If he possessed no money or other property, his creditors could:
(a) place a lien against his daughter's property
(b) obtain no satisfaction against the real estate
(c) sue the daughter for the money
(d) place an attachment against the real estate

Question 58

When a non-occupying investor and an owner-occupant pool their resources to buy a home, this is called:
(a) equity ownership
(b) equity occupancy
(c) equity sharing
(d) equity investing

Question 59

If a person took title to real estate as a sole owner, the ownership is called:
(a) ownership in gross
(b) ownership in common
(c) ownership in tenancy
(d) ownership in severalty

Question 60

Which of the following is not considered concurrent ownership?
(a) As an unmarried person
(b) Community property
(c) As a widow
(d) None of the above

Question 61

A valuable parcel of land was left to two sisters, Mary and Josephine, as joint tenants. Later on both of them married. Mary was killed in an auto accident, leaving no will. In this situation, Mary's family would acquire:
(a) half interest as a tenant in common with Josephine
(b) one-quarter interest in the property
(c) no interest in the property
(d) half interest as joint tenants with Josephine

Question 62

Which one of the following is a correct statement regarding tenancy in common?
(a) of the four unities, only the unity of possession is required
(b) the same right of survivorship exists as in joint tenancy
(c) each owner has an equal interest in the property
(d) upon the death of one co-owner, no probate is required

Question 63

To have a valid joint tenancy, all the owner names must appear on the same document. This is known as the unity of:
(a) time
(b) title
(c) interest
(d) possession

Question 64

Life estates are created by a:
(a) mortgage.
(b) deed.
(c) trust deed.
(d) both b and c.

Question 65

Which of the following is not considered to be a characteristic of a fee simple estate?
(a) it is free of all encumbrances
(b) it may be willed
(c) it is transferable
(d) it is of indefinite duration

Question 66

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:
(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 67

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:
(a) by lease
(b) by gift
(c) by sale
(d) by will

Question 68

A corporation is not allowed to hold title as:
(a) tenants in partnership
(b) joint tenants
(c) tenants in common
(d) joint venture

Question 69

Joint tenancy has certain special characteristics. Which of these is considered to be the most important?
(a) the right to will
(b) the right of survivorship
(c) the right to encumber
(d) the right to an undivided interest