A plat map shows the dimensions of lots.
A son’s murder of his testator father disqualifies the children of the murderer/son from
inheriting.
If an individual does not have an advance directive on life support, then life support
mechanisms cannot be stopped.
Low’‘income housing not in compliance with city codes is not eligible for tax credits.
There is no period of redemption for tax sales.
Co’‘ops, townhomes and condominiums are all incorporated non’‘profit associations.
The sale of a principal residence is subject to capital gains tax on the gain realized.
A conveyance by a tenant in common to another tenant in common severs the joint
tenancy.
There can be vicarious liability for brokers under the Fair Housing Act.
A testator who destroys a copy of his will but not the original will has still revoked the
will.
Torts in common areas permit the injured party to sue the association of homeowners.
An amendment to the bylaws is invalid if it is adopted after the developer has turned
over control of the association.
Registration of securities under state law exempts the offeror from federal registration.
An estate that escheats is one that is distributed per capita to children and
grandchildren.
G grants the following, “To A for life and then to the heirs of A.” The heirs of A hold
what interest?
a. A vested remainder subject to open
b. A vested reminder
c. An executory interest
d. Nothing ‘“ A holds a fee simple under the Rule in Shelley’s case
A city ordinance limits adult bookstores by prohibiting them within 1000 feet of any
church or school.
a. The ordinance is unconstitutional as a violation of free speech
b. The ordinance is constitutional if there are sufficient alternate locations for the
bookstores
c. The ordinance is unconstitutional on the church portion only
d. None of the above
Under the U.S. Supreme Court’s holding on notice in tax sales
a. The tax agency only needs to mail notice to the owner
b. The tax agency must show the notice process is reasonably likely to reach the owner
c. The agency must use certified mail
d. None of the above
Which of the following pairs do not have fiduciary responsibilities between them?
a. Broker ‘“ seller
b. Broker ‘“ buyer
c. Broker ‘“ broker
d. All of the above have fiduciary responsibilities
e. None of the above
What does the Oil Spill Liability Trust Fund require?
a. That oil companies pay a 5-cent per barrel tax for clean-ups when there are situations
in which parties are financially unable to clean up their spills
b. That each oil company establish a trust fund in perpetuity that must be kept for
purposes of clean-up should the company have an oil spill
c. That Congress establish a trust fund for victims of oil spills, including the fishermen
affected by the spill
d. That a trust fund be established in perpetuity for the protection of the Alaskan coast
If the grantor needs to retain a right of way, the deed should create
a. an express easement by reservation
b. an express easement by grant
If there is criminal activity in the common areas of a condominium or co-op, who
would be liable for any injuries that result?
a. The criminals only
b. The association if security was inadequate
c. The association if it was aware of criminal conduct
d. Both b and c
e. None of the above
In a community property state
a. Each spouse owns whatever he/she earns during the marriage
b. Spouses hold title to property in tenancy by the entirety
c. Spouses share 50/50 in the income during the marriage
d. None of the above
Which of the following is not an underground water interest?
a. Aquifer
b. Percolating waters
c. Artesian waters
d. Navigable stream
e. All of the above are underground waters
Mrs. Clements gave the University of Iowa a written option on a piece of property she
owned. The University paid $300 to keep the option open from January 3, 1982 until
April 3, 2010. On February 15, 2010, Mrs. Clements notified the University in writing
that she was revoking her offer. Mrs. Clements then sold the property to Douglas (a
bfp).
a. The University can recover the property from Douglas
b. Mrs. Clements properly revoked her offer
c. The University is entitled to damages
d. None of the above
Zack Peyton borrowed $398,000 from Fifth First Bank to purchase a new home. Zack
gave First Bank a mortgage on his home. The mortgage was recorded on January 3,
2004. Zack had made a down payment of $42,000. When Zack moved in, he purchased
an in-ground swimming pool from Paddock Pools for $35,000. Zack paid Paddock
$4,000 and Paddock financed the remaining amount for him, recording a mortgage for
$29,000 on February 26, 2004. Zack needed window coverings, landscape, and some
new furniture. Wells Fargo gave Zack a $150,000 home equity line of credit, secured by
a mortgage on Zack’s home for $150,000. Wells Fargo recorded the home equity credit
line mortgage on February 1, 2004. Zack, because of a bonus at work, did not draw on
the line of credit until June 10, 2005, using $25,000.
The economy went south somewhere around September 2008. The value of Zack’s
home dropped by almost 50%. Zack lost his job. He could no longer make his
payments. Fifth First Bank served Zack with a notice of foreclosure on November 1,
2008.
Suppose that there is a foreclosure on Zack’s home. Suppose further that the sale of the
home brings $220,000. How will the proceeds be distributed?
a. $220,000 to Fifth First Bank
b. Pro rata shares computed using the total amount of debt of $452,000 as the
denominator, each creditor’s debt as the numerator with that ratio applied against the
$220,000
c. $29,000 to Paddock and the remainder allocated pro rata between Fifth First and
Wells Fargo
d. $29,000 to Paddock and the remainder to Fifth First
The Standard State Zoning Enabling Act
a. Has been passed in most states
b. Does not permit nonconforming uses
c. Does not provide for special use permits
d. None of the above
With regard to #19, suppose that Al removes the mobile homes for one year. He then
buys new ones. The city finds Al in violation of zoning laws. Al
a. Is in violation of city zoning laws
b. Meets the requirements of a non-conforming use
c. Did not meet the requirements for abandonment
d. Can challenge the constitutionality of the violation
John and Mary Rose Tessler have had their home taken in foreclosure. They owe
$92,000 on their original mortgage and $8,000 on their second mortgage. A contractor
they hired to add on a screened porch is owed $2,000, and the contractor has filed a
lien. The lender has spent $4,000 in bringing the foreclosure suit. The sale at
foreclosure brings $99,000. How much would the contractor receive?
a. $0
b. $500
c. $2,000
d. $4,000
Emmett Rowan wishes to open an adult bookstore. The location he has chosen is in a
shopping center located next to a junior high school. The city refuses to approve his
application (required for licensing of adult bookstores) because the proposed location
violates the city ordinance that prohibits location of such stores within 50 feet of any
public school, church or daycare facility.
a. The ordinance is a valid regulation based on public welfare
b. The ordinance violates the First Amendment
c. The licensing requirement is unconstitutional
d. None of the above
The presence of overhead wires that are part of the transmission system of utilities has
created questions about the safety of the presence of the resulting electromagnetic field.
Several homeowners have filed suit seeking an injunction against the utility to have the
overhead wires removed. Which of the following statements is correct?
a. If the wires present a safety danger, they are a public nuisance and should be enjoined
b. If the wires were there before the homes were built, then the wires must remain
c. If the wires do not affect the full community, they cannot be enjoined as a public
nuisance
d. The court must balance the need for the wires with the safety interests of the
homeowners
The following grant has been made: ‘To Nordstrom Department Stores so long as the
land is used only for a 5′ high by 12′ long sign with only the word ‘˜Nordstrom’ on the
sign.’
Describe the type of interest(s) created by this grant. Be sure to discuss any rules that
may apply.
Ralph Milikin has just passed away intestate. He is survived by his wife, four children,
three grandchildren and his parents. He was married only once, and all four children are
the fruit of that marriage. How will his property be distributed under the UPC?
Previous use during unity of tract ownership is a requirement for an easement by
implication.
Judicial interpretations of statutes are as much the law as the statutes themselves.
In a cohabitation arrangement, what theories can be used to allow non’‘marital partners
to recover portions of property acquired during the course of the relationship?
The doctrine of substantial performance provides that a contractor may recover for
completed projects in spite of variations between the plans and the actual finished
product. What are the questions that must be answered affirmatively in order to
establish substantial performance?
Suppose Tenant One brings suit for the accident and Jones brings an action for eviction.
What result?
A creditor who advances funds for a purchase of a fixture can never have priority over a
previously recorded mortgage.
The City of Warren passed a zoning ordinance prohibiting the location of “adult use”
properties (theaters, bookstores) less than 1000 feet from a church or school. Is the
ordinance valid?
A major freeway is to be constructed through the back of a subdivision, and the city is
taking the homes located in the area by eminent domain. The landowners claim their
property should be valued as well’‘located commercial property, and the city claims it
should be valued as residence property. Discuss the propriety of the taking and the
amount of compensation that the homeowners should be paid.