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EPA regulation of industry growth is more stringent in non'‘attainment areas.
Prime meridians are placed every 24 miles.
The buyer and seller can agree as to whether the purchase contract or the escrow
instructions will be controlling.
A broker who fails to disclose a buyer's financial difficulties to the seller has breached
his fiduciary duty.
A tenancy at will can be terminated by either party at any time.
The rights in the U.S. Constitution are superseded by any state laws that are different.
Air rights and subsurface rights cannot be conveyed independently.
When a buyer refinances his/her purchase of property, the seller is still liable to the
mortgagee.
Unmarried cohabitants cannot have a valid agreement for property distribution.
Covenants must touch and concern the land to be enforceable.
Acceleration clauses in the note or mortgage are void.
School impact fees are unconstitutional.
Unit owners are responsible for torts committed in their condominium units.
Oral evidence can be used to clarify a patent ambiguity.
In an action for dispossession, the tenant's defenses are limited.
Janice Freeman has been constructing a home on her acre lot. The experience has been
time consuming and frustrating. Currently, there is a construction mortgage and liens
from the framer, plumber and roofer on the property. Janice has found a buyer for the
property. The sale of her property to a third party
a. Extinguishes the liens
b. Eliminates the construction mortgage
c. Satisfies all lienholders
d. None of the above
Tom Finn refers his clients to a title company that is partially owned by Tom. Tom then
receives profit distributions from the title company. Which of the following is true?
a. Tom is involved in an illegal kickback scheme
b. Tom must make disclosures about the relationships as well as the fee payments
c. Tom is not liable for any debts or obligations
d. RESPA does not apply to transactions handled by a lawyer
Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard
County, Maryland. Their two adjacent lots were a single tract of land owned by Jack
Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan
divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela
Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an
easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail
located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to
Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey.
Suppose that Jack Ryan's Lot 2 was landlocked. What rights would he have if the
original easement was invalid?
a. He would have an easement by absolutely necessity
b. He would have an easement by express grant
c. He would have an easement in gross
d. None of the above
Who can challenge the ESA applications and restrictions?
a. Landowners
b. Environmental groups
c. Individuals whose land use is affected, such as lessees
d. All of these groups can
Painless Orthodontia is located in one corner of the second story of Beazley Department
Store. Painless patients have access through an outdoor stairwell, but there is an indoor
hallway on the second story, near the billing and credit department of Beazley's store.
Beazley saw some benefit in having parents and patients going through the store on the
way to appointments and as a way to have parents waiting for children at appointment
to do some shopping. Beazley Department store's CEO wrote on its letterhead, 'Beazley
hereby grants Painless Orthodontia the right to use the hallway on the second floor of
Beazley's building as long as the said room remains unpartioned [sic] by brick and
continuous through to the roof.' Beazley
a. Has granted a profit
b. Has granted an express easement by reservation
c. Has granted an express easement by grant
d. Cannot convey a portion of its building
In running a title search, National Escrow discovers that the seller's property does not
have a lien release on a mortgage that was paid off ten years ago. The seller furnishes a
letter from the lender that states the loan was paid in full. The escrow instructions
require National to have all lien releases filed or on record before closing. Because the
actual release will take 21 days to process, National closed escrow with only the letter.
a. National has breached its fiduciary duty through its failure to follow the escrow
instructions
b. National is permitted to use discretion in situations such as this
c. A letter of discharge and lien release are the same thing
d. None of the above
Amanda Watkins is married to Ralph Watkins and resides in a community property
state. Amanda's will leaves all of her property to her favorite charity and leaves nothing
to Ralph. Upon Amanda's death, Ralph challenges the will.
a. Ralph will be successful since Amanda cannot give away his share of the community
estate
b. Ralph will be successful because of undue influence
c. Ralph will be successful because of lack of capacity
d. None of the above
Which of the following is not a factor in determining whether an item is a fixture?
a. Who attached the item
b. The relationship of the fixture to the property
c. The damage caused by removal
d. All of the above are factors
"To A for life, then to the heirs of A." Which of the following is applicable?
a. Doctrine of Worthier Title
b. Rule in Shelley's Case
c. Rule Against Perpetuities
d. None of the above
A, B, C, D '“ tenants in common on a parcel of land.
D conveys to E
C conveys to F
B dies and leaves his property to his children, G, H and I
Which describes accurately who owns the parcel?
a. A, E, F, G, H and I
b. A, E and F
c. A
d. A and G, H, I
Marina Limited Partners applied for a zoning variance to relocate part of their 700-slip
marina to a new marina to be constructed at another location on the Geist Reservoir in
Hamilton County, Indiana. Marina would move 300 of its slips to the new marina. The
construction of the new marina required approval of a variance by the Board of Zoning
Appeals for the city of Noblesville. At the hearing, John Allen and others who owned
property in the area appeared and objected to the marina's construction. They presented
evidence that construction of the marina would lower their property values. There was
additional evidence regarding noise, traffic, smoke, fumes, and odors. The board's staff
recommended approval, but the board denied the variance. Marina Partners filed suit
alleging the finding was arbitrary. Are they correct?
When there are new issues, ambiguities, or omissions in statutory language
a. The statutes are unconstitutional
b. Court decisions are used to clarify
c. Ballot propositions are required to clarify
d. Equity courts must offer clarification
With reference to #18, where would you find laws and regulations on selling limited
partnership interests to investors?
a. Federal securities laws
b. State laws on limited partnerships
c. Securities Exchange Commission regulations
d. a and c only
e. a, b and c
A nonconforming use
a. Can be lost through abandonment
b. Must be in existence prior to zoning to be valid
c. Cannot be expanded
d. a, b and c
Which of the following events will prevent a broker from collecting the commission?
a. The seller decides not to sell
b. The buyer does not qualify for financing
c. The seller wishes more money than that provided in the listing
d. All of the above
In which of the following sources of law would the federal Truth'‘in'‘Lending controls
be found?
a. U.S. Constitution
b. State statutes
c. Federal regulations
d. State constitutions
What remedies exist for nonpayment of association fees?
a. Lien and judgment
b. Revocation of title
c. Restriction on transfer
d. None of the above
With reference to #11, who now owns the property?
a. W.R. Lynch
b. Marquardt
c. The Phoenix Zoo
d. None of the above
When The Endangered Species Act prohibits use of land to protect an endangered
species
a. There is a taking that entitles the owner to compensation
b. The owner has a constitutional challenge
c. There must be judicial approval
d. None of the above
Anna Donner listed her property with ABC Realty. ABC brought Anna two potential
buyers, but she rejected them because they were offers below the listing price. Anna
a. Has breached her agreement with ABC
b. Must sell to one of the two buyers
c. Is free to reject the offers
d. Both a and b
The incentives for self-policing, disclosure, correction and prevention provides lesser
penalties and sanctions
a. For first-time violators
b. For violators who came forward voluntarily
c. For whistleblowers who report their own companies
d. None of the above
Coastal Refining and Marketing contracted with Certified Supply Corporation and
Chief Supply Corporation to dispose of up to 500,000 pounds of Coastal's hazardous
waste located on Coastal's property in four containers: two above-ground emulsion
breaking tanks, one API separator, and one in-ground tank. Certified and Chief
subcontracted with Haz-Mat Response, Inc. to perform the work.
Problems arose during performance of the contract, and although Haz-Mat removed the
waste from the storage tanks, it was not disposed of as required by contract. The result
was leakage and contamination of the site that Haz-Mat used. Who is responsible for
the clean-up of the site where Haz-Mat disposed of the materials?
a. Haz-Mat
b. Coastal and Haz-Mat
c. Coastal
d. Coastal, Certified, and Haz-Mat
Which of the following was one of the reasons the Oil Pollution Act was passed?
a. Because of Exxon's oil spill in the New York area
b. Because of the damage caused by the Exxon Valdez spill in Prince William Sound
Alaska
c. Because of the BP pipeline bursting in Prudhoe Bay
d. Because of the issues at Love Canal
Requiring a commercial tenant to pay maintenance fees for common areas is void as a
penalty.
Jon Weinstein has a contract to purchase Ralph Heap's medical office building. After
the closing, Jon learned that Ralph already had another contract with Dennis Highsmith
for the sale of the building. Which of the following is correct?
a. Ralph did not deliver marketable title to Jon and he can rescind the contract and seek
damages
b. It is Jon's responsibility to determine whether there are any other contracts for the
sale of the building
c. Jon's remedy is with the title company and not Ralph
d. Jon will have to file suit against Ralph's other buyer in order to obtain damages
A group of people could acquire a prescriptive easement even though not one of them is
there consistently.
What are some of the specific provisions that pertain to shopping center leases?
Legislative intent is an important factor used by courts in statutory interpretation.
A commercial lease for a building that is not yet constructed is still valid.
Violation of a restriction in a fee simple determinable results in an automatic loss of
interest.
Hamilton Bank and others sought to develop a hilly piece of property in Williamson
County, Tennessee. The proposed use of the land was maximized by placing larger
homes on larger hilly lots and then increasing the density in other areas. The Board of
Adjustment refused to approve the increased density. Hamilton Bank claims such a
refusal is a taking because there is no other economical use for the land. Is Hamilton
correct?
The Mansurs and the Muskopfs own adjoining lots in a subdivision located along Lake
Winnipesaukee. Because of mistakes in surveys and the placement of the boundaries,
there is some confusion about where the boundaries are located. The boundaries are
accurate on the plat map and their deeds use the plat map as a description. However, the
way the boundaries have been on the lots is different and the Mansurs have been using
part of the Muskopf lot. The plat map was first recorded in 1958 and the developer
conveyed the lots to the original owners who then conveyed to the Mansurs and
Muskopfs. All of the owners before also used the lots the way the Mansurs and
Muskopfs have. Which of the following is correct?
a. The boundaries on the lots are those in the 1958 plat map and the deeds
b. The boundaries cannot be changed by actions of the parties when the deeds and plat
map are the same
c. The boundaries are as the Mansurs and Muskopfs are using them
d. The boundaries cannot change from the plat map and deed descriptions because the
same people have not owned the lots
