A tenant has the authority to contract so as to give lien rights on the landlord’s property.
Fair market value is defined as what a willing buyer would pay a willing seller.
Regulation of land use is never a taking.
“All land but my spring” is a sufficient description.
Self-audits generally serve to reduce fines.
Intervivos gifts, to be valid, must be delivered.
The Safe Drinking Water Act establishes contaminant levels all states must meet or
exceed.
Condo and co-op boards are subject to the standards of the business judgment rule.
A tenancy for years must run at least one year.
A column lot is the space between the earth’s surface and an imaginary plane 23′ above
the surface.
Ademption applies when an heir predeceases the testator.
A developer has the authority to change the declaration as needed to make
accommodations to buyers.
Under the URLTA, a cleaning deposit is void if non’‘refundable.
An example of a profit is the right to remove gravel.
Improvements in property are subtracted from the selling price of the property in
determining the capital gains on sale of property.
The seller can serve as the escrow agent.
Multiple listing services are not subject to antitrust laws.
A special warranty deed has a warranty of title only.
Rent control statutes are unconstitutional.
All’‘adult covenants are
a. Unenforceable
b. Violative of the Fourteenth Amendment
c. Invalid in apartment complexes
d. None of the above
The Haskell Family has operated a dry cleaning business for 40 years. They have
dumped solvents on their property during that time. As the family prepares to sell the
business, concerns about the dumping have arisen. Which of the following sources of
law would provide information about their liability?
a. U.S. Constitution
b. State constitution
c. United States Code
d. None of the above
Which of the following is critical for a lien to be valid?
a. A legally sufficient description of the land
b. The nature of the work being done
c. The express permission of the landowner
d. A general contractor’s license
Long’s Drugs is the anchor tenant in Oak Hill Shopping Center. Under its lease terms,
Oak Hill is prohibited from leasing any space in the Center to another drug store. The
clause
a. Is invalid because it is anticompetitive
b. Is invalid because it is too broad
c. Is valid
d. Both a and b
e. None of the above
Which of the following is not a PMSI creditor?
a. A bank financing the purchase of an air conditioner
b. A solar heat company financing a customer’s purchase of solar panels
c. A cabinet company financing a tenant’s purchase of cabinets for his apartment
d. All of the above are PMSI creditors
With reference to #30, Geraldine’s landlord
a. Can keep the $1,000 security deposit as damages
b. Has no remedy because Geraldine has not breached her lease
c. Cannot keep the $1,000 security deposit if he is able to re-rent the apartment
d. Must return the $1,000 because Geraldine has not breached her lease agreement
The town of High Grove has adopted a master zoning plan that prohibits manufactured
homes within city limits. Which of the following best describes the plan?
a. As long as the plan promotes the health and welfare of those in the city, it will survive
court challenges
b. As long as there are residential areas, the prohibition on manufactured homes will
survive a court challenge
c. The prohibition on all manufactured homes will not survive a court challenge
d. Manufactured homes are not real property and are not covered by zoning laws
Under the cost approach of valuation for assessment
a. the value of the property is based on sales of similar property
b. the value of the property is based on the prospective income that will be earned by
the land
c. the value of the property is based on the replacement cost of the buildings on the
property
d. None of the above
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.
The easement was originally a Jeep trail and was described as such in the original Ryan
and Jekel documents. When Nicholas Sharp acquired the lot from Jack Ryan, he began
constructing a driveway where the Jeep trail was located. The Downeys objected to the
expansion of the easement.
a. Sharp does not have the right to alter the easement because he does not own the
easement
b. Only the servient tenement can make changes in the easement
c. Only the dominant tenement can make changes in the easement
d. None of the above
The due process clause requires
a. Court hearings prior to all property rights takings
b. That the property owner be given a chance to be heard
c. Both a and b
d. None of the above
How many baselines are there?
a. 35
b. 32
c. 64
d. 72
For delivery of a deed to be valid
a. The grantor must have the intent to deliver
b. The deed cannot be delivered to a third party agent
c. The grantor must personally deliver the deed
d. None of the above
On May 1, 2005, Cynthia Hendrix bought her home and First Bank recorded its
mortgage. On June 24, 2007, Cynthia sold her home to Stanton Gulbrandsen for
$250,000. At that time, Cynthia’s mortgage was $225,000. Stanton assumed Cynthia’s
mortgage and gave Second Bank a second mortgage for $225,000. Second Bank did not
record its mortgage. On October 12, 2009, Stanton sold the home to Derek Bolger for
$275,000. Bolger took the property subject to the previous mortgages and executed a
$275,000 mortgage to Third Bank. Third Bank recorded its mortgage on October 18,
2009. Third Bank knew of the Second Bank mortgage.
In a race-notice state, which mortgage company has priority?
a. First Bank
b. Second Bank
c. Third Bank
d. Impossible to tell from facts given
In which of the following circumstances can a general obtain more payment under a
fixed price contract?
a. When labor costs go up
b. When the owner has misrepresented bid information
c. When the owner authorizes a change
d. Both b and c
e. All of the above
Which of the following statements is true regarding covenants in shopping center
leases?
a. They violate the Sherman Act
b. They are generally unenforceable
c. They are void as against public policy
d. None of the above
A conservation easement is an example of
a. An affirmative easement appurtenant
b. A easement of ingress and egress
c. A negative easement
d. A void equitable servitude
e. None of the above
Under the Uniform Probate Code, if a single man dies without children and without a
will, to whom will his property go?
a. His parents
b. His brothers and sisters
c. His grandparents
d. The property escheats
In a home sale, which of the following is most likely to be treated as a fixture?
a. A couch
b. A ceiling fan
c. A lawn mower
d. All of the above
‘To my husband for life, then to my children’
a. Creates a fee simple defeasible in the husband
b. Creates a contingent remainder in the children
c. Violates the Rule Against Perpetuities
d. None of the above
A promissory note has the following language:
‘This note is secured by Lots 117, 118, and 119 in Arboleda Estates.’ The note was
recorded to protect the lender with a mortgage on the lots. The borrower defaulted on
the note. Can the lender foreclose based on the recorded note?
a. Yes, because the note was recorded and the lender is a secured creditor
b. No, because you cannot record a note
c. No, because the description is inadequate
d. Only if the lender signed the note
With regard to #17
a. Amy is entitled to the protections of the implied warranty of habitability
b. Amy gets the implied warranty of habitability only for the first month of her tenancy
c. Amy gets the implied warranty of habitability only if she pays a security deposit
d. Amy can waive the implied warranty of habitability
The reduction in fines for self-audit compliance is 75%.
“To A for life” is an example of a life estate.
The collapse of the subprime mortgage market in 2008 involved issues of foreclosure,
securities sales, bankruptcy, and eminent domain as cities sought to clean up areas
affected with blight by excessive numbers of foreclosure. List the sources of law you
can see that would be applied in dealing with all of these issues.
Describe the liability of a commercial landlord for harm caused by criminal activity on
the leased premises.
Smith, an attorney, is handling the sale of some property in probating an estate. Smith’s
wife, a broker, is interested in obtaining the listing, and both Smiths are interested in
purchasing the property. Any problems?
Brokers need not disclose issues about a property if those issues have been fixed.
Ashland Farms operates a wind farm just outside of Palm Springs. Ashland has 400
turbines operating in the area and the winds find the turbines turning nearly
round-the-clock. Next to the outer ring of Ashland turbines is a subdivision, a
retirement community that finds retirees taking advantage of the Palm Springs winters
and golf courses. Residents there are complaining because of the constant ‘whirring’
noise that makes it difficult for them to sleep and often to hear radios, TVs, and
computers. The subdivision was built one year after Ashland began construction of its
turbines. The residents of the subdivision have filed suit. Discuss the rights of the
residents and Ashland Farms.