Parallels are placed every 24 miles.
The period of possession for claiming title by adverse possession is 5-25 years in most
states.
The NE-1/4 of a section has 60 acres.
Tenants in common can make valid testamentary transfers of their interests.
If there is a plat map and a metes and bounds description with an ambiguity, the plat
map will control the result.
RESPA prohibits accepting kickbacks for business referrals.
Racially discriminatory covenants are still enforceable as private land rights.
A patent ambiguity is a mutual mistake of fact.
A mortgagee who allows late payments loses its right to foreclose.
The Clean Air Act Amendments of 1990 return all responsibilities for SIPs to the states.
The Uniform Condominium Act has been adopted in a majority of the states.
Under the URLTA, the landlord cannot enter the tenant’s dwelling without advance
notice.
State laws dictate who has the authority to serve as the closing agent for real estate
transactions.
Condominium ownership is not fee simple ownership.
Zoning can be used to stop growth in a community.
The Bureau of Consumer Financial Protection is the new federal agency for consumer
rights that is located within the Federal Reserve.
The Federal Water Pollution Control Administration enforces federal water pollution
laws.
Lending at less favorable terms in certain pre’‘designated geographic areas is a form of
redlining.
Grimley Farms has been located on a 62-acre tract of land since, as near as the land
documents reflect, the American Revolutionary War. In 1982, Marathon acquired three
tracts of land surrounding Grimley Farms and began drilling for oil. Marathon hit a
substantial oil find at an angle of drilling and began pumping. The pool of oil is located
beneath Grimley Farms. The Grimley family has demanded the majority portion of the
royalties from the sale of the oil captured by Marathon. Marathon claims it owns the oil.
Which of the following statements is correct?
a. Grimley owns all of the rights to the oil
b. In a nonownership state, Marathon owns all of the rights to the oil
c. Marathon owns all of the rights to the oil in a Rule-of-Capture state
d. Marathon needs a license or profit a prendre from Grimley to drill in a nonownership
state
Which of the following must be disclosed by a seller?
a. Termite damage
b. Presence of pipe that is the subject of a class action litigation
c. Roof leak
d. All must be disclosed
Ella has three children, Todd, Terry, and Tricia. Terry has passed away but leaves a wife
and three children. Ella’s will directs that her property be distributed to her children,
‘share and share alike.’ Her will also directs that if her children predecease her that her
children’s heirs ‘shall inherit that child’s share, share and share alike.’ What method of
distribution is Ella following?
a. The per capita method of distribution
b. The blended UPC method of distribution
c. A per stirpes method of distribution
d. None of the above
For adverse possession, which of the following is not required?
a. Open and notorious use
b. Exclusive possession
c. Permissive use
d. All of the above are required
Jane and Greg Portabello own property along the coast. They want to build a larger
home. They have been denied a permit unless they create a path through their property
to the beach.
a. The county has the authority to demand the path
b. Just compensation does not apply to easements
c. The path is simply a fee for the permit
d. None of the above
A neighbor who permits other neighbors to use his swimming pool
a. Has granted an affirmative easement
b. Has granted a license
c. Has granted an easement in gross
d. Has provided a way for the neighbors to acquire a prescriptive easement
Haas Development has applied for approval of a master planned community in the city
of Blythe. Blythe is willing to approve the project if Hass will place city parks at four
strategic locations in the development. Which of the following is correct?
a. Blythe has engaged in a taking; Hass must be compensated
b. Haas can agree to the parks, but the city cannot demand that they belong to the city
c. Blythe has engaged in favoritism
d. Both a and b
A zoning regulation that prohibits “annoying” businesses in a business district
a. Is void for vagueness
b. Is valid so long as all businesses are subject to regulation
c. Is an infringement of First Amendment rights
d. None of the above
Who are NIMBYs?
a. Landowners who do not want certain developments near them (not in my back yard)
b. Zoning provisions that prevent large-box retailers from locating in small towns
c. EMF regulations on the location of cell-phone towers
d. An anti-Wal-Mart group
The Religious Land Use and Institutionalized Persons Act
a. Allows local entities to impose strict controls on religious building construction
b. Imposes restrictions on local restrictions on religious organizations
c. Is a federal law that has been declared unconstitutional
d. None of the above
What effect does a finding that a company is a de minimis polluter have on the
company’s liability?
a. The company must still contribute to clean-up
b. The company is liable for only 10% of the costs of clean-up
c. The company must enter into a consent decree
d. The company avoids joint and several liability for the clean-up of property
Which of the following need not be included for a valid mortgage to exist?
a. Written agreement
b. Underlying debt
c. Land description
d. Recording
Which of the following involves designation of certain geographic areas as high risk?
a. Blockbusting
b. Steering
c. Redlining
d. None of the above
The Rule Against Perpetuities applies to
a. Fee simple determinables
b. Fee tails
c. Contingent remainders
d. All of the above
Which of the following best describes the judicial decisions on no-pet policies adopted
by homeowner’ associations?
a. These no-pet policies have been declared unconstitutional
b. These no-pet policies cannot be enforced against owners who have indoor pets only
c. These no-pet policies are valid as long as they are adopted properly
d. These no-pet policies are unenforceable in California
If a debtor defaults on payments to a PMSI perfected fixture creditor, what are the
creditor’s remedies?
a. None, the fixtures are part of the real property
b. The creditor can remove the fixtures
c. The creditor has rights of removal if there are no other creditors with interests in the
property
d. The creditor can collect the debt from the other creditors with interests in the
property
The USA Patriot Act
a. Does not apply to escrow agents
b. Applies only to banks acting as escrow agents
c. Applies to escrow agents and title companies
d. None of the above
What current regulations exist for the disposal of toxic waste?
Explain the problems with a holographic will.
Cora Norberg was murdered by her son. He was convicted of her murder and sentenced
to life in prison. She was survived by that son and two daughters. Her will provided that
her estate was to be distributed per capita to her children. How will the estate be
distributed?
a. One-third to her son and one-third to each of her daughters
b. One-half to each of her daughters
c. Because she was murdered by one of her children, the estate is distributed under the
intestate rules
d. Her son is disinherited and receives only a small stipend.
The scope of an express easement cannot be expanded.
A vested remainder subject to complete divestment is one that is created by conditional
language following the grant.
All Article 9 fixture perfections require the financing statement to be filed in the real
property records.
A fee simple absolute can be conveyed by will.
R is a shareholder in a newly’‘formed corporation that is involved in real estate
development. There are five shareholders and income will be derived from rental
properties only. The other four shareholders wish to elect Subchapter S status. R does
not want to and tells the others he has doubts about the corporation qualifying for
Subchapter S treatment. What result?