Question 1

To "run with the land," a restrictive covenant must essentially:

Accepted Answer

For a covenant to run with the land,it must have been binding on the original parties to it,and those parties must have intended that the covenant bind their successors.

Question 2

Scrooge's property contains a restrictive covenant that allows only residential use of the land to his inheritors.Over the years,all the adjoining areas of land have become industrial areas.Scrooge's great-grandson,the present owner of his land,wants to set up a small manufacturing unit there.Will he be able to do so?

Accepted Answer

Restrictive covenants may be terminated in a variety of ways,including voluntary relinquishment or a waiver,or by termination due to dramatically changed circumstances.

Question 3

Adams issues a license of his land to Crowe for planting flower trees only.In the deed,Adams makes it clear that Crowe may not take undue advantage of the license by using it for commercial purposes.However,after a few days,Adams realizes that Crowe has made a profit by selling flowers,without his knowledge.Can Adams recover the amount that Crowe collected from sale?

Accepted Answer

Adams had issued restrictive covenants to Crowe in the use of his land.So he can recover damages or any profits.

Question 4

An easement by prior use is created by:

Accepted Answer

An easement by prior use may be created when land is subdivided and a path,road,or other apparent and beneficial use exists as of the time that a portion of the land is conveyed to another person.It is an easement created by implication.

Question 5

When taxes assessed on real property are not paid when due,they become a(n)________ on the land.

Accepted Answer

If taxes assessed on real property are not paid when due,they become a lien on the property.This lien has priority over other claims to the land.

Question 6

Which of the following is a history of what the public records show regarding the passage of title to,and other interests in,a parcel of real property?

Accepted Answer

An abstract of title is a history of what the public records show regarding the passage of title to,and other interests in,a parcel of real property.However,it is not a guarantee of good title.

Question 7

A(n)________ is a right to enter another person's land and remove some product or part of the land.

Accepted Answer

A profit is a right to enter another person's land and remove some product or part of the land.Timber,gravel,minerals,and oil are among the products and parts frequently made the subject of profits.

Question 8

To create an easement by prescription a person must,in addition to fulfilling other requirements,have:

Accepted Answer

An easement by prescription is created when one person uses another's land openly,continuously,and in a manner adverse to the owner's rights for a period of time specified by state statute.

Question 9

Which of the following deeds uses phrases such as - "I grant," "I bargain and sell," or "I convey"?

Accepted Answer

In a deed of bargain and sale (also known as a grant deed),the grantor makes no covenants.The grantor uses language such as "I grant" or "I bargain and sell" or "I convey" property.

Question 10

Which of the following are frequently used to cure technical defects in the chain of title to property?

Accepted Answer

Quitclaim deeds are frequently used to cure technical defects in the chain of title to property.

Question 11

A purchaser of real property who wishes to receive the broadest protection with respect to the property being conveyed should obtain a:

Accepted Answer

Under a general warranty deed,the grantor warrants against (and agrees to defend against)all title defects and encumbrances (such as liens and easements),including those that arose before the grantor received her title.

Question 12

Sally seeks to list her home with Barry,a real estate broker.Sally and Barry agree that Barry will receive a commission if the home sells within 90 days,regardless of who actually causes the sale of the property.Sally and Barry have a(n):

Accepted Answer

An exclusive right to sell contract provides the broker the exclusive right to sell the property for a specified period of time and entitles her to a commission no matter who procured the buyer.

Question 13

A broker operating under a(n)________ contract is entitled to a commission only if he was the first to find a ready,willing,and able buyer.

Accepted Answer

Under an open listing contract,the broker receives a nonexclusive right to sell the property.The broker is entitled to a commission only if he was the first to find a ready,willing,and able buyer.

Question 14

Which of the following is sufficient for a gift of real property to be valid?

Accepted Answer

For a gift of real property to be valid,the donor must deliver a properly executed deed to the donee or to a third person who is to hold it for the donee.In other words,'the intent to make a gift' is required.

Question 15

Most owners of real property acquire title how?

Accepted Answer

Most owners of real property acquired title by purchasing the property.

Question 16

What is the term for a temporary right to enter another person's land for a specific purpose?

Accepted Answer

A license is a temporary right to enter another individual's land for a specific purpose.

Question 17

Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title?

Accepted Answer

A quitclaim deed conveys whatever title the grantor has at the time he executes the deed.It does not,however,contain warranties of title.

Question 18

Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable?

Accepted Answer

Because they are within the statute of frauds,real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged in order to be enforceable.

Question 19

Lisa lives next to a vacant plot that belongs to Carol.Carol has never visited the plot in the last 20 years during which period,Lisa has taken care of it by fencing the plot and mowing the grass.If this continues,Lisa will be able to claim ownership of land based on:

Accepted Answer

A person,who stays in possession of another's land for a statutory period of time,may get rights to it through the clause of adverse possession.The actual owner would then have to reclaim it within a stipulated period of time.

Question 20

A deed where the grantor warrants against (and agrees to defend against)title defects and encumbrances that arose after she acquired the property is called:

Accepted Answer

Under a special warranty deed,the grantor warrants against (and agrees to defend against)title defects and encumbrances that arose after she acquired the property.

Quiz 24: Real Property