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Real Estate Law

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kristinamorquech
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chapter 4 cont

Question 1 of 35

1

The power of government to issue zoning regulations is constitutional

Select one of the following:

  • True

  • False

Explanation

Question 2 of 35

1

Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.

Select one of the following:

  • true

  • false

Explanation

Question 3 of 35

1

Zoning is a judicial process and usually involves court proceedings.

Select one of the following:

  • true

  • false

Explanation

Question 4 of 35

1

Zoning does not require procedural due process.

Select one of the following:

  • true

  • false

Explanation

Question 5 of 35

1

Zoning is considered a legislative function of a governmental authority.

Select one of the following:

  • true

  • false

Explanation

Question 6 of 35

1

Zoning is generally enforced through injunction.

Select one of the following:

  • true

  • false

Explanation

Question 7 of 35

1

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

Select one of the following:

  • true

  • false

Explanation

Question 8 of 35

1

State governments have the right to take private property for public use.

Select one of the following:

  • true

  • false

Explanation

Question 9 of 35

1

Local governments do not have the right to take private property for public use.

Select one of the following:

  • true

  • false

Explanation

Question 10 of 35

1

The exercise of the power of eminent domain requires procedural due process.

Select one of the following:

  • true

  • false

Explanation

Question 11 of 35

1

An owners property may be sold to governmental authorities for failure to pay real estate taxes.

Select one of the following:

  • true

  • false

Explanation

Question 12 of 35

1

Public real property is not subject to mechanics and materialmens liens.

Select one of the following:

  • true

  • false

Explanation

Question 13 of 35

1

Mechanics and materialmens liens can never be waived.

Select one of the following:

  • true

  • false

Explanation

Question 14 of 35

1

Private restrictions on the use of real property are never enforceable

Select one of the following:

  • true

  • false

Explanation

Question 15 of 35

1

Generally, private restrictions on the use of real property are enforceable

Select one of the following:

  • true

  • false

Explanation

Question 16 of 35

1

Subcontractors are generally not entitled to a mechanics liens

Select one of the following:

  • true

  • false

Explanation

Question 17 of 35

1

The right to use real property for a special purpose such as a roadway is known as an easement

Select one of the following:

  • true

  • false

Explanation

Question 18 of 35

1

The right to use real property for a special purpose such as a roadway is known as a restrictive covenant

Select one of the following:

  • true

  • false

Explanation

Question 19 of 35

1

A trust deed is a public encumbrance

Select one of the following:

  • true

  • false

Explanation

Question 20 of 35

1

Building codes are generally thought of as private.

Select one of the following:

  • true

  • false

Explanation

Question 21 of 35

1

A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.

Select one of the following:

  • true

  • false

Explanation

Question 22 of 35

1

A Phase I environmental examination involves drilling wells and analyzing water samples.

Select one of the following:

  • true

  • false

Explanation

Question 23 of 35

1

A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples

Select one of the following:

  • true

  • false

Explanation

Question 24 of 35

1

A property owner has the right to challenge an assessment of his or her property for purposes of taxation

Select one of the following:

  • true

  • false

Explanation

Question 25 of 35

1

A property owner does not have the right to challenge an assessment of his or her property for purposes of taxation.

Select one of the following:

  • true

  • false

Explanation

Question 26 of 35

1

Which of the following is generally thought not to be a public encumbrance

Select one of the following:

  • building codes

  • environmental protection laws

  • judgment lien

  • zoning

Explanation

Question 27 of 35

1

The use of real property which is changed or prohibited by subsequent zoning regulations is known as a

Select one of the following:

  • easement

  • nonconforming use

  • injunction

  • ad valorem

Explanation

Question 28 of 35

1

Which of the following is not a public use which supports the exercise of the power of eminent domain

Select one of the following:

  • public street

  • park

  • airport

  • forest reserve

  • none of the above

Explanation

Question 29 of 35

1

Which of the following would not be considered a private encumbrance

Select one of the following:

  • materialmens lien

  • ad valorem tax

  • trust deed

  • restrictive covenant

Explanation

Question 30 of 35

1

Which of the following people are generally entitled to file a mechanics or materialmens lien

Select one of the following:

  • subcontractors

  • laborers

  • material suppliers

  • land surveyors

  • all of the above

Explanation

Question 31 of 35

1

If you were in a state which followed the New York theory of lien claims and an owner had a contract to build a home for $100,000.00 and had already paid the general contractor $60,000.00, the owner responsibility to subcontractors and material suppliers on lien claims would be limited to:

Select one of the following:

  • $40,000.00

  • $60,000.00

  • $100,000.00

  • none of the above

Explanation

Question 32 of 35

1

If you were in a state which applied the Pennsylvania theory of lien claims and an owner had a contract to build a home for $100,000.00 and had already paid the general contractor $60,000.00, the owner liability to subcontractors and materialmen would be limited to

Select one of the following:

  • $40,000.00

  • $100,000.00

  • full amount of their claims

  • $60,000.00

  • none of the above

Explanation

Question 33 of 35

1

Which of the following is not responsible for cleanup costs of hazardous waste

Select one of the following:

  • innocent owners

  • former owners

  • lenders who foreclose and become owners

  • all of the above

  • none of the above

Explanation

Question 34 of 35

1

The amount of real estate taxes are generally based upon

Select one of the following:

  • the value of the property

  • the original purchase price of the property

  • the use of the property

  • the depreciated value of the property

Explanation

Question 35 of 35

1

Which of the following is not considered a legislative function of government

Select one of the following:

  • zoning

  • eminent domain

  • taxation

  • building codes

Explanation