The government's right to make laws and regulations for the general welfare is known as:
eminent domain
police power
escheat
the bundle of rights
The City of Atlanta has condemned Nelson's land in order to extend its rapid transit services. This procedure is made possible because of the city's right of:
entry
A private landowner has the right to:
reject a claim for taxes
repudiate a zoning ordinance
disinherit heirs
refuse to sell the property or otherwise prevent the city from taking it for use as a street
In order to be effective, a lien should be:
recorded
published
renewed
delivered
The total collection of rights that may be claimed by private ownership is best described as:
the fee simple system
an estate
freehold
In real estate law, the word fee is closest in meaning to:
possession
an estate of inheritance
a tax or assessment on land
a real estate commission
Which of the following is correct about an estate?
It can exist simultaneously with another estate in the same property
Upon the death of the owner, it either goes to the owner's heirs or to the state by escheat
The owner is always assured of possession
Its duration is either forever or for a lifetime
Bob gives an estate to Jim for the life of Sue. Which of the following is true?
Jim has an estate pur autrie vie
Bob has a possessory estate
Sue is the person in remainder
Sue has a reversionary interest
A right or claim of a creditor to have a debt satisfied from the proceeds of the sale of the debtor's property in the event of default is:
an attachment
a judgement
a writ of execution
a lien
Except for property tax liens and in some cases mechanic's liens, priority of liens is determined by the:
amount of the debt
date of default
date of recording
court at the time of foreclosure
Jones, a life tenant, grants Smith an easement across Jones's land. Later Jones dies. The easement will:
go to Jones's heirs
terminate
remain Smith's
not be enforceable because a life tenant cannot grant an easement without committing waste
The Jones's have purchased an acre of and in Elite Acres subdivision and are aware of the fact that covenants might limit the ways in which they use their property. Which is true of private restrictions?
The covenants cannot restrict the type of architecture they choose for their home
There could be a restriction on selling the home within the first three years after it is constructed
If a covenant specifies one acre of land per dwelling but local zoning permits two houses per acre, they can build two
Covenants can be based on aesthetic considerations
Unauthorized intrusion of a building, improvement, or other attachment onto a neighboring land is:
an easement
an encroachment
Smith signs an agreement with Jones to use and possess Jones's land until May 1st. Their agreement creates:
a less-than-freehold estate for Jones
a periodic tenancy
an estate for years
a reversionary estate for Smith
All of the following can be characteristic of an easement EXCEPT:
an easement creates an interest that may be protected from third party interference
an easement can be created by conveyance
an easement is an incorporeal right in the land of another
an easement may be revoked at will by the servient landowner
Telephone lines are examples of:
an easement in gross
a legally valid encroachment
an easement appurtenant
a non-revocable license
The law allows a person furnishing labor or materials for the improvement of real property to file a mechanic's lien against the property so improved if he/she is not paid. Which of the following is correct concerning such liens?
A mechanic's lien takes priority over all other liens
A mechanic's lien is a general lien
A mechanic's lien filed by a subcontractor is ineffective against a property owner who has proof of having paid the general contractor
A mechanic's lien will expire if the claimant does not take the necessary steps to enforce it
All of the following can be acceptable methods of terminating an easement EXCEPT:
abandonment of the easement by the owner of the dominant estate
the owner of the servient estate openly and continuously prevents the easement owner from exercising his/her right of use for a statutory period of time
express release to the owner of the servient estate by the owner of the dominant estate
revocation of the easement by the owner of the servient estate
Farmer Brown is tired of hard work. He is deeding acres of his farm to his son and keeping only acres and a house for his own use. He will need an easement across his son's land so that he can get to his own. How is the easement created?
Through a reservation in the deed
By having the son sign a lease
By recording a new plat map and survey
Through an exception in the deed
Which of the following is INCORRECT concerning a conventional life estate?
The owner is called the life tenant
The owner does not have to die for the estate to end
Life estate always pass to the remainderman
A life estate may be sold, leased, or mortgaged
A "freehold estate" is defined as one that:
has a condition attached to it
includes as estate for years
is similar to a leasehold
will last indefinitely
A "homestead" might be defined as a family home. Some states have Homestead Laws which affords some protection for the home from seizure to pay debts of a deceased owner/breadwinner. These laws are designed to protect:
the mortgage lender
the community
the breadwinner
the bereaved family
Revocable permission granted to hunt on another's land is an example of
an incorporeal easement
a license
an easement by prescription
What do dower and curtesy rights have in common?
Legal life estate
Possessory estate
Leasehold estate
Remainder estate
Which of the following phrases would be most typical of a fee simple determinable estate?
"provided that"
"on the expressed condition"
"with the intention of"
"for so long as"
