Land Use Controls And Restrictions! Trivia Facts Quiz

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Land Use Controls And Restrictions! Trivia Facts Quiz - Quiz

Land use and zoning involve the regulation of the application and development of the real estate. This being said, areas that have the same type of properties are meant to be secluded in a given geographical area. As a surveyor, what do you understand when it comes to land use controls and restrictions? Can you advise someone on the two? Take up this quiz and get to find out.


Questions and Answers
  • 1. 

    A utility company has the recorded right to erect poles on an owner's property and run electrical lines over it. The utility company has a(n)

    • A.

      Negative Easement

    • B.

      Prescriptive easement

    • C.

      Easement in gross

    • D.

      License

    Correct Answer
    C. Easement in gross
    Explanation
    The utility company has an easement in gross. An easement in gross is a right granted to a person or entity to use someone else's property for a specific purpose, regardless of who owns the property. In this case, the utility company has the right to use the owner's property to erect poles and run electrical lines. This right is not tied to any specific individual and is not transferable or inheritable.

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  • 2. 

    A property has an assessed value of $137,500.  With an equalization factor of 117 percent and a tax rate of .037 per dollar of value, what are the taxes?

    • A.

      $1,608.75

    • B.

      $5,952.37

    • C.

      $16,087.50

    • D.

      $16,875.00

    Correct Answer
    B. $5,952.37
    Explanation
    The assessed value of the property is multiplied by the equalization factor of 117% to determine the equalized value. The equalized value is then multiplied by the tax rate of .037 to calculate the taxes. Therefore, the correct answer is $5,952.37.

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  • 3. 

    A lien on real property can be created by:

    • A.

      A contractor who makes improvements

    • B.

      Restrictive covenants

    • C.

      An encroachment

    • D.

      Unauthorized use

    Correct Answer
    A. A contractor who makes improvements
    Explanation
    A lien on real property can be created by a contractor who makes improvements. When a contractor performs work on a property and is not paid, they may have the right to place a lien on the property. This lien serves as a legal claim against the property and can prevent its sale or transfer until the contractor is paid. It is a way to ensure that contractors are compensated for their work and helps protect their rights in case of non-payment.

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  • 4. 

    T had an easment over the land of U.  T purchased U's land and resold it to V without mentioning the easment.  What would be the result?

    • A.

      T's easement remains intact because the easement remains once it is a matter of record.

    • B.

      T has lost the easement rights

    • C.

      U now has easement rights over the land of V

    • D.

      V now has an easement right over the land of U

    Correct Answer
    B. T has lost the easement rights
    Explanation
    When T purchased U's land and resold it to V without mentioning the easement, T lost the easement rights. This means that T no longer has the legal right to use the land in the same way they did before. The easement rights do not automatically transfer to V or U, so they do not gain the easement rights as a result of this transaction.

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  • 5. 

    A landowner who properly takes water from a river flowing through the property is exercising a(n):

    • A.

      Littoral right

    • B.

      Prescriptive right

    • C.

      Riparian right

    • D.

      Avulsion

    Correct Answer
    C. Riparian right
    Explanation
    A riparian right refers to the legal right of a landowner to use water from a river or stream that flows through their property. This right is based on the principle that the landowner has a natural and reasonable claim to the water due to their proximity to the water source. The landowner can use the water for various purposes such as drinking, irrigation, or recreational activities, as long as it does not interfere with the rights of other riparian owners.

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  • 6. 

    A property has littoral rights.  This means that the property:

    • A.

      Is subject to restrictive zoning

    • B.

      Borders a sea or an ocean

    • C.

      Has ownership restrictions spelled out in the deed

    • D.

      Has oil and mineral rights

    Correct Answer
    B. Borders a sea or an ocean
    Explanation
    Littoral rights refer to the rights of a property owner whose land borders a sea or an ocean. These rights typically include access to and use of the water, as well as ownership of any land that may form due to natural processes like erosion or sedimentation. It does not necessarily imply any restrictions on zoning, ownership, or oil and mineral rights.

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  • 7. 

    A property was appraised for tax purposes at 80 percent of it's $140,000  purchase price.   The millage rate is 25.8.  What will the annual taxes be on the property?

    • A.

      $2,064

    • B.

      $2,890

    • C.

      $2,900

    • D.

      $3,612

    Correct Answer
    B. $2,890
    Explanation
    The property was appraised at 80% of its purchase price, which is $140,000. Therefore, the appraised value of the property is $140,000 * 0.8 = $112,000. The millage rate is 25.8, which means that for every $1,000 of assessed value, $25.8 in taxes will be owed. To calculate the annual taxes on the property, we need to find the assessed value of the property and then multiply it by the millage rate. The assessed value is $112,000 / $1,000 = $112. Therefore, the annual taxes on the property will be $112 * $25.8 = $2,889.6, which is closest to $2,890.

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  • 8. 

    A lien differs from other encumbrances in that a lien:

    • A.

      Is a monetary claim

    • B.

      Can be enforced by an injunction

    • C.

      Is a permissive right

    • D.

      Restricts use

    Correct Answer
    A. Is a monetary claim
    Explanation
    A lien is a legal claim or right that a person or entity has over someone else's property as security for a debt or obligation. Unlike other encumbrances, such as easements or restrictive covenants that limit the use of the property, a lien specifically represents a monetary claim. It gives the lienholder the right to take legal action to enforce the claim and potentially seize or sell the property to satisfy the debt.

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  • 9. 

    An exception to the zoning granted by a planning or zoning commission would be known as:

    • A.

      A variance

    • B.

      A nonconforming use

    • C.

      Rezoning

    • D.

      Downsizing

    Correct Answer
    A. A variance
    Explanation
    An exception to the zoning granted by a planning or zoning commission is known as a variance. A variance allows a property owner to deviate from the established zoning regulations for their property. It is typically granted when strict adherence to the regulations would cause undue hardship or when there are unique circumstances that warrant a deviation. Variances are usually subject to certain conditions and restrictions to ensure that they do not negatively impact the surrounding area.

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  • 10. 

    A zoning change from single family use to multifamily use would be:

    • A.

      Downzoning

    • B.

      Bulk zoning

    • C.

      Conservation zoning

    • D.

      Upzoning

    Correct Answer
    D. Upzoning
    Explanation
    Upzoning refers to a zoning change that allows for more intensive use of land, such as changing from single-family use to multifamily use. This typically involves increasing the density or height restrictions for buildings in a particular area. Upzoning can be used to accommodate population growth, promote mixed-use development, or increase affordable housing options. It is the opposite of downzoning, which involves reducing the intensity of land use, and is different from bulk zoning and conservation zoning, which focus on regulating building size and protecting natural resources, respectively.

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  • 11. 

    An easement that prohibits development of the servient tenement would be a(n):

    • A.

      Easement by necessity

    • B.

      Affirmative easement

    • C.

      Conservation easement

    • D.

      Implied easement

    Correct Answer
    C. Conservation easement
    Explanation
    A conservation easement is a type of easement that restricts or prohibits development on the servient tenement in order to preserve and protect the land's natural, historical, or cultural features. It is a voluntary agreement between the landowner and a conservation organization or government agency. The purpose of a conservation easement is to ensure the long-term conservation of the land while allowing the landowner to retain ownership and use of the property. Therefore, a conservation easement would be the correct answer as it aligns with the description of an easement that prohibits development.

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  • 12. 

    A writ of execution would be used to enforce a(n):

    • A.

      Lis pendens

    • B.

      Attachment

    • C.

      Judgement

    • D.

      Zoning

    Correct Answer
    C. Judgement
    Explanation
    A writ of execution is a legal document used to enforce a judgment. When a judgment is issued in a court case, it typically requires the losing party to pay a certain amount of money to the winning party. However, the winning party may need to use a writ of execution to enforce the judgment if the losing party refuses to pay. The writ allows the winning party to seize the losing party's assets or garnish their wages in order to satisfy the judgment. Therefore, a writ of execution would be used to enforce a judgment, making it the correct answer.

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  • 13. 

    The term lis pendens refers to

    • A.

      A valid property listing

    • B.

      An executory contract

    • C.

      Construction work in progress

    • D.

      A recorded notice of a pending lawsuit

    Correct Answer
    D. A recorded notice of a pending lawsuit
    Explanation
    Lis pendens refers to a recorded notice of a pending lawsuit. It is a legal concept that signifies that there is a lawsuit or legal action pending against a property. This notice is filed in the public records to inform potential buyers or interested parties that the property's ownership may be affected by the outcome of the lawsuit. It serves as a warning to anyone who may be considering purchasing or dealing with the property, ensuring that they are aware of the legal dispute and its potential impact.

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  • 14. 

    J built a service station in compliance with existing zoning.  A subsequent change in the zoning excluded service station use on the site.  What are J's rights?

    • A.

      J is entitled to have the zoning changed

    • B.

      J's use is a nonconforming use

    • C.

      J has an automatic variance

    • D.

      The city is required to give J a conditional use permit

    Correct Answer
    B. J's use is a nonconforming use
    Explanation
    J's use is a nonconforming use means that even though the zoning has changed and service station use is no longer allowed on the site, J is still permitted to continue operating the service station. This is because J's use predates the change in zoning, and therefore, is considered a legal nonconforming use. J is not entitled to have the zoning changed, does not have an automatic variance, and the city is not required to give J a conditional use permit.

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  • 15. 

    F had an easement allowing F to place communication equipment on top of an adjacent 3.0 story building owned by G.  The building was destroyed by fire.  What are F's rights?

    • A.

      F can force G to rebuild

    • B.

      F's rights terminated with the destruction of the building

    • C.

      If another building is built on the site, F's rights would be renewed

    • D.

      F's rights were lost by merger

    Correct Answer
    B. F's rights terminated with the destruction of the building
    Explanation
    When the building was destroyed by fire, F's easement rights were terminated. Easement rights are typically tied to the existence of the property or structure on which the easement is granted. Since the building no longer exists, F no longer has the right to place communication equipment on top of it. Therefore, F's rights terminated with the destruction of the building.

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  • 16. 

    K sold land to L with a restrictive covenant that the property cannot be conveyed to non-Caucasians.  L wishes to sell to a buyer who is not a Caucasian.  Which of the following statements describes L's rights?

    • A.

      L can go to court to have the restriction declared void

    • B.

      If L sells to a non Caucasian person then L would be liable to K for damages

    • C.

      If L sells to a non Caucasian person, title would revert to K

    • D.

      L can ignore the restriction and sell to any qualified buyer

    Correct Answer
    D. L can ignore the restriction and sell to any qualified buyer
    Explanation
    L can ignore the restriction and sell to any qualified buyer. This means that L is not bound by the restrictive covenant and can freely sell the property to anyone who meets the qualifications, regardless of their race or ethnicity.

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  • 17. 

    To remove a nuisance, a property owner would bring an action for:

    • A.

      Attachment

    • B.

      Abatement

    • C.

      Encroachment

    • D.

      Injunction

    Correct Answer
    B. Abatement
    Explanation
    When a property owner wants to remove a nuisance, they would bring an action for abatement. Abatement refers to the legal process of eliminating or reducing a nuisance on a property. This could involve taking steps to eliminate the nuisance, such as repairing or removing the source of the problem. By bringing an action for abatement, the property owner seeks to address the nuisance and restore the property to its proper condition.

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  • 18. 

    J's nonconforming use predated the present zoning.  J's right to the use:

    • A.

      Can be abated if the use is a nuisance

    • B.

      Must immediately cease

    • C.

      Can be expanded

    • D.

      Can be reinstated even if abandoned

    Correct Answer
    A. Can be abated if the use is a nuisance
    Explanation
    J's nonconforming use predated the present zoning, which means that J was using the property in a way that was allowed before the current zoning regulations were put in place. However, if J's use of the property becomes a nuisance, such as causing excessive noise or pollution, it can be abated. This means that the authorities can take action to stop or reduce the nuisance caused by J's use of the property, even though it was allowed before the zoning regulations were implemented.

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  • 19. 

    A condition differs from a covenant on the point of:

    • A.

      Writing

    • B.

      Acknowledgment

    • C.

      Forfeiture

    • D.

      Time limitations

    Correct Answer
    C. Forfeiture
    Explanation
    A condition differs from a covenant on the point of forfeiture. A condition is a provision in a contract that, if not fulfilled, can result in the termination or invalidation of the contract. On the other hand, a covenant is a promise or agreement made by one party to another, which does not typically result in the termination of the contract if breached. Therefore, forfeiture is the key distinction between a condition and a covenant.

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  • 20. 

    A recorded instrument that places private restrictions on land use would be a(n):

    • A.

      Zoning restriction

    • B.

      Restrictive covenant

    • C.

      Attachment

    • D.

      Nuisance

    Correct Answer
    B. Restrictive covenant
    Explanation
    A recorded instrument that places private restrictions on land use is known as a restrictive covenant. This is a legal agreement between property owners that limits the way in which a property can be used or developed. It is typically recorded in the land records and binds subsequent owners of the property. This differs from a zoning restriction, which is a government-imposed regulation on land use. An attachment refers to the seizure of property to satisfy a debt, while a nuisance refers to a condition that interferes with the use or enjoyment of a property.

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  • 21. 

    A lien that covers all real and personal property of the debtor within the county where recorded would be a(n):

    • A.

      Mechanic's lien

    • B.

      Judgement lien

    • C.

      Attachment

    • D.

      Lis pendens

    Correct Answer
    B. Judgement lien
    Explanation
    A judgement lien is a type of lien that covers all real and personal property of the debtor within the county where it is recorded. This means that if a judgement lien is placed on a debtor's property, the creditor has a legal claim to that property and can potentially seize it to satisfy the debt. This type of lien is typically obtained through a court judgement after a lawsuit, and it allows the creditor to have priority over other creditors when it comes to collecting the debt.

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  • 22. 

    What kind of zoning woiuld require that a developer build 10 percent of the homes in a subdivision for low income families?

    • A.

      Exclusionary

    • B.

      Cumulative

    • C.

      Inclusionary

    • D.

      Conservation

    Correct Answer
    C. Inclusionary
    Explanation
    Inclusionary zoning would require that a developer build 10 percent of the homes in a subdivision for low income families. This type of zoning aims to promote socioeconomic diversity and provide affordable housing options within a community. By mandating the inclusion of low-income housing units, inclusionary zoning helps to prevent exclusion and segregation, and encourages the integration of different income groups in a neighborhood or subdivision.

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  • 23. 

    Restrictive covenants can be enforced by

    • A.

      The local building inspector

    • B.

      Anyone who knows of them

    • C.

      Anyone who is subject to the restrictions

    • D.

      The local zoning commission

    Correct Answer
    C. Anyone who is subject to the restrictions
    Explanation
    Restrictive covenants are legal agreements that impose certain limitations or restrictions on the use of a property. These restrictions are typically included in the property's deed and are binding on anyone who owns or occupies the property. Therefore, it makes sense that anyone who is subject to these restrictions would have the authority to enforce them. This could include the current owner, future owners, or even tenants of the property. The other options listed, such as the local building inspector or zoning commission, may have a role in enforcing other regulations or codes, but they would not be the primary enforcers of restrictive covenants.

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  • 24. 

    An example of a public nuisance would be a:

    • A.

      Neighbor building a driveway over the property of another

    • B.

      Factory that emits hazardous chemical smoke

    • C.

      Neighbor who conducts a business from the home

    • D.

      Neighbor who plays loud rock music constantly

    Correct Answer
    B. Factory that emits hazardous chemical smoke
    Explanation
    The correct answer is a factory that emits hazardous chemical smoke. This is considered a public nuisance because it poses a threat to the health and safety of the surrounding community. The emission of hazardous chemicals can cause air pollution and potentially harm the residents and the environment. It is the responsibility of the factory to ensure that their operations do not negatively impact the public.

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  • 25. 

    An enforceable restrictive covenant could prohibit:

    • A.

      Transfer outside bloodlines

    • B.

      A property from being used as a church

    • C.

      An owner from transferring or encumbering a property

    • D.

      Ownership by a female

    Correct Answer
    B. A property from being used as a church
    Explanation
    An enforceable restrictive covenant can prohibit a property from being used as a church. This means that the owner of the property is legally bound to not allow the property to be used for religious worship or any activities related to a church. This type of restriction is commonly seen in neighborhoods or communities where certain types of land uses are not permitted, such as religious institutions. It aims to maintain the intended purpose or character of the area and prevent any potential conflicts or disturbances that may arise from the operation of a church on the property.

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  • 26. 

    A permissive use that gives no future rights to the user would be a(n):

    • A.

      Restrictive covenant

    • B.

      Nonconforming use

    • C.

      License

    • D.

      Encroachment

    Correct Answer
    C. License
    Explanation
    A license is a permissive use that grants permission to use someone else's property or intellectual property, but it does not confer any future rights to the user. Unlike a restrictive covenant, which imposes limitations on the use of property, a license allows the user to utilize the property for a specific purpose or period of time without acquiring any ownership or future rights. Similarly, a nonconforming use refers to a pre-existing land use that does not conform to current zoning regulations, while an encroachment involves the unauthorized intrusion onto someone else's property.

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  • 27. 

    Which of the following is the decimal equivalent of 3 mills?

    • A.

      .3

    • B.

      .03

    • C.

      .003

    • D.

      .0003

    Correct Answer
    C. .003
    Explanation
    The decimal equivalent of 3 mills is .003. A mill is equal to one thousandth of a dollar, so 3 mills would be three thousandths of a dollar. In decimal form, this is represented as .003.

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  • 28. 

    An easement created by adverse use would be an easement by:

    • A.

      Necessity

    • B.

      Prescription

    • C.

      Reservation

    • D.

      Grant

    Correct Answer
    B. Prescription
    Explanation
    Prescription is the correct answer because an easement created by adverse use refers to the acquisition of an easement through continuous and uninterrupted use of another person's property without their permission. This use must be open, notorious, and hostile for a statutory period of time, which varies by jurisdiction. Through prescription, the person using the property gains a legal right to continue using it, even if the original owner did not grant permission.

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  • 29. 

    When J sold land to K, the deed failed to give K the right of access to the land over a road on J's land.  The court later determined that K had the right to use the road because there was a(n):

    • A.

      Express easement

    • B.

      Easement by reservation

    • C.

      Prescriptive easement

    • D.

      Easement by implication

    Correct Answer
    D. Easement by implication
    Explanation
    The court determined that K had the right to use the road because there was an easement by implication. This means that although the deed did not explicitly grant K the right of access, it can be inferred or implied from the circumstances surrounding the sale of the land. The court likely considered factors such as the necessity of the road for K to access the land, the prior use of the road by both parties, and the intention of the parties involved.

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  • 30. 

    J uses K's land under an easement right.  K's land is considered a(n):

    • A.

      Dominant tenement

    • B.

      Servient tenement

    • C.

      Prescriptive right

    • D.

      Affirmative right

    Correct Answer
    B. Servient tenement
    Explanation
    In this scenario, J is using K's land under an easement right. The landowner who grants the easement is known as the servient tenement, while the person who benefits from the easement is known as the dominant tenement. Since K's land is being used by J under an easement right, K's land is considered the servient tenement in this situation.

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  • 31. 

    An offensive nonphysical invasion fof the land of another would be a(n):

    • A.

      Encroachment

    • B.

      License

    • C.

      Nuisance

    • D.

      Abatement

    Correct Answer
    C. Nuisance
    Explanation
    A nonphysical invasion of another person's land refers to causing annoyance or disturbance to the landowner. This can be categorized as a nuisance, which typically involves actions that interfere with the use or enjoyment of the property. Encroachment refers to the unauthorized intrusion of one's property onto another's land. License refers to the permission or legal right to use someone else's property. Abatement refers to the act of reducing or eliminating a problem or nuisance. Therefore, among the given options, the most suitable term for an offensive nonphysical invasion of land is "nuisance."

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  • 32. 

    An easement without a dominant tenement would be an:

    • A.

      Implied easement

    • B.

      Easement by necessity

    • C.

      Appurtenant easement

    • D.

      Easement in gross

    Correct Answer
    D. Easement in gross
    Explanation
    An easement in gross is a type of easement that does not require a dominant tenement, which means it does not need a specific piece of land to benefit from the easement. Unlike other types of easements, an easement in gross is typically granted to an individual or entity rather than being attached to a specific property. This type of easement is often used for utility companies or government entities that need access to land for specific purposes. Therefore, an easement without a dominant tenement would be classified as an easement in gross.

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  • 33. 

    Priority of judgement liens would be based on the:

    • A.

      Date of the debt

    • B.

      Date of the lien recording

    • C.

      Amount of the debt

    • D.

      Reason for the debt

    Correct Answer
    B. Date of the lien recording
    Explanation
    The priority of judgement liens is determined by the date of the lien recording. This means that the order in which liens are recorded will determine their priority. Liens that are recorded earlier will have a higher priority than those recorded later. This is important because in the event of a debtor's assets being liquidated, liens with higher priority will be paid off first before the ones with lower priority. The other factors mentioned, such as the date of the debt, amount of the debt, and reason for the debt, do not play a role in determining the priority of judgement liens.

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  • 34. 

    A judgment lienholder foreclosed and purchased property at the sale.  Which of the following describes the foreclosing lienholders rights?

    • A.

      Title is free of all but tax liens

    • B.

      Title is clear of all liens

    • C.

      Title is subject to property tax liens and prior liens

    • D.

      Title is subject to all liens

    Correct Answer
    C. Title is subject to property tax liens and prior liens
    Explanation
    The correct answer is "Title is subject to property tax liens and prior liens." When a judgment lienholder forecloses and purchases a property, they acquire the title subject to any existing property tax liens and prior liens. This means that the new owner of the property will be responsible for paying off these liens.

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  • 35. 

    J bought K's property but waws not aware that L had filed a lis pendens action concerning the property prior to the purchase.  The result would be that:

    • A.

      L would take title to the property

    • B.

      J's title woudl be subject to L's claim

    • C.

      The lis pendens would be terminated by the transfer

    • D.

      The title would be held in trust for the benefit of L

    Correct Answer
    B. J's title woudl be subject to L's claim
    Explanation
    J's title would be subject to L's claim means that even though J bought K's property, L's claim on the property would still be valid and could potentially affect J's ownership rights. This implies that J may not have full and clear ownership of the property due to L's prior action.

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  • 36. 

    The correct chronological order of events involving a judgment would be:

    • A.

      Judgment, lis pendens, attachment

    • B.

      Attachment, judgment, execution

    • C.

      Attachment, judgment, lis pendens

    • D.

      Lis pendens, judgment, attachment

    Correct Answer
    B. Attachment, judgment, execution
    Explanation
    The correct chronological order of events involving a judgment would start with attachment, followed by judgment, and finally execution. Attachment refers to the legal process of seizing someone's property as security for a debt or claim. Once the attachment is established, a judgment is made, which is the formal decision of a court regarding the rights and claims of parties involved in a legal dispute. Finally, execution refers to the process of enforcing the judgment by carrying out the court's decision, such as seizing the attached property to satisfy the debt.

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  • 37. 

    Which of the following is a general lien?

    • A.

      Mechanic's lien

    • B.

      Property tax lien

    • C.

      Special tax assessment

    • D.

      Judgment lien

    Correct Answer
    D. Judgment lien
    Explanation
    A judgment lien is a type of general lien. A general lien is a legal claim against all property owned by a debtor, regardless of the specific property involved in the debt. In the case of a judgment lien, it is a lien placed on the debtor's property as a result of a court judgment. This means that the creditor has the right to claim the debtor's property to satisfy the debt owed. In contrast, a mechanic's lien, property tax lien, and special tax assessment are all specific liens that are tied to a particular property or type of debt.

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  • 38. 

    While a lot is zoned for apartments, single family homes can be built because the zoning is:

    • A.

      Inclusionary

    • B.

      Cumulative

    • C.

      Exclusionary

    • D.

      Noncumulative

    Correct Answer
    B. Cumulative
    Explanation
    The correct answer is cumulative. This means that the zoning allows for both apartments and single-family homes to be built. The zoning regulations do not restrict the construction of single-family homes even though the area is primarily zoned for apartments. This allows for a mix of housing options in the area.

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  • 39. 

    Which of the following liens is a voluntary lien?

    • A.

      Tax lien

    • B.

      Mortgage lien

    • C.

      Judgment lien

    • D.

      Attachment

    Correct Answer
    B. Mortgage lien
    Explanation
    A mortgage lien is a voluntary lien because it is created willingly by the borrower when they obtain a mortgage loan to purchase a property. The borrower agrees to give the lender a lien on the property as security for the loan. This means that if the borrower fails to repay the loan, the lender has the right to foreclose on the property and sell it to recover the outstanding debt. In contrast, tax liens, judgment liens, and attachments are involuntary liens that are imposed by law or court order without the consent of the property owner.

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  • 40. 

    L knew that M was giong to build a new structure that would be an encroachment over L's land.  L waited until the structure was completed before bringing an action to remove the encroachment.  A court ruling against L would be based on:

    • A.

      Prior appropriation

    • B.

      Laches

    • C.

      A lis pendens

    • D.

      M's littoral rights

    Correct Answer
    B. Laches
    Explanation
    Laches is a legal doctrine that refers to unreasonable delay in asserting one's rights, which results in prejudice to the other party. In this scenario, L knew about M's intention to build the structure and waited until it was completed before taking any action. By doing so, L delayed in asserting their rights and allowed M to complete the encroachment. As a result, a court ruling against L would be based on laches, as L's unreasonable delay caused prejudice to M.

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  • 41. 

    An example of downzoning would be:

    • A.

      Placing height limitations on property

    • B.

      Zoning from single family to multiple family use

    • C.

      Zoning from multiple family to single family use

    • D.

      Zoning requiring a percentage of low income housing

    Correct Answer
    C. Zoning from multiple family to single family use
    Explanation
    Downzoning refers to the process of changing the zoning regulations to restrict the use of a property to a less intensive or lower density use. In this case, the correct answer is "zoning from multiple family to single family use." This means that the property, which was previously allowed for multiple family use, is now limited to single family use only. This change in zoning regulations would result in a decrease in the density of housing in that area, potentially leading to larger lots and fewer housing units.

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  • 42. 

    The zoning in a subdivision allows duplexes, but the restrictive covenants restrict the use to single family dwellings.  An owner in the subdivision;

    • A.

      Can build either a duplex or a single family home

    • B.

      Can convert a single family home to a duplex

    • C.

      Is restricted to single family use

    • D.

      Can bring an action to abate the restrictive covenants

    Correct Answer
    C. Is restricted to single family use
    Explanation
    The answer "is restricted to single family use" is correct because even though the zoning allows for duplexes, the restrictive covenants specifically limit the use of the property to single family dwellings. This means that the owner is not allowed to build a duplex or convert a single family home into a duplex. They are bound by the restrictions and can only use the property for single family purposes. Bringing an action to abate the restrictive covenants may be an option, but it is not mentioned in the question.

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  • 43. 

    The property tax amount would be determined by

    • A.

      Dividing the assessment roll by the budget needs

    • B.

      Multiplying the assessed value by the tax rate

    • C.

      Dividing the assessed value by the tax rate

    • D.

      Dividing the tax rate by the assessed value

    Correct Answer
    B. Multiplying the assessed value by the tax rate
    Explanation
    The correct answer is multiplying the assessed value by the tax rate. This is because property tax is typically calculated by multiplying the assessed value of the property (as determined by the local government) by the tax rate set by the municipality or other taxing authority. This calculation determines the amount of property tax that the property owner is required to pay.

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  • 44. 

    Tacking on refers to

    • A.

      An addition to a structure

    • B.

      An additional party to a document

    • C.

      Obtaining an easement by prescription

    • D.

      A codocil to a will

    Correct Answer
    C. Obtaining an easement by prescription
    Explanation
    Tacking on refers to the legal concept of combining multiple periods of adverse possession by different individuals in order to establish a continuous period of possession. In this context, obtaining an easement by prescription refers to the acquisition of a right to use someone else's property through continuous and uninterrupted use over a certain period of time, without the need for a formal agreement or permission. This is the most suitable explanation for the term "tacking on" among the given options.

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  • 45. 

    What is required before a tenant can move into a newly completed building?

    • A.

      The builder must supply lien waivers

    • B.

      The lender must approve

    • C.

      An occupancy permit must be obtained

    • D.

      The owner must post a completion bond

    Correct Answer
    C. An occupancy permit must be obtained
    Explanation
    Before a tenant can move into a newly completed building, an occupancy permit must be obtained. This permit is necessary to ensure that the building meets all the required safety and building codes. It certifies that the building is suitable for occupancy and that all necessary inspections have been conducted. Without an occupancy permit, it would be unsafe and potentially illegal for tenants to move into the building.

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  • 46. 

    An easement in gross differs from other easements in that it:

    • A.

      Is attached to a person not a property

    • B.

      Is a revocable easement

    • C.

      Has a definite termination date

    • D.

      Is an appurtenant easement

    Correct Answer
    A. Is attached to a person not a property
    Explanation
    An easement in gross differs from other easements in that it is attached to a person, not a property. This means that the right to use the land is granted to a specific individual or entity, rather than being tied to a specific piece of property. Unlike other easements, which are typically tied to the land itself and transfer with the property when it is sold, an easement in gross is personal and does not transfer to subsequent owners.

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  • 47. 

    A city can enact ordinances intended to provide for health safety morals and general welfare under it's

    • A.

      Injunction power

    • B.

      Police power

    • C.

      Power of eminent domain

    • D.

      Riparian right

    Correct Answer
    B. Police power
    Explanation
    Police power refers to the authority of a city to enact laws and regulations that promote the health, safety, morals, and general welfare of its residents. This power allows the city to create and enforce ordinances that address issues such as public health, zoning, building codes, noise regulations, and many other aspects that contribute to the overall well-being of the community. By exercising their police power, cities can ensure the protection and improvement of the quality of life for their citizens.

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  • 48. 

    Land being added to other land by the gradual action of water is known as

    • A.

      Evulsion

    • B.

      Accretion

    • C.

      Littoral rights

    • D.

      Prior appropriation

    Correct Answer
    B. Accretion
    Explanation
    Accretion refers to the gradual addition of land to existing land through the action of water. This can occur when sediment is deposited along coastlines or riverbanks, or when new land is formed by volcanic activity or other natural processes. The process of accretion can result in the expansion of land areas over time.

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  • 49. 

    An owner who goes to court to obtain access for landlocked property would request a(n):

    • A.

      Negative easement

    • B.

      Dedication

    • C.

      Easement by necessity

    • D.

      Adverse possession

    Correct Answer
    C. Easement by necessity
    Explanation
    When an owner goes to court to obtain access for landlocked property, they would request an easement by necessity. This type of easement is granted when there is no other reasonable way to access the property and is necessary for its reasonable use. It allows the owner to cross over another person's property to reach their landlocked property. This is different from a negative easement, which restricts certain uses of the property, dedication, which is the transfer of land for public use, and adverse possession, which is the acquisition of property through continuous and open possession without the owner's permission.

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  • 50. 

    A homeowner converted the basement into a rental unit.  This violated a restrictive covenant.  Another homeowner wishing to enforce the covenant would commence an action for

    • A.

      Liquidated damages

    • B.

      Specific performance

    • C.

      Forfeiture

    • D.

      Injunction

    Correct Answer
    D. Injunction
    Explanation
    The homeowner who converted the basement into a rental unit violated a restrictive covenant, which is a legal agreement that restricts certain actions or activities on a property. In this case, the covenant likely prohibited the homeowner from using the basement as a rental unit. To enforce the covenant, the other homeowner would commence an action for an injunction. An injunction is a court order that requires the homeowner to stop using the basement as a rental unit and comply with the terms of the restrictive covenant. It is a common remedy in cases involving the violation of restrictive covenants.

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Quiz Review Timeline +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Mar 20, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Jan 17, 2011
    Quiz Created by
    Bdgimler
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