Real Estate Fundamentals - Chapter 2: Real Property Rights & Limitations

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  • 1/20 Questions

    There are four government powers that limit the basic rights of a real property owner. The first government power is known as police power. It is the right of government to make and enforce laws for the good of the general public.

    • True
    • False
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Real Estate Fundamentals - Chapter 2: Real Property Rights & Limitations

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  • 2. 

    The Pennsylvania Laws known as the Municipalities Planning Code is responsible for licensing contractors who bid on state government contracts.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The Municipalities Planning Code established Zoning laws to provide controls on the use of real property.

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  • 3. 

    Zoning laws can create buffer zones or areas such as playgrounds that are used to separate residential property from property having different zoning use.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    Zoning laws are regulations put in place by local governments to control land use and development. One of the purposes of zoning laws is to create buffer zones between different types of properties. These buffer zones can include areas like playgrounds, parks, or green spaces that act as a separation between residential areas and properties with different zoning uses, such as commercial or industrial areas. This helps to maintain the integrity and functionality of residential neighborhoods while preventing potential conflicts or negative impacts from incompatible land uses. Therefore, the statement is true.

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  • 4. 

    Improvements to real property that violate the current zoning laws are prohibited unless a property owner applies to the zoning hearing board for an exception to the laws and is granted this exception known as the Right to Encumber.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    This exception is known as a Variance.

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  • 5. 

    If any building use violates the current zoning laws because it was in existence before the passage of the zoning law, the building is referred to as a "Right to Restrict the Use" of property.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The building is referred to as a Non-Conforming Property.

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  • 6. 

    Building codes are standards of construction that are also imposed by local governments. Typically these codes are determined by national construction standards such as the BOCA (Building Officals Conference of America)

    • True

    • False

    Correct Answer
    A. True
    Explanation
    Building codes are indeed standards of construction that are imposed by local governments. These codes are typically determined by national construction standards such as the BOCA (Building Officials Conference of America). These codes ensure that buildings are constructed safely and meet certain standards for structural integrity, fire safety, electrical systems, plumbing, and other aspects of construction. Compliance with building codes is necessary to obtain permits and approvals for construction projects.

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  • 7. 

    These BOCA Codes have not been effective in providing better housing and the codes are resented by both builders and the general public.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    These codes help to protect the health, safety, and welfare of the public. They control the types of building materials used in construction, the limits of structural stress, fire protection, and electrical, heating, lighting, and plumbing requirements.

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  • 8. 

    A soil drainage test known as a percolation test is usually required to meet local community requirements for land development. The test involves filling man-made holes on the land with water to measure how the soil will absorb the water.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    The explanation for the given correct answer is that a percolation test is indeed required to meet local community requirements for land development. This test helps determine the soil's ability to absorb water, which is crucial for proper drainage. By filling man-made holes with water, the test measures the rate at which the water percolates through the soil. This information is important for determining if the land is suitable for construction or if additional measures need to be taken to ensure proper drainage.

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  • 9. 

    The law requires that persons who are selling or leasing land of 25 or more lots file a statement of record with the federal Department of Housing and Urban Development (HUD) is known as the Interstate Highway Full Disclosure Act.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The name of the law is the Interstate Land Sales Full Disclosure Act.

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  • 10. 

    The government (federal, state, or local) has the right to take private property (real estate) for the public good with just compensation to the owner, even if the owner's family has lived at the location since the American Revolution and the owner does not wish to sell.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    This power is known as eminent domain.

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  • 11. 

    Because a tax on a real property is based on the value of the property it is known as a True Value Impact Tax.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The name of this tax is ad valorem (according to value) tax and varies for real property owners.

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  • 12. 

    The term Cheaters refers to the process of having all the real and personal property of an owner returned to the state government when an owner dies without a will and without any heirs as defined by state law.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The term is escheat.

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  • 13. 

    If a person dies WITH a will, the property title would be conveyed or transferred by the will to that person or the persons designated in the will. This is known as testate.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    If a person dies with a will, it means that they have made a legal document specifying how their property should be distributed after their death. In this case, the property title would be transferred according to the instructions outlined in the will. This process is known as testate, which refers to a person dying with a valid will. Therefore, the statement is true.

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  • 14. 

    In Pennsylvania the applicable law is called the Pennsylvania Interstate Act. The word Interstate means "without a will".

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The law is called the Pennsylvania Intestate . The term INTESTATE means "without a will".

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  • 15. 

    A deed restriction is a limitation on the use of property for a specified period or forever that are written in a deed, which apply even after the property is sold. Illegal restrictions, such as those against race or religion are not valid.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    A deed restriction is a legally binding limitation on the use of property that is written in a deed. These restrictions can apply for a specified period of time or indefinitely, and they continue to be in effect even after the property is sold. However, it is important to note that certain restrictions, such as those that discriminate against race or religion, are illegal and therefore not valid.

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  • 16. 

    Deed restrictions called "laches" are used by builders and developers to help preserve property values. They help maintain development conformity throughout the entire development. Examples of restrictions include the control of pets, landscaping, and additional construction on the property.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    Deed restrictions used by builders and developers to preserve property values are called "Restrictive Covenants".

    The term "laches" refers to a court doctrine that prevents the enforcment of the "restrictive covenant" as a result of an unreasonable delay.

    In the event of a violation of the restrictive covenants is not acted upon within a reasonable period of time, one's rights to enforce the restrctive covenant may be lost through the court doctrine known as laches.

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  • 17. 

    It may not always be possible to use the water found on land. Under severe drought conditions, the state may place limitations on our right to use water. This right of the government to control the use of water is exercised through the principle of deed restrictions.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    The right of government to control the use of water is exercised through the principle of "Prior Appropriation".

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  • 18. 

    The particular property rights of an owner whose land lies adjacent to water are referred to as "Riparian Rights".

    • True

    • False

    Correct Answer
    A. True
    Explanation
    Riparian rights are a set of legal rights that are granted to landowners whose property is adjacent to a body of water, such as a river, lake, or ocean. These rights typically include the right to access and use the water, as well as the right to enjoy the natural benefits that the water provides. Therefore, the statement that the particular property rights of an owner whose land lies adjacent to water are referred to as "Riparian Rights" is true.

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  • 19. 

    The opposite effect of erosion could occur where the physical forces of nature cause a gradual buildup of soil known as "Accretion".

    • True

    • False

    Correct Answer
    A. True
    Explanation
    Accretion refers to the gradual buildup of soil caused by physical forces of nature, which is the opposite effect of erosion. Therefore, the given statement is true.

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  • 20. 

    The sudden and dramatic devastation of land and real property is referrred to as erosion.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    This is known as avulsion.

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  • Current Version
  • Mar 19, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Jul 26, 2011
    Quiz Created by
    Sseveland

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