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

1. 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

The explanation for the given correct answer is that police power is indeed a government power that limits the basic rights of a real property owner. Police power allows the government to create and enforce laws that are necessary for the well-being and safety of the general public. This power can be used to regulate various aspects of property ownership, such as zoning regulations, building codes, and health and safety standards. Therefore, the statement "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" is true.

Explanation

The explanation for the given correct answer is that police power is indeed a government power that limits the basic rights of a real property owner. Police power allows the government to create and enforce laws that are necessary for the well-being and safety of the general public. This power can be used to regulate various aspects of property ownership, such as zoning regulations, building codes, and health and safety standards. Therefore, the statement "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" is true.

2. 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

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.

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.

3. 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

This power is known as eminent domain.

Explanation

This power is known as eminent domain.

4. 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

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.

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.

5. 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

The term is escheat.

Explanation

The term is escheat.

6. 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

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.

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.

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

True

False

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.

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.

8. 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

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.

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.

9. 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

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

Explanation

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

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

True

False

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.

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.

11. 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

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.

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.

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

True

False

The law is called the Pennsylvania Intestate . The term INTESTATE means "without a will".

Explanation

The law is called the Pennsylvania Intestate . The term INTESTATE means "without a will".

13. 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

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.

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.

14. 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

The right of government to control the use of water is exercised through the principle of "Prior Appropriation".

Explanation

The right of government to control the use of water is exercised through the principle of "Prior Appropriation".

15. 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

The building is referred to as a Non-Conforming Property.

Explanation

The building is referred to as a Non-Conforming Property.

16. 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

The name of the law is the Interstate Land Sales Full Disclosure Act.

Explanation

The name of the law is the Interstate Land Sales Full Disclosure Act.

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

True

False

The Municipalities Planning Code established Zoning laws to provide controls on the use of real property.

Explanation

The Municipalities Planning Code established Zoning laws to provide controls on the use of real property.

18. 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

This exception is known as a Variance.

Explanation

This exception is known as a Variance.

19. 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

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.

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.

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

True

False

This is known as avulsion.

Explanation

This is known as avulsion.