The degree, quantity, nature, and extent of interest which a person has in real property;

1. 752. Which of the following would be the best and most complete definition of the term “encumbrance”: • The degree, quantity, nature, and extent of interest which a person has in real property; • The use of property by a debtor to offer a creditor security for a debt; • Any action taken relative to property, other than acquiring or transferring title; • Anything which affects or limits the fee simple title to property.

2. 752. Which of the following would be the best and most complete definition of the term “encumbrance”: • The degree, quantity, nature, and extent of interest which a person has in real property; • The use of property by a debtor to offer a creditor security for a debt; • Any action taken relative to property, other than acquiring or transferring title; • Anything which affects or limits the fee simple title to property. Encumbrances – Limits Title

3. 54. Land that is subject to an easement is said to be: • Appurtenant thereto; • Encroached upon; • Encumbered; • Restricted.

4. 54. Land that is subject to an easement is said to be: • Appurtenant thereto; • Encroached upon; • Encumbered; • Restricted. Easements – Encumbered

5. 76. Which of the following is not required for obtaining an easement by prescription: • A confrontation with the owner; • Open and notorious use which is continuous for five years; • Having some claim of right; • A hostile use which is adverse to the true owner.

6. 76. Which of the following is not required for obtaining an easement by prescription: • A confrontation with the owner; • Open and notorious use which is continuous for five years; • Having some claim of right; • A hostile use which is adverse to the true owner. Prescriptive easement – No confrontation

7. 857. Which of the following methods of creating an easement would result in an easement which could most easily be terminated for non-use: • Express reservation in a deed; • A valid quitclaim deed from the current owner; • Prescriptive use; • Implication of law.

8. 857. Which of the following methods of creating an easement would result in an easement which could most easily be terminated for non-use: • Express reservation in a deed; • A valid quitclaim deed from the current owner; • Prescriptive use; • Implication of law. Prescriptive easements – easily terminated for non-use

9. 79. An easement on real estate would terminate if the holder of the dominant tenement recorded a: • Deed of reconveyance; • Notice of nonresponsibility; • Defeasance clause; • Quitclaim deed.

10. 79. An easement on real estate would terminate if the holder of the dominant tenement recorded a: • Deed of reconveyance; • Notice of nonresponsibility; • Defeasance clause; • Quitclaim deed. Termination of easements – Dominant tenement records quitclaim deed

11. 72. Mr. James sold his land which had an easement appurtenant for a road. The deed which the buyer received contained an adequate description of the land, but made no reference to the easement. The buyer: • Has a clouded title; • Takes title to property which is landlocked; • Loses the easement to the servient tenement; • Has the same right to the easement as the seller did.

12. 72. Mr. James sold his land which had an easement appurtenant for a road. The deed which the buyer received contained an adequate description of the land, but made no reference to the easement. The buyer: • Has a clouded title; • Takes title to property which is landlocked; • Loses the easement to the servient tenement; • Has the same right to the easement as the seller did. Appurtenant easements – Buyer has same rights

13. 866. James sold Blackacre to Woods. At the time, Blackacre had an appurtenant easement across Whiteacre, which was owned by Sommers. When Woods tried to use the easement, Sommers protested. Which of the following is correct? • Sommers owns the servient tenement and his consent must be obtained for Woods to use the easement; • An appurtenant easement always passes when the property is sold; • James owns the dominant tenement and the easement upon it; • James owns the easement and can give it to anyone.

14. 866. James sold Blackacre to Woods. At the time, Blackacre had an appurtenant easement across Whiteacre, which was owned by Sommers. When Woods tried to use the easement, Sommers protested. Which of the following is correct? • Sommers owns the servient tenement and his consent must be obtained for Woods to use the easement; • An appurtenant easement always passes when the property is sold; • James owns the dominant tenement and the easement upon it; • James owns the easement and can give it to anyone. Appurtenant easements – Buyer has same rights

15. 880. For more than one hundred years, the Garza family has owned and operated a gold mine on federal land. The only access to their mining claim is across an adjoining parcel. That parcel is sold to a new owner, who fences off the parcel and padlocks the gate across the access road. The Garzas would be best advised to: • Do nothing, for the new owner is within his rights to prevent their use; • Grant a quitclaim deed to the new owners; • File a quiet title suit against the new owner to protect their rights; • Continue to use the road, even though this might be viewed as trespass.

16. 880. For more than one hundred years, the Garza family has owned and operated a gold mine on federal land. The only access to their mining claim is across an adjoining parcel. That parcel is sold to a new owner, who fences off the parcel and padlocks the gate across the access road. The Garzas would be best advised to: • Do nothing, for the new owner is within his rights to prevent their use; • Grant a quitclaim deed to the new owners; • File a quiet title suit against the new owner to protect their rights; • Continue to use the road, even though this might be viewed as trespass. Easements – confirmed by – quiet title suit

17. 81. The deed restrictions on a subdivision said that the lots must contain a minimum of 15,000 square feet. The zoning restrictions said that the lots must contain a minimum of 10,000 square feet. Which would prevail: • Deed restrictions; • Zoning restrictions; • The one recorded first; • None of the above.

18. 81. The deed restrictions on a subdivision said that the lots must contain a minimum of 15,000 square feet. The zoning restrictions said that the lots must contain a minimum of 10,000 square feet. Which would prevail: • Deed restrictions; • Zoning restrictions; • The one recorded first; • None of the above. Private restrictions – 15,000 square feet

19. 540. Who usually sets deed restrictions on a subdivision development: • State and local ordinances; • Federal Housing Administration; • The developer; • The permanent lender.

20. 540. Who usually sets deed restrictions on a subdivision development: • State and local ordinances; • Federal Housing Administration; • The developer; • The permanent lender. Private restrictions – Grantor or developer

21. 896. Private restrictions on real property can be written either as a condition or as a covenant. Which of the following is most correct concerning such restrictions: • When recorded, they become public restrictions; • Violation of such restrictions are subject to criminal prosecution; • Violation of a condition can result in penalties which are more severe, and can result in loss of title; • All of the above are true.

22. 896. Private restrictions on real property can be written either as a condition or as a covenant. Which of the following is most correct concerning such restrictions: • When recorded, they become public restrictions; • Violation of such restrictions are subject to criminal prosecution; • Violation of a condition can result in penalties which are more severe, and can result in loss of title; • All of the above are true. Condition – Penalties are more severe

23. 84. The primary justification for zoning ordinances is to: • Maintain physical conformity of buildings in a zoned area; • Prevent an oversupply of certain types of business enterprises within a zoned area; • Promote the public health, safety, morals, and general welfare; • Control the quality of building construction within a zoned area.

24. 84. The primary justification for zoning ordinances is to: • Maintain physical conformity of buildings in a zoned area; • Prevent an oversupply of certain types of business enterprises within a zoned area; • Promote the public health, safety, morals, and general welfare; • Control the quality of building construction within a zoned area. Public restrictions – Public health, safety, etc.

25. 88. The owner of a single lot is trying to show that exceptional circumstances concerning an intended use of the property are applicable to his property. The owner is also trying to show that the exception is not detrimental to the public. The owner would probably petition the planning commission for: • Redevelopment; • Variance; • Building permit; • Rezoning.

26. 88. The owner of a single lot is trying to show that exceptional circumstances concerning an intended use of the property are applicable to his property. The owner is also trying to show that the exception is not detrimental to the public. The owner would probably petition the planning commission for: • Redevelopment; • Variance; • Building permit; • Rezoning. One lot – variance

27. 539. A change in a zoning ordinance could be initiated by: • A subdivider/developer; • A local government agency; • The owner of a property; • All of the above.

28. 539. A change in a zoning ordinance could be initiated by: • A subdivider/developer; • A local government agency; • The owner of a property; • All of the above. Changes initiated by – Owner, subdivider, government

29. 541 Following proper action by the authorities, the zoning on a vacant lot was changed from “commercial” to “residential.” Such an action is called: • Retroactive zoning; • Down zoning; • Spot zoning; • Blended zoning.

30. 541 Following proper action by the authorities, the zoning on a vacant lot was changed from “commercial” to “residential.” Such an action is called: • Retroactive zoning; • Down zoning; • Spot zoning; • Blended zoning. Commercial to residential – Down zoning

31. 860. Land zoned for use as the site for multi-family residential developments (such as apartment buildings) would be denoted as: • A-3; • C-3; • R-3; • M-3.

32. 860. Land zoned for use as the site for multi-family residential developments (such as apartment buildings) would be denoted as: • A-3; • C-3; • R-3; • M-3. Multi-family zone – R3

33. 91. After Mr. Gardner purchased his home, he discovered, by survey, that his neighbor's garage was three feet over on his newly-acquired property. This disturbed him greatly. For remedy, if a friendly settlement cannot be reached, he should bring civil suit against: • The broker, for failure to disclose the encroachment; • His neighbor; • The Real Estate Commissioner; • The title company, for failure to show the encumbrance on the standard form title report.

34. 91. After Mr. Gardner purchased his home, he discovered, by survey, that his neighbor's garage was three feet over on his newly-acquired property. This disturbed him greatly. For remedy, if a friendly settlement cannot be reached, he should bring civil suit against: • The broker, for failure to disclose the encroachment; • His neighbor; • The Real Estate Commissioner; • The title company, for failure to show the encumbrance on the standard form title report. Encroachment – Sue neighbor

35. End of session