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If Carlotta issues a ________ deed to Salem for her property, Carlotta simply conveys to Salem that she is conveying only the interest she owns.


A) quitclaim
B) special warranty
C) non-specific
D) general warranty
E) specific warranty

F) B) and C)
G) A) and B)

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Rashon owns property next to Jenny's property and he has an easement to use her property. What type of easement does Rashon own?


A) Easement in gross.
B) Easement appurtenant.
C) Non-possessory easement.
D) Either an easement appurtenant or a non-possessory easement.
E) Either an easement appurtenant or an easement in gross.

F) A) and B)
G) D) and E)

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"Caveat emptor" requires certain disclosures to be made by the buyer to the seller about the condition of the property.

A) True
B) False

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Rights in which a person has the right to remove the underground materials from another person's property is known as ________ rights.


A) subsurface
B) underground
C) earthly
D) neighbor
E) subterrestrial

F) B) and D)
G) C) and D)

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Which of the following statements is false regarding a condominium interest?


A) The holder has exclusive ownership rights of a unit within the condominium.
B) The holder shares joint tenancy with the other condominium owners over the land.
C) The holder has tenancy in common with the other condominium owners over the buildings and improvements of the common areas of the development.
D) The architecture and use of common areas are regulated by a condominium association.
E) The condominium association has the power to levy assessments against the unit owners for maintenance of common areas.

F) C) and E)
G) A) and C)

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The government wants to take an open lot owned by Sabrina and build a police station. Sabrina is offered $50,000 for the land, but she wants to keep the land or at least receive more money. Must Sabrina sell the land, and if so, must she sell it for the offered price?


A) If she owns the land in fee simple absolute, she is not required to sell the land at any price.
B) Sabrina need not sell the land, however, she can insist the government pays fair market value for the land.
C) Sabrina must sell the land if the government's use is for a legitimate public purpose, however, she can insist the government pays fair market value for the land.
D) If she owns the land in fee simple absolute, she is required to sell the land, but she can demand a higher price.
E) Sabrina must sell the land to the government, and the government must pay the fair market value, unless it is her primary residence, then Sabrina need not sell the property.

F) A) and B)
G) B) and D)

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When a person takes ownership of property by treating a piece of real property as his or her own, without protest or permission from the owner, which of the following occurs?


A) Adverse title
B) Opposed possession
C) Unopposed possession
D) Adverse possession
E) Obtained title

F) A) and B)
G) A) and C)

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[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget. -Who will likely win the dispute regarding whether Diego holds a valid easement?


A) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase.
B) Diego will likely win regardless of whether he told Kayla and Bridget about the easement before their purchase.
C) Diego will likely win only if he can establish that he paid a fair price for the easement.
D) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase, and if he can establish that he paid a fair price for the easement.
E) Bridget and Kayla will likely win because easements are terminated when property is sold.

F) A) and B)
G) A) and C)

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[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her. -Which of the following is true regarding a tenancy by the entirety?


A) It describes a form of co-ownership by married couples.
B) It describes a form of co-ownership by relatives, including married couples as well as brothers and sisters.
C) It is another name for tenants in common.
D) It is another name for joint tenancy.
E) It is a form of co-ownership still in existence in some states by which the husband has absolute control regarding any decisions made regarding improvement of the property.

F) A) and B)
G) A) and C)

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[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Luisa. He did not tell her anything about the problems with the house. Shortly after Luisa moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Luisa demanded that Ciaran refund her purchase price and take back the house. Ciaran sent her a letter providing as follows: Dear Luisa, Caveat emptor. You have marketable title. Regards, Ciaran Luisa is furious and wants to sue. -Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?


A) In most states, Ciaran only had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property.
B) In most states, Ciaran had a duty to warn Luisa about any defects in the property regardless of whether they could have been discovered through a thorough examination of the property.
C) In most states, Ciaran had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property and that materially affected the value of the property.
D) In most states, Ciaran had no duty to warn Luisa of anything.
E) In most states, Ciaran had no duty to warn Luisa of anything so long as she had her own home inspection done.

F) B) and C)
G) None of the above

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[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Luisa. He did not tell her anything about the problems with the house. Shortly after Luisa moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Luisa demanded that Ciaran refund her purchase price and take back the house. Ciaran sent her a letter providing as follows: Dear Luisa, Caveat emptor. You have marketable title. Regards, Ciaran Luisa is furious and wants to sue. -What does the term "caveat emptor" mean?


A) Let the seller beware.
B) The buyer was negligent.
C) The buyer was unintelligent.
D) Title has passed.
E) Let the buyer beware.

F) All of the above
G) A) and B)

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[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures. -May Jaston remove the dentist chairs and take them with him?


A) No, if there is nothing in writing that states otherwise, Jaston may not remove the dentist chairs and take them with him.
B) No, although they are used for Jaston's business, he may not remove them if the next lessee is also a dentist.
C) No, they are attached to the real property and cannot be removed and taken by the tenant.
D) Yes, because they can be easily removed and thus are not permanent fixtures to the property.
E) Yes, because they are trade fixtures.

F) A) and C)
G) B) and C)

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Kendall, who just moved into his new farm, notices his neighbor comes onto Kendall's property every Sunday morning, goes fishing at the lake, and picks apples from Kendall's apple tree. Kendall is aware that the neighbor has an easement to cross his property to access the lake, but the neighbor tells Kendall he can take as many apples as he wants. Is the neighbor correct?


A) Yes, an easement is an irrevocable right to use another's land.
B) Yes, but only if the easement was properly recorded.
C) Yes, but only if the apple trees are part of the land included in the easement.
D) No, although the easement gives the neighbor a right to use the land, he cannot take as many apples as he wants.
E) No, although the easement gives the neighbor a right to use the land, he cannot take anything from it.

F) D) and E)
G) A) and E)

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In most states, a broker cannot act as an agent for both buyer and seller unless both parties consent.

A) True
B) False

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Tenants can never sublease their property, however, the landlord can.

A) True
B) False

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If a deed says, "John and Michelle as husband and wife" this would indicate which type of tenancy?


A) Joint tenancy
B) Cooperative tenancy
C) Tenancy in common
D) Marital tenancy
E) Tenancy by the entirety

F) C) and E)
G) All of the above

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Which of the following is the most commonly used deed?


A) Quitclaim deed
B) Special warranty deed
C) Warranty free deed
D) General warranty deed
E) Specific warranty deed

F) A) and B)
G) A) and E)

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When financing for a property purchase is needed, financing is often obtained by going to a financial institution and obtaining a loan to pay for the property in exchange for which the lender receives a security interest in the property called a title.

A) True
B) False

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[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her. -Which of the following is true regarding Michelle's claim for the $10,000?


A) She has no interest in the house on which to base a claim.
B) She may obtain a lien on the house.
C) She can require that Mina pay it based on Mina's inheritance interest in the house.
D) She can require that David pay it based on David's inheritance interest in the house.
E) She can require that both David and Mina pay it based upon their inheritance interests in the house.

F) None of the above
G) A) and D)

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An easement and a license are the exact same.

A) True
B) False

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