Land Use Controls and Regulations Progress Exam 2

Upon receiving his deed after the closing, the purchaser finds this statement in the deed: "Title subject to a recorded deed of trust in the amount of $12,000, covenants, conditions, and restrictions in a declaration of restrictions recorded in Book 41483 Page 421 Official Records and an easement in favor of Big Telephone Corporation affecting said land for purposes of poles and conduits." From an analysis of the facts, which of the following is a correct statement?

• His title is encumbered with a lien and an easement but not with a deed restriction.

• The utility easement constitutes a restriction in gross.

•  The utility easement constitutes an easement in gross.

• The utility easement constitutes an illegal restriction.

A license differs from an easement in that a license can:

• be revoked

• be transferred

• be terminated

• none of these

Property owner Peter had an easement for ingress and egress through the property of his adjacent neighbor, Jonah. If Peter purchases Jonah's property, what will happen to Peter's easement through that property?

• It will terminate by adverse possession

•  It will terminate by merger

• It will terminate by prescription

• It will terminate by deed

Individuals do not normally have the:

• ability to sever property.

• riparian rights.

•  power of eminent domain.

• reliction rights.

A person that would most likely use a bench mark in his profession would be:

• an attorney.

• a judge.

• real estate broker.

•  a surveyor.

When a judgment has been recorded, it provides __________ notice.

• voidable

•  constructive

•  actual

• contingent

When the Real Estate Commissioner intends to rescind approval of a subdivision:

• an injunction is issued.

•  a desist and refrain order is issued.

• the developer's license is revoked.

• none of the above

A subdivider, after compliance with the Map Act and obtaining a Final Public Report, sells 5 lots to one person and gives an option to buy 5 lots to another person. By law he is required to:

• immediately notify the Commissioner of the sale and the option.

•  immediately notify the Commissioner of the option only.

• immediately notify the Commissioner of the sale only.

• provide no further notice, because it is not required. He has complied with both laws governing subdivided lands.

Mr. Landis owned two pieces of property and sold one parcel bordering on the road to Ms. Cowan, reserving in the deed an easement for ingress and egress to and from the remaining real property for himself. After 5 years of non-use, Landis attempted to use the easement, but was prohibited from doing so by Cowan. A court would rule in this case that:

•   the easement was forfeited because it was not used for 5 years.

• the easement was still valid because non-use never terminates any type of easement.

• Ms. Cowan could institute a quiet title action on the easement and probably be successful.

•  the easement was still valid since it had been created by deed.

With certain exceptions, a property tax lien has priority over other interests in real property:

• according to date the lien was recorded.

•   regardless of when recorded.

• based upon when the tax law was passed.

• only if the property owner agrees to assume the obligation.