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WorksheetsTest 3: Land Use; Legal Descriptions; Contract Law
Total questions: 50
Worksheet time: 25mins
Which of the following is true regarding master planning and zoning?
The aggregate of zoning ordinances is the master plan.
A master plan eliminates the need for zoning ordinances.
Master planning is a county-level function; zoning is limited to the city level.
Zoning ordinances are a primary means of keeping land use in harmony with the master plan.
The basic intent of zoning ordinances is to
establish the basis for public ownership of land for the common good.
establish subdivision rules and regulations.
specify usage for every parcel within the zoning authority's jurisdiction
restrict development in unincorporated areas.
Why do zoning authorities create different types of zones?
To ensure that a variety of building structures are available in the community.
To separate land uses so that they do not interfere with each other.
To preserve high density land uses.
To discourage industrial and commercial users from relocating.
The key consideration in granting a zoning exception known as a special exception is which of the following?
Hardship
Change of zones
The public interest
The use was legal prior to the new zone creation
The intensity of land usage generally refers to what?
The number of residential building lots per acre.
The number of people per square mile.
The number of building permits issued per year within a zoning jurisdiction.
The area of a commercial or industrial facility in relation to the size of the site.
How does Planned Unit Development zoning vary from ordinary zoning?
It applies only to office parks.
It incorporates a number of different zones within a single property boundary.
It requires that multiple tracts of land be developed according to a single design.
It requires developers to obtain a separate building permit for every structure.
Which of the following situations is most likely to represent an illegal nonconforming use?
A homeowner in a residential zone converts her residence to a private school.
A homeowner builds a toolshed in a neighborhood where there are no toolsheds.
A storeowner remodels a storefront in accordance with regulations, and then the zoning is
changed to residential.
A new zoning ordinance outlaws two-story additions after a homeowner completes an addition.
What is the difference between a variance and a nonconforming use?
A variance, once granted, is unconditional and permanent.
A variance is granted by the zoning board if the owner has a justifiable reason.
A nonconforming use is allowed if the owner requests it in advance of building.
A nonconforming use violates current zoning, but a variance does not.
A document certifying that a structure complies with building codes and is ready for use is referred to as a(n)
inspection report.
satisfaction bond.
certificate of occupancy.
user permit.
Which of the following is true of an eminent domain proceeding?
It cancels the property owner's mortgage loan balance.
It leaves the property owner with equitable title in place of legal title.
It conveys legal title to the acquiring entity.
It clouds the chain of title by canceling the original grant.
Among other provisions, the Superfund Act (CERCLA) and Superfund Amendment and Reauthorization Act of 1986 provided that
large development projects undergo an environmental impact survey immediately after
completion of construction.
industrial users of real estate comply with air quality standards.
the EPA would give financial help to homeowners to remedy any hazardous situation resulting
from radon, asbestos, or lead-based paint.
parties responsible for improper disposal of hazardous waste could be charged for the cleanup costs
public land use planning strive to balance which of the following potentially conflicting interests
Individual property rights and the public's interest.
Public policy makers and community business leaders.
Tenant occupancy specifications and construction contractors.
Individual property owners and municipal planning agencies.
Zoning, building codes, and environmental restrictions are forms of local land use control known as
master planning.
preemption.
police power.
concurrency.
If a municipality exerts its power of eminent domain against a certain property owner, what happens?
The owner must pay higher property taxes or give up the property.
The owner must cede an easement without receiving any compensation.
The municipality annexes the property.
The owner must sell the property in exchange for market-value compensation.
To be valid, a local zoning ordinance must
reasonably promote community health, safety and welfare.
comply with federal zoning laws.
apply only to unique properties.
published periodically in the local newspaper.
Why do communities require building permits?
To promote development.
To establish the basis for an inspection.
To promote certificates of occupancy.
To ensure that improvements comply with codes.
What is the purpose of residential zoning?
To increase home values in a neighborhood.
To regulate the density of dwellings in the residential zone.
To prevent families from residing in commercial and industrial sites.
To maximize intensity of usage.
A non-profit organization wants to erect an urgent care facility in a residential zone. Given other favorable circumstances, the local authorities may grant permission by allowing
a special exception.
an illegal nonconforming use.
an easement.
a license.
A property that conformed with zoning ordinances when it was developed but does not conform to new ordinances is said to be
an illegal special exception.
a variance.
a legal nonconforming use.
unmarketable.
The approval process for development of multiple properties in an area includes submission of
a covenant of restriction.
a plat of subdivision.
a court order.
a developer's pro forma.
A legal description of a property is one which
accurately identifies the boundaries of the property as distinct from all other properties.
accurately describes the location and dimensions the lot and improvements on the property.
is accepted by a licensed surveyor as suitable for inclusion in a survey of the property.
is written by an attorney licensed to practice real estate law in the state in which the property is
located.
The essential elements of the metes and bounds system are
parallels, base lines, and meridians.
boundaries, distances, and a base line.
reference points, angles, and distances.
lot numbers, sections, and ranges.
In the Rectangular Survey System, a range is the area in between
any row of sections in a township.
two consecutive meridians.
a principal meridian and a base line.
parallel and a meridian.
In the Rectangular Survey System, a tier is defined by
six consecutive sections of a township
two consecutive meridians.
two consecutive parallels.
a parallel and a meridian
In the Rectangular Survey System, what are the dimensions of a township?
One mile square.
Six miles by six miles, or 6 miles square.
Thirty-six miles square.
The north and south boundaries are one mile apart; the east and west boundaries are
indeterminate.
What portion of a section is ten acres?
1/8
1/16
1/32
1/64
The lot and block system of legally describing property is used for
farm properties.
any property in an unincorporated area.
properties where metes and bounds is not acceptable.
properties in a subdivision.
A certain legal description contains the phrase, "...northwesterly along Erie Road to the POB...". What kind of description is this?
Plat survey.
Government grid.
Metes and bounds.
Rectangular survey.
How many sections are there in a township?
One.
Six.
Twelve.
Thirty-six.
In the Rectangular Survey System, a section contains how many acres?
640
320
160
40
The valuable consideration necessary to make a contract valid must be
money.
something tangible.
something of value traded in exchange for something of value.
something of equal value with whatever is received in exchange.
A real estate sales contract, to be enforceable, must
contain a legal description of the property.
be written on a form approved by the state bar association.
be acknowledged by three witnesses.
be recorded within three days to be enforceable.
How much time does a seller have to accept a buyer's offer?
Forty-eight hours from the time of the offeror's signing of the offer.
Twenty-four hours from the time of the offer's delivery to the seller.
Within 24 hours following the stated expiration.
A reasonable time, or until the expiration date on the offer.
A buyer submits an offer to a seller and then dies in a car accident. Before learning of the buyer's death, the seller accepts the offer. Which of the following is true?
The seller can force the buyer's estate to go through with the purchase.
The buyer's death terminated the offer.
The seller must make a new offer with the same terms to the buyer's heirs.
The buyer's heirs have the option of enforcing the contract.
Which of the following contracts can be assigned to another party?
An exclusive listing agreement.
A personal services agreement.
A contract for the sale of undeveloped land.
An employment contract between a broker and a salesperson.
An implied agency relationship may be deemed to exist if
the parties do not disavow an express contract that has expired.
the parties act is if there is a contract
an offering party does not receive written notice that the offer has been rejected.
the parties promise to perform their part of the agreement if the other party performs.
Which of the following is an executory contract?
An expired lease.
A sale contract before closing.
A recorded sale contract.
An option to buy after it is exercised.
A bilateral contract is one in which
both parties promise to do something in exchange for the other party's performance.
both parties receive equal consideration.
two parties agree to perform a service together.
both parties promise to do something if the other party performs first.
A homeseller signs a listing agreement with a broker then subsequently revokes the listing. Which of the following is true?
The seller continues to have contractual obligations to the broker.
The contract remains in full force until the expiration date.
The broker may have a claim for marketing expenses expended during the listing term.
The seller cannot sign a listing agreement with another broker.
A breach of contract is
a termination of the contract by the mutual consent of the parties.
financial damage suffered by a party because another party has nullified a contract provision.
a lawsuit to force a party to discharge the contract.
the failure of a party to perform according to the terms of the contract.
What is rescission?
The act of withdrawing an offer before it has been accepted.
the act of declaring that a contract is no longer in effect for a given party.
The act of declaring a contract unenforceable.
The act of modifying the terms of an offer.
To be valid, a valid contract must
reflect a mutual understanding or agreement.
use precise wording in a document.
not be executable.
be created only by an attorney.
Two parties enter into a contract. The agreement fulfills all the requirements for a valid contract, with no disqualifying circumstances. Given this situation, it is still possible that the contract may be
void.
illegal.
unenforceable.
voidable.
The guardian for a mentally incompetent party enters into an oral contract with another party to buy a trade fixture on behalf of the incompetent party. This contract
does not meet validity requirements.
is possibly valid and enforceable.
must be in writing to be valid.
is valid but unenforceable.
A prospective homebuyer submits a signed offer with the condition that the seller pay for the inspection at closing. The seller disagrees, crosses out the provision, then signs and returns the document to the buyer. At this point, assuming all other contract validity items are in order, the original offer is now
an accepted offer, therefore a valid contract.
an executable option.
a counteroffer.
an invalid offer.
A construction contractor executes a contract with a buyer. In the agreement, the contractor promises to complete construction by November 20. This promise can be construed as
an option.
mutual consent.
meeting of the minds
valuable consideration.
A seller contracts to sell a property that she does not own. The sale contract for this transaction
is executable.
must be in writing.
is void.
is illegal yet potentially enforceable.
The statute of limitations requires that parties to a contract who have been damaged or who question the contract's provisions
must act within a statutory period.
must select a specific, limited course of action for recouping their losses.
must arbitrate prior to taking court action.
must wait a statutory period before they may take legal action.
The purpose of the statute of frauds is to
invalidate certain oral contracts.
require certain conveyance-related contracts to be in writing.
nullify oral leases and listing agreements.
eliminate fraud in real estate contracts.
A seller immediately accepts a buyer's offer but waits ten days before returning the accepted document to the buyer. Meanwhile, the offer has expired. Which of the following is true?
The buyer is bound to the contract since it was accepted immediately.
The buyer has no obligations to the seller whatsoever.
The buyer may not rescind the expired offer.
The seller may sue for specific performance.
