A municipality establishes development goals in its:

A. subdivision regulations.

B. restrictive covenants.

C. environmental regulations.

D. comprehensive plan.

D. comprehensive plan.

note: Police Power

The primary intent of zoning ordinances is to:

A. assure that proposed land uses conform with the comprehensive (master) plan.

B. demonstrate the police power of the state.

C. limit the amount and types of businesses in a given area. D. protect residential neighborhoods from commercial encroachment. 

A city government wants to encourage growth in a particular area and therefore rezones the area. The government would be exercising its right of:

A. police power.

B. escheat.

C. eminent domain.

D. condemnation.

All of the following are examples of police power EXCEPT: A. zoning ordinances.

B. building codes.

C. restrictive covenants.

D. city planning requirements.

C. restrictive covenants.

note: Police Powers can exist in 3 ways:

1. planning restrictions

2. zoning

3. building codes 

Zoning ordinances normally define specific uses for land that are permitted within a municipality. All of the following are designated uses in such ordinances EXCEPT:

A. industrial.

B. commercial.

C. residential.

D. rental

Control by zoning ordinances does NOT regulate:

A. the height of building in area.

B. the density of improvements.

C. the use of the property.

D. the price of the property

D. the price of the property

note: zoning ordinances regulate (3)

1. Bulk "density"

2. Aesthetic "architecture"

3. Incentive "certain uses"

A residential homeowner wants to raise her pet pig in her backyard. Which of the governmental rights would MOST LIKELY prohibit her from doing this?

A. Building codes.

B. Zoning ordinances.

C. Deed restrictions.

D. Eminent domain. 

The purpose of bulk zoning is to:

A. ensure that certain kinds of uses are incorporated into development.

B. specify certain types of architecture for new buildings.

C. control density and avoid overcrowding.

D. set overall development goals for the community

Under an existing ordinance, no signs that extend more than 3 feet above the highest point of a roof may be placed on any building. An owner wants to erect a 9-foot-high revolving sign on the roof of his store. In order to do this legally, the owner should:

A. Apply for a zoning change.

B. Apply for variance.

C. File a lis pendens.

D. Obtain a court judgement.

B. Apply for variance

note: variance= permission given to a specific person to use the property for a use ither than what is presently zoned...

A wooded area with biking and hiking trails is situated between an industrial park and a residential housing development. This wooded area is considered a:

A. P.U.D.

B. subdivision.

C. utility easement.

D. buffer zone

D. buffer zone

note: zone: strip of land separating land dedicated to one use from land dedicated to another use. 

A landowner constructed a building 7 stories high. Several years later the municipality changed the zoning ordinance, prohibiting buildings that exceed 6 stories in height. Which of the following is true regarding the existing 7-story building?

A. It is a non-conforming use.

B. The building must be demolished.

C. It is a conditional use.

D. The owner must obtain a variance.

A. It is a non-conforming use.

note: non-conforming use occurs when a lot or an improvement does not conform to the zoning use because it existed before the enactment or amendment  of the zoning ordinance. 

A tire company has a manufacturing plant located in an area that has been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification as a non-conforming use. However, if the plant is destroyed by fire or other hazard, the tire company most likely:

A. could rebuild the plant in that neighborhood.

B. would be forbidden to rebuild the plant in that neighborhood.

C. could construct another plant by obtaining the consent of the residents then living in the neighborhood.

D. could construct another plant without the residents’ consent as long as the homeowners’ association approves it.

Which of the following BEST describes the purpose of a building permit?

A. The method for overriding or substantiating deed restrictions.

B. The municipal control over the volume of construction.

C. The evidence of compliance with municipal regulations. D. The method of regulating the area and size of buildings

The construction of a family room, additional bedroom, and extra bath has been completed on the owner’s home. Before the addition can be used, which of the following is true?

A. The municipality must issue a building permit.

B. The bath must be inspected by the plumbing inspector. C. The municipality must issue an occupancy permit or certificate of occupancy. D. The municipality must issue a conditional use permit. 

C. The municipality must issue an occupancy permit or certificate of occupancy.

slide: 43

In the process of planning a new subdivision, which of the following steps would a subdivider do first:

A. complete plat maps of the subdivision.

B. create a land development plan.

C. obtain governmental approval and record the plat-map. D. check out the comprehensive plan created by the local government.

The plat for a proposed subdivision is submitted to the:

A. municipality.

B. property owners.

C. developer.

D. state.

A. municipality.

note: The plat map must be approved by the municipality before it can be recorded

What is the difference between a sub-divider and a developer? (High yield Q)

A. A sub-divider buys undeveloped acreage and divides it into smaller lots; a developer improves the land.

B. A sub-divider improves the land, a developer buys undeveloped acreage and divides it into smaller lots.

C. A developer draws up the plat maps, a sub-divider constructs the homes.

D. Developers draw up zoning regulations, sub-dividers draw up the plat maps.

To allow a more intensive use of subdivision land, a zoning variation would be required to permit which of the following?

A. A decrease in the number of buildings allowed per block. B. An increase in the number of building sites per acre.

C. Deed restrictions prohibiting the sale of any individual lot to a family of fewer than four persons.

D. Deed restrictions prohibiting the shrinkage of the backyard area in any residential lot.

Carr is in the business of buying undeveloped acreage and divides it into smaller lots for sale to individuals or developers. Carr is considered a:

A. developer.

B. real estate broker.

C. engineer.

D. subdivider. 

D. subdivider. 

note: subdivider: buys underdeveloped acreage and divides it into smaller lots for sale to individuals or developers or subdevelopers own use 

Baird is in the business of buying parcels of land, improving the land, constructing homes on the lot and selling them. She is in business as a:

A. developer.

B. real estate broker.

C. engineer.

D. subdivider.

A. developer

note: developer improves the land, constructs homes or other buildings on the lots, and sells them

A high-rise development which combines office space, stores, and residential units in a single, vertical community is known as a: (High Yield Q)

A. planned unit development/PUD.

B. manufactured housing park.

C. mixed-use development/MUD.

D. timeshare community.

C. mixed-use development/MUD.

note: MUD is associated with self contained "vertical" communities ex. PONCE city market in ATL

PUD is associated with "bufferzones": ex. Hamilton mill and has golf courses that serve as buffer zones 

The right a government has to take private property for a public use or benefit is:

A. police power.

B. escheat.

C. eminent domain.

D. confiscation

C. eminent domain

note: eminent domain= the government's right to acquire private property for public use

The process by which government can acquire ownership of private land for public use:

A. escheat.

B. condemnation.

C. eminent domain.

D. doctrine of public acquisition

B. condemnation 

note: The process that allows for eminent domain to occur. 

For land to be taken by the government under its right of eminent domain, which of the following must apply?

A. The taking must be for public purpose.

B. There must be statutory dedication.

C. This must be an adverse action.

D. There must be constructive notice

A. The taking must be for public purpose.

note: eminent domain= the right of the government to acquire privately owned real estate for public use.

Which of the following is true about land taken for public use?

A. The owner must be fairly compensated.

B. The health, safety, and welfare of the government must be the reason.

C. The local use will benefit the residents in the immediate area.

D. The property is then established as a fee simple determinable estate for a particular use.

When private property is taken by the government through the right of eminent domain, which of the following statements would be CORRECT?

A. The government must pay just compensation to the owner for loss of profits and goodwill.

B. Special purpose properties are exempt from eminent domain.

C. It is an exercise of police power.

D. It can be done through the process of condemnation. 

A city condemns a portion of an owner’s property for an airport. The owner will be able to use the remaining portion of the lot. Is the owner eligible for compensation?

A. Yes, the city is rezoning the area for a higher use.

B. Yes, the city is exercising its power of eminent domain. C. No, the owner can still use the remaining portion of the property.

D. No, the city is exercising its police power. 

Carr owns property next to property that the city has condemned to extend the runways at the municipal airport. Carr feels his property has diminished in value due to this public use. He may seek compensation by an action of:

A. taking.

B. condemnation.

C. confiscation.

D. inverse condemnation.

D. inverse condemnation.

note: inverse condemnation= an action brought by a property owner seeking just compensation for land adjacent to land used for public purpose when the property's use and value have been diminished. 

If a property owner dies without a will and no legal heirs can be found or the property is abandoned, what power can the government exercise to take the property? A. Police power.

B. Eminent domain.

C. Escheat.

D. Taxation.

C. Escheat

note: escheat= process by which the state may acquire privately owned real or personal property when a property owner dies and leaves no will nor heir.

Grant moved from a home he owned in fee simple to live in another country. He continued to pay taxes on the property while living in the foreign country. Can Grant expect to forfeit his ownership?

A. Yes, because Grant's abandonment constitutes waste.

B. Yes, because Grant's abandonment restricted the use of the land.

C. No, because Grant has not abandoned the property as long as taxes are paid.

D. No, because the right to abandon property is included in fee simple ownership. 

General real estate taxes are also known as:

A. special assessments.

B. ad valorem taxes.

C. appropriation funds.

D. general, voluntary liens. 

B. ad valorem taxes

note: general real estate taxes= ad valorem= "according to value" in latin

A married couple owns real property with an assessed value of $30,000. A neighbor’s real property has an assessed value of $35,000. If the tax rate is the same for both properties, which of the following is TRUE about the property tax?

A. The neighbor will pay a higher ad valorem tax than the married couple.

B. The neighbor will pay a higher improvement tax than the married couple.

C. The married couple will pay a higher ad valorem tax than the neighbor.

D. They will both pay the same amount of ad valorem tax

A city planned to replace sidewalks in a particular neighborhood. Which type of tax would most likely be levied to pay for the sidewalks?

A. Capital gain tax.

B. Special assessment tax.

C. Ad valorem tax.

D. Inheritance tax.

B. Special assessment tax

note: special assessment tax=charged on real estate to fund public improvements to the property and it creates a lien for the amount of the property 

Real estate has been sold by the state or county to satisfy a delinquent tax lien. If the state has a statutory redemption period, the owner has the right to:

A. have the sale canceled by paying the back taxes and penalties.

B. pay his or her creditors directly and have their liens removed.

C. redeem the property within the time specified by law.

D. record a notice of non-responsibility for the unpaid taxes.

Which of the following is a lien on real estate?

A. An easement.

B. A recorded mortgage.

C. An encroachment.

D. A restrictive covenant. 

Which of the following is a voluntary lien? (on final)

A. Mortgage lien

B. Mechanic's lien

C. Real estate tax lien

D. Judgment lien 

What is the difference between a general lien and a specific lien?

A. A general lien cannot be enforced in a court, while a specific lien can be enforced.

B. A specific lien is held by one person, while a general lien is held by at least two persons.

C. A general lien affects all of the debtor’s property, while a specific lien affects only a certain piece of property.

D. A specific lien covers real estate, while a general lien covers personal property

A property owner has not managed to pay the annual property taxes on his home. He also owns a tract of timberland but has managed to pay the annual property taxes on it. The delinquent taxes would result in:

A. a lien against the property with the home.

B. a lien against all of the property owner's real property.

C. a lien against the property owner's real and personal property.

D. no lien whatsoever. 

An owner owns a house and separate farm. He pays the taxes on the farm, but not on the house. The delinquent taxes on the house could result in:

A. a lien against the farm.

B. a lien against the house.

C. a lien against both the house and farm.

D. a lien against the property owner’s real and personal property.

A court orders real estate to be sold to satisfy an unpaid lien in an action known as a(n):

A. encumbrance.

B. attachment.

C. seizure.

D. foreclosure.

D. foreclosure.

note: foreclosure= legal procedure in which property pledged as security for a debt said to satisfy the debt when a borrower defaults on any required payments.

Which of the following liens will take priority over all other liens, even those previously recorded? (on final)

A. mortgage lien.

B. real estate tax lien.

C. judgment lien.

D. mechanic’s lien

The priority of a lien would most likely be determined by all of the following EXCEPT:

A. recording date.

B. the dollar amount of the lien.

C. type of lien.

D. the effective date of the lien.

Normally, the priority of general liens is determined by: A. the order in which they are filed or recorded.

B. the order in which the cause of action arose.

C. the size of the claim.

D. the court

In absence of an agreement to the contrary, the mortgage having priority will be the one:

A. for the highest amount.

B. which was recorded first.

C. which was signed first.

D. that is a construction loan.

Baird has defaulted in the payment of several of his debts, and the court has ordered his property sold to satisfy them. A title search revealed several outstanding liens against the property. Which of the following liens has first priority?

A. The outstanding first mortgage lien dated and recorded one year ago.

B. The current year's unrecorded real estate tax lien.

C. The judgment lien rendered and recorded last month.

D. The mechanic's lien for work started two months before the mortgage was recorded.

An agreement between lien-holders whereby the holder of a superior lien agrees to permit a subsequent junior lien-holder to take priority is called the:

A. subrogation agreement.

B. subordination agreement.

C. notice of lien.

D. notice of non-responsibility.

B. subordination agreement

note: subordination agreement= the 1st lender lowers its lien position to that of the 2nd lender 

Which of the following encumbrances would affect the title but not the use of the land?

A. Deed restriction.

B. Easement.

C. Encroachment.

D. Lien.

A homeowner failed to pay her real estate taxes on time. The taxing authority imposed a claim on her property. This claim would be a(n):

A. license.

B. lien.

C. deed restriction.

D. encroachment

Easements and encroachments are examples of:

(on final)

A. liens on real property.

B. encumbrances on real property.

C. eminent domain.

D. police power

B. encumbrances on real property.

note: encumbrances= types of interests in real estate that does not rise to the level of ownership or possession

Which of the following would be classified as an encumbrance that would affect the physical condition of the property?

A. Judgement.

B. Mechanics liens.

C. Mortgages.

D. Easements. 

When a company furnishes materials for the construction of a house and is subsequently not paid, it may file a(n):

A. deficiency judgment.

B. lis pendens.

C. estoppel certificate.

D. mechanic’s lien. 

A mechanic’s lien would be properly classified as a(n):

A. equitable lien.

B. voluntary lien.

C. general lien.

D. specific lien.

A property owner contracted to have a swimming pool installed on her property. When the pool was completed, she refused to pay for the improvement, and the contractor filed a lien for nonpayment. This lien was most likely a:

A. general lien.

B. special lien.

C. specific lien.

D. voluntary lien

A painter did some work on an owner's house and was not paid. The owner also owned several other properties in the same neighborhood. The painter would most likely file a mechanic's lien against:

A. all the owner’s real property.

B. all the owner's personal property.

C. the owner's property worked on by the painter.

D. both the owner's real and personal property.

If a mechanic's lien is NOT enforced within the statutory period of time, which of the following occurs?

A. The lien is foreclosed.

B. The lien expires.

C. The lien is withdrawn.

D. A court will order an attachment

A property had a judgment filed against it. This was the result of a:

A. mechanic's lien.

B. law suit.

C. mortgage foreclosure.

D. tax sale.

When a lawsuit is filed that affects title to real estate a notice of possible future lien is recorded. When examining public records on would look for a:

A. writ of attachment.

B. lis pendens.

C. judgment lien.

D. mechanic’s lien. 

B. lis pendens

note: lis pendens= a notice filed in the public record of a pending legal action affecting the title to or possession of property

John is involved in a lawsuit. He owns a rental home which free of any mortgage. What can a creditor obtain to prevent John from selling the rental home before the lawsuit is settled?

A. A judgment.

B. A foreclosure notice.

C. A seizure notice.

D. A writ of attachment. 

To prevent a debtor from conveying title to their real estate while a court suit is being decided a creditor may seek a:

A. judgment.

B. lis pendens.

C. writ of attachment.

D. satisfaction.

When properly recorded in the county where the real estate of the defendant is located, a judgment become a(n):

A. voluntary lien.

B. general lien.

C. specific lien.

D. equitable lien.

Under which of the following types of liens can both the real property and the personal property of the debtor be sold to pay the debt?

A. Real estate tax lien.

B. Mechanic’s lien.

C. Judgment lien.

D. Assessment. 

A person owns a car, boat and farm land. If a judgment were issued against the person, which of the properties could the lien be placed on:

A. only the farm land.

B. only the car.

C. only the boat.

D. the car, boat and farm land.

A statutory lien created in favor of suppliers and laborers to secure payment for materials supplied and services rendered in the improvement of real property is called a:

A. Judgement.

B. Mechanic’s lien.

C. Lis pendens.

D. Mortgage lien

A private agreement, usually contained in a deed that restricts the use of real property is called:

A. a deed restriction.

B. a building code.

C. an encroachment.

D. a license. 

Deed restrictions may NOT legally control or limit:

A. sizes and types of structures to be built.

B. potential future uses of the properties.

C. the race of future owners and occupants of a property. D. exterior finish and decoration of the structures.

Which of the following statements is correct about restrictive covenants?

A. They are agreements in a deed between private parties placing limitations on real property.

B. They apply only to developers and do not bind subsequent buyers.

C. They are agreements placed in a deed by government agencies.

D. Restrictions cannot be terminated.

• A. They are agreements in a deed between private parties placing limitations on real property.

A subdivision was developed, and one of the deed restrictions covering all of the properties in the subdivision set aside the back six feet of each parcel as a combination green belt area and bicycle path. Homeowner Baird plans to convert the back one-half of her yard into an organic garden. Her neighbors can:

A. do nothing because individual homeowners have no authority in this matter.

B. go to court in an attempt to obtain injunctive relief.

C. force homeowner Baird to sell his property.

D. share in the profits from Baird’s garden. 

B. go to court in an attempt to obtain injunctive relief.

note: injunctive relief= 

If the government zoning regulations conflict with the private deed restrictions, which would take precedence?

A. Government zoning regulations.

B. Private deed restrictions.

C. The more restrictive would take precedence.

D. Private deed restrictions if they were recorded before the zoning was enacted.

Which of the following statements is TRUE about restrictive covenants?

A. They are private agreements usually contained in a deed and are binding on subsequent owners.

B. They are imposed by the government to restrict the use of the property.

C. They are usually enforced by means of a foreclosure.

D. They have a tendency to cause property values to fluctuate.

1. A. They are private agreements usually contained in a deed and are binding on subsequent owners.

A property owner is violating the recorded deed restrictions. If the adjoining lot owners stand idly by while the violation is committed, they could lose their legal right to an injunction by their inaction. The court might claim their right was lost through the doctrine of:

A. laches.

B. abandonment.

C. escheat.

D. lis pendens. 

A. laches.

note: latches= legal action taken due to delay or failure to act

If buyer Carr builds an outbuilding that violates the subdivision covenants mentioned in his deed, he:

A. may forfeit the title to the property.

B. may be sued and required to alter the structure or remove it.

C. may be sued and required to pay damages to the other residents in the neighborhood.

D. is safe from the legal actions taken by other residents in the area about this matter.

A private subdivider records a clause in a subdivision plat stating that all residential dwellings in the subdivision must have a minimum of 2000 sq. ft. on the main floor. This clause would be considered:

A. a violation of the Federal Fair Housing Laws.

B. a building code.

C. a zoning ordinance.

D. a deed restriction.

D. a deed restriction

note: deed restriction= "private" restrictions that affect the use of real estate 

building codes= construction standards that must be met when repairing or erecting a building 

Grant owned two acres of land. He sold one acre to Falk and reserved for himself an appurtenant easement over Falk’s land for ingress and egress. Grant’s land will benefit from easement and:

A. is the servient estate (tenement).

B. is the dominant estate (tenement).

C. can be cleared of the easement when Grant sells the withheld acre to a third party.

D. is subject to an easement in gross.

B. is the dominant estate (tenement).

note: dominant estate= the parcel that benefirs from the easement 

Servient estate= parcel which the easement runs

A decedent left a will giving his neighbor the right to use a well on the decedent’s land as long as the neighbor lived. The neighbor’s interest in the property is properly called a(n):

A. license.

B. easement in gross.

C. easement appurtenant.

D. life estate

B. easement in gross.

note: easement in gross ex= a right granted by a property owner to a friend to use a portion of the property for the rest of the friend's life. 

An owner divides a parcel into several lots, one of which is completely surrounded by other lots and has no street access. Which of the following is true?

A. The municipality must construct a street to create access.

B. The owner must create an easement by condemnation to provide access.

C. An easement by prescription should be granted.

D. An easement by necessity should be created for the landlocked parcel. 

Grant owns 50 acres of land with 500 feet of frontage on a desirable recreational lake. She wishes to subdivide the parcel into smaller lots, but she wants to retain control over the lake frontage while allowing lot owners to have access to the lake. Which of the following types of access rights would provide the greatest protection for a prospective lot purchaser?

A. An easement.

B. An appurtenant easement.

C. An easement by necessity.

D. A license.

B. An appurtenant easement.

An owner has a house with a scenic view, but could lose the view if the adjoining property is developed. Which of the following actions can the owner do to preserve the view?

A. Have the adjoining property rezoned.

B. Acquire an easement from the adjoining owner.

C. File a lawsuit if the adjoining owner builds.

D. Purchase title insurance.

Your neighbors use your driveway to reach their garage which is on their property. Your attorney explains that ownership of the neighbors’ real estate includes an easement appurtenant giving them the right to do this. Your property is the:

A. leasehold interest.

B. dominant tenement.

C. servient tenement.

D. license property. 

C. servient tenement.

note: servient tenement is the parcel which the easement (land used for a specific purpose) runs

Falk and Grant share a common driveway on a boundary line between their two properties. Can the right of use for the driveway be transferred to Falk's heirs when they inherit the property after Falk dies?

A. Yes, it is an easement appurtenant and inheritable.

B. Yes, it is an easement in gross and transferable.

C. No, it is an easement appurtenant and not inheritable.

D. No, it is an easement in gross and not transferable. 

. The developer grants to the gas company the right to install transmission lines across the property. This right is called a(n):

A. license.

B. easement in gross.

C. easement by prescription.

D. conditional use permit.

Utility easements, power line easements, and sewer line easements are examples of:

A. easement in gross.

B. easement appurtenant.

C. licenses.

D. easements by prescriptions.

A. easement in gross.

An easement in gross is an individual or company interest in or right to use someone else’s land. A railroad’s right-of-way is an easement in gross, as are the rights-of-way of utility easements (such as for a pipeline or power line).

If the owner of the dominant tenement becomes the owner of the servient tenement and merges the two properties:

A. the easement becomes dormant.

B. the easement is unaffected.

C. the easement is terminated.

D. the properties retain their former status. 

If the owner of real property does not take action against a trespasser before the statutory period of time has passed, the trespasser may acquire the right to continue to use the property through:

A. an easement by necessity.

B. an easement by prescription.

C. a license.

D. eminent domain.

A right to limited use or enjoyment that benefits and attaches to the owner’s land (dominant estate) and is a burden on another’s land (servient estate) is best described as an:

A. easement appurtenant.

B. easement in gross.

C. easement by necessity.

D. easement by prescription.

An owner sells the front half of his property to a developer. He reserves an easement across the sold land to provide access to a public road. This is an example of:

A. easement in gross.

B. easement appurtenant.

C. easement by prescription.

D. easement by necessity

B. easement appurtenant

note:  An easement appurtenant is attached to the ownership of real estate and allows the owner of that property the use of a neighbor’s land. For an easement appurtenant to exist, two adjacent parcels of land must be owned by two different parties

An easement acquired by adverse, hostile, open, notorious, and continuous use of someone else’s property for the statutory period of time is known as:

A. an easement by necessity.

B. an easement by prescription.

C. an easement in gross.

D. an easement appurtenant.

A personal privilege to use the land of another for a specific purpose is a(n):

A. lien.

B. license.

C. deed restriction.

D. easement.

Baird and Carr are next door neighbors. Carr gives Baird permission to store his camper in her yard for a few weeks until she needs the space. Carr did not charge Baird rent for the use of her yard. Carr has given Baird a(n):

A. easement appurtenant.

B. easement by necessity.

C. estate in land.

D. license. 

D. license. 

note: license= personal privilege to use the land of another for a specific person 

A property owner gives permission to his friend to cross his property and fish in the lake. If the owner sells the property does the friend still have the right to cross the property?

A. No, a license is terminated when the property is sold.

B. No, an easement appurtenant is terminated when the property is sold.

C. Yes, the license belongs to the friend and will not terminate if the property is sold.

D. Yes, provided the friend compensates the new owner.

Which of the following will NOT terminate a license to use the land of another?

A. The property is sold by the owner.

B. The licensor terminates or cancels the license.

C. Death of either party to the license.

D. Excessive use of the property

• D. Excessive use of the property

A license is an example of a(n):

A. easement appurtenant.

B. easement in gross.

C. revocable right of use.

D. private deed restriction. 

Baird has permission from Carr to fish on Carr’s property during the summer season. Barr has a(n):

A. easement by necessity.

B. license.

C. seasonal pass.

D. deed restriction.

B. license.

Which of the following is the best way to ensure that there are no encroachments and verify the boundaries of a parcel of land?

A. Write a legal description.

B. Get a survey.

C. Find the monuments.

D. Verify the benchmarks

A portion of Baird's driveway was inadvertently built on Carr's land. This is called:

A. a party wall.

B. an easement.

C. an encroachment.

D. a lien.

C. an encroachment.

note: When a building, fence, or driveway illegally extends beyond the boundaries of the land of its owner or legal building lines, an encroachment occurs

A buyer is interested in buying a parcel of land but wants to know if there are any existing encroachments. The buyer should get a:

A. percolation test.

B. property inspection.

C. survey.

D. title search.

An owner has fenced his property. By mistake a portion of the fence extended over the owner’s lot line onto a neighbor’s property. The fence is an example of a(n):

A. license.

B. easement by necessity.

C. easement by prescription.

D. encroachment. 

An interest in real property must be recorded to:

A. comply with state real estate laws.

B. comply with federal tax codes.

C. establish the basis for state transfer tax.

D. provide constructive notice.