Pennsylvania Real Estate National Exam Actual Exam |
Latest Version | Correct & Verified Complete
Questions and Answers Detailed Rationales Pass
Guaranteed - A+ Graded
Property Ownership & Land Use Controls
Q1: A married couple in Pennsylvania takes title to a home as "husband and wife." Upon
the death of one spouse, the surviving spouse automatically becomes the sole owner.
Which form of co-ownership did they most likely use?
A. Tenancy in common
B. Joint tenancy
C. Tenancy by the entirety [CORRECT]
D. Community property
Correct Answer: C
Rationale: The best answer is C. Tenancy by the entirety is reserved for married couples
in Pennsylvania and carries the right of survivorship, meaning the surviving spouse
takes full title automatically without probate. Joint tenancy also has survivorship, but
tenancy by the entirety is the specific form used by married couples in this state and
offers additional protections against individual creditors.
Q2: Three siblings inherit a commercial property from their parents. Each sibling owns
an equal undivided interest, and there is no right of survivorship among them. If one
sibling dies, what happens to their share?
A. It automatically passes to the surviving siblings
B. It passes to the deceased sibling's heirs or devisees [CORRECT]
C. The property must be sold and the proceeds divided equally
D. It reverts to the state under escheat laws
Correct Answer: B
Rationale: The best answer is B. This describes a tenancy in common, where each
co-owner holds a distinct, transferable interest that passes to their heirs at death rather
,than to the other co-tenants. The lack of a right of survivorship is the key detail that
separates tenancy in common from joint tenancy.
Q3: A property owner grants a neighbor the right to use a driveway that crosses their
land to reach the neighbor's otherwise landlocked parcel. This non-possessory interest
is best described as:
A. A license
B. An encroachment
C. A deed restriction
D. An easement appurtenant [CORRECT]
Correct Answer: D
Rationale: The best answer is D. An easement appurtenant benefits an adjacent parcel
(the dominant tenement) by allowing use across another parcel (the servient tenement).
Since the neighbor's land is landlocked and the driveway crosses the grantor's land, this
fits the classic definition of an easement appurtenant that runs with the land.
Q4: During a routine survey, a buyer discovers that the neighbor's fence extends two feet
onto the property they are purchasing. This unauthorized intrusion is known as:
A. An easement
B. A license
C. A lien
D. An encroachment [CORRECT]
Correct Answer: D
Rationale: The best answer is D. An encroachment occurs when a structure or
improvement physically intrudes onto another person's property without permission.
Unlike an easement, which is a legal right to use another's land, an encroachment is an
unauthorized invasion that can become a title issue if not resolved.
Q5: A property owner holds a life estate measured by their own life. Upon their death,
ownership automatically passes to a named remainderman. What type of estate does
the original owner hold?
A. Fee simple absolute
B. Fee simple determinable
C. Leasehold estate
D. Conventional life estate [CORRECT]
, Correct Answer: D
Rationale: The best answer is D. A conventional life estate gives the holder full
possession and use for the duration of their life, with the future interest (remainder)
passing to the remainderman upon death. It is a freehold estate, but it is not inheritable
by the life tenant's heirs since it terminates at death.
Q6: A developer wants to build a shopping center on a parcel that includes a mapped
wetland area. Under federal regulations, which agency typically requires permits for
dredging or filling activities in such areas?
A. The Federal Housing Administration
B. The Department of Housing and Urban Development
C. The Federal Emergency Management Agency
D. The Army Corps of Engineers [CORRECT]
Correct Answer: D
Rationale: The best answer is D. The Clean Water Act gives the U.S. Army Corps of
Engineers authority over dredge and fill activities in navigable waters and wetlands.
Developers generally need a Section 404 permit from the Corps before disturbing
wetland areas, regardless of local zoning approval.
Q7: A homeowner in a residential subdivision wants to paint their house bright purple,
but the subdivision's recorded covenants restrict exterior colors to earth tones. These
covenants are an example of:
A. Public zoning regulations
B. Building code requirements
C. Easement restrictions
D. Private land use controls [CORRECT]
Correct Answer: D
Rationale: The best answer is D. Covenants, conditions, and restrictions (CC&Rs) are
private agreements recorded in the deed chain that bind subsequent owners. They are
enforced by homeowners associations or other property owners, not by government
agencies, which makes them private land use controls rather than public regulations.
Q8: A municipality changes its zoning ordinance to prohibit commercial uses in a
district that previously allowed them. An existing commercial building in that district
may continue operating because of:
Latest Version | Correct & Verified Complete
Questions and Answers Detailed Rationales Pass
Guaranteed - A+ Graded
Property Ownership & Land Use Controls
Q1: A married couple in Pennsylvania takes title to a home as "husband and wife." Upon
the death of one spouse, the surviving spouse automatically becomes the sole owner.
Which form of co-ownership did they most likely use?
A. Tenancy in common
B. Joint tenancy
C. Tenancy by the entirety [CORRECT]
D. Community property
Correct Answer: C
Rationale: The best answer is C. Tenancy by the entirety is reserved for married couples
in Pennsylvania and carries the right of survivorship, meaning the surviving spouse
takes full title automatically without probate. Joint tenancy also has survivorship, but
tenancy by the entirety is the specific form used by married couples in this state and
offers additional protections against individual creditors.
Q2: Three siblings inherit a commercial property from their parents. Each sibling owns
an equal undivided interest, and there is no right of survivorship among them. If one
sibling dies, what happens to their share?
A. It automatically passes to the surviving siblings
B. It passes to the deceased sibling's heirs or devisees [CORRECT]
C. The property must be sold and the proceeds divided equally
D. It reverts to the state under escheat laws
Correct Answer: B
Rationale: The best answer is B. This describes a tenancy in common, where each
co-owner holds a distinct, transferable interest that passes to their heirs at death rather
,than to the other co-tenants. The lack of a right of survivorship is the key detail that
separates tenancy in common from joint tenancy.
Q3: A property owner grants a neighbor the right to use a driveway that crosses their
land to reach the neighbor's otherwise landlocked parcel. This non-possessory interest
is best described as:
A. A license
B. An encroachment
C. A deed restriction
D. An easement appurtenant [CORRECT]
Correct Answer: D
Rationale: The best answer is D. An easement appurtenant benefits an adjacent parcel
(the dominant tenement) by allowing use across another parcel (the servient tenement).
Since the neighbor's land is landlocked and the driveway crosses the grantor's land, this
fits the classic definition of an easement appurtenant that runs with the land.
Q4: During a routine survey, a buyer discovers that the neighbor's fence extends two feet
onto the property they are purchasing. This unauthorized intrusion is known as:
A. An easement
B. A license
C. A lien
D. An encroachment [CORRECT]
Correct Answer: D
Rationale: The best answer is D. An encroachment occurs when a structure or
improvement physically intrudes onto another person's property without permission.
Unlike an easement, which is a legal right to use another's land, an encroachment is an
unauthorized invasion that can become a title issue if not resolved.
Q5: A property owner holds a life estate measured by their own life. Upon their death,
ownership automatically passes to a named remainderman. What type of estate does
the original owner hold?
A. Fee simple absolute
B. Fee simple determinable
C. Leasehold estate
D. Conventional life estate [CORRECT]
, Correct Answer: D
Rationale: The best answer is D. A conventional life estate gives the holder full
possession and use for the duration of their life, with the future interest (remainder)
passing to the remainderman upon death. It is a freehold estate, but it is not inheritable
by the life tenant's heirs since it terminates at death.
Q6: A developer wants to build a shopping center on a parcel that includes a mapped
wetland area. Under federal regulations, which agency typically requires permits for
dredging or filling activities in such areas?
A. The Federal Housing Administration
B. The Department of Housing and Urban Development
C. The Federal Emergency Management Agency
D. The Army Corps of Engineers [CORRECT]
Correct Answer: D
Rationale: The best answer is D. The Clean Water Act gives the U.S. Army Corps of
Engineers authority over dredge and fill activities in navigable waters and wetlands.
Developers generally need a Section 404 permit from the Corps before disturbing
wetland areas, regardless of local zoning approval.
Q7: A homeowner in a residential subdivision wants to paint their house bright purple,
but the subdivision's recorded covenants restrict exterior colors to earth tones. These
covenants are an example of:
A. Public zoning regulations
B. Building code requirements
C. Easement restrictions
D. Private land use controls [CORRECT]
Correct Answer: D
Rationale: The best answer is D. Covenants, conditions, and restrictions (CC&Rs) are
private agreements recorded in the deed chain that bind subsequent owners. They are
enforced by homeowners associations or other property owners, not by government
agencies, which makes them private land use controls rather than public regulations.
Q8: A municipality changes its zoning ordinance to prohibit commercial uses in a
district that previously allowed them. An existing commercial building in that district
may continue operating because of:
