Page 1 of 144
SUPERIOR SCHOOL OF REAL ESTATE
FINAL VERSION 2|ACTUAL
150Qs&As|ALREADY GRADED A+
1. A homeowner installs a fence that extends 2 feet onto the
neighbor's property. After 12 years, the neighbor discovers
the encroachment. Which legal concept might prevent the
neighbor from demanding removal?
A) Easement by necessity
B) Prescription (Adverse possession)
C) License
D) Encroachment waiver
Answer: B) Prescription (Adverse possession)
*Rationale: Adverse possession can transfer title after statutory
period (typically 10-20 years) if use is hostile, actual, open,
,Page 2 of 144
notorious, exclusive, and continuous. The encroachment meets
these elements.*
2. A condominium owner owns:
A) The unit and the land under the entire complex
B) The unit in fee simple and an undivided interest in
common elements
C) Shares in a corporation plus a proprietary lease
D) Only interior walls and floors
Answer: B) The unit in fee simple and an undivided interest in
common elements
Rationale: Condo ownership is a hybrid: fee simple to the airspace
of the unit plus tenancy-in-common interest in common areas
(hallways, pool, land).
,Page 3 of 144
3. Scenario: A developer wants to build 20 townhomes on a
lot zoned for single-family detached homes. What must they
obtain?
A) Variance
B) Conditional use permit
C) Rezoning
D) Non-conforming use certificate
Answer: C) Rezoning
Rationale: Townhomes (multi-family attached) require a zoning
change from single-family detached. A variance is for minor
dimensional relief, not use change. Conditional use permits are for
uses allowed but requiring approval in a zone.
4. Which of the following is NOT a legal description?
A) Lot 12, Block 4, Sunnyside Subdivision
B) 123 Main Street, Anytown, USA
, Page 4 of 144
C) The SW ¼ of the SE ¼ of Section 16, T2N, R3W
D) Beginning at an iron pin 200 feet north of Oak Tree...
Answer: B) 123 Main Street
Rationale: Street addresses are not legal descriptions; they are for
mailing. Legal descriptions must uniquely identify property
boundaries (metes and bounds, lot and block, or rectangular
survey).
5. A property is encumbered by a deed restriction that
prohibits commercial activity. The city later re-zones the area
for commercial use. Which prevails?
A) Zoning
B) Deed restriction
C) The most recent document
D) Both are equally enforceable
SUPERIOR SCHOOL OF REAL ESTATE
FINAL VERSION 2|ACTUAL
150Qs&As|ALREADY GRADED A+
1. A homeowner installs a fence that extends 2 feet onto the
neighbor's property. After 12 years, the neighbor discovers
the encroachment. Which legal concept might prevent the
neighbor from demanding removal?
A) Easement by necessity
B) Prescription (Adverse possession)
C) License
D) Encroachment waiver
Answer: B) Prescription (Adverse possession)
*Rationale: Adverse possession can transfer title after statutory
period (typically 10-20 years) if use is hostile, actual, open,
,Page 2 of 144
notorious, exclusive, and continuous. The encroachment meets
these elements.*
2. A condominium owner owns:
A) The unit and the land under the entire complex
B) The unit in fee simple and an undivided interest in
common elements
C) Shares in a corporation plus a proprietary lease
D) Only interior walls and floors
Answer: B) The unit in fee simple and an undivided interest in
common elements
Rationale: Condo ownership is a hybrid: fee simple to the airspace
of the unit plus tenancy-in-common interest in common areas
(hallways, pool, land).
,Page 3 of 144
3. Scenario: A developer wants to build 20 townhomes on a
lot zoned for single-family detached homes. What must they
obtain?
A) Variance
B) Conditional use permit
C) Rezoning
D) Non-conforming use certificate
Answer: C) Rezoning
Rationale: Townhomes (multi-family attached) require a zoning
change from single-family detached. A variance is for minor
dimensional relief, not use change. Conditional use permits are for
uses allowed but requiring approval in a zone.
4. Which of the following is NOT a legal description?
A) Lot 12, Block 4, Sunnyside Subdivision
B) 123 Main Street, Anytown, USA
, Page 4 of 144
C) The SW ¼ of the SE ¼ of Section 16, T2N, R3W
D) Beginning at an iron pin 200 feet north of Oak Tree...
Answer: B) 123 Main Street
Rationale: Street addresses are not legal descriptions; they are for
mailing. Legal descriptions must uniquely identify property
boundaries (metes and bounds, lot and block, or rectangular
survey).
5. A property is encumbered by a deed restriction that
prohibits commercial activity. The city later re-zones the area
for commercial use. Which prevails?
A) Zoning
B) Deed restriction
C) The most recent document
D) Both are equally enforceable
