Real Estate Express / Civil Law Question and
Answers
The metes and bounds description always identifies an enclosed area by starting at an
origination point called - Answ point of beginning.
What refers to the right to have one's property supported from beneath the surface? -
Answ Subjacent Rights
What system uses physical features of the local geography, along with directions and
distances, to define and describe the boundaries of a parcel of land? - Answ Metes and
bounds
Homestead - Answ A homestead is one's principal residence. Homestead laws protect
family members against losing their homes to general creditors attempting to collect on
debts.
Dower and Curtesy - Answ is a wife's life estate interest in the husband's property.
When the husband dies, the wife can make a claim to portions of the decedent's
property. Curtesy is the identical right enjoyed by the husband in a deceased wife's
property. Property acquired under dower laws is owned by the surviving spouse for the
duration of his or her lifetime.
Elective Share - Answ is a state-level statute enabling a surviving spouse to make a
minimum claim to the deceased spouse's real and personal property in place of the
provisions for such property in the decedent's will.
Remainder - Answ If a life estate names a third party to receive title to the property
upon termination of the life estate, the party enjoys a future interest, called a remainder
interest or a remainder estate. The holder of a remainder interest is called a
remainderman.
Reversion - Answ If no remainder estate is established, the estate reverts to the
original owner, or the owner's heirs. In this situation, the original owner retains a
reversionary interest or estate.
History of title is also known as - Answ chain of title.
If an interest-holder enjoys the right of possession, the party is considered to have
what? - Answ An estate in land
In real estate, what term describes the recipient of a property and the person taking
title? - Answ Grantee
,What term describes a husband's life estate interest in the husband's property? - Answ
Curtesy
What component describes a freehold estate existing for a lifetime? - Answ An
indefinite ending
The owner of a fee simple interest is called - Answ the fee tenant.
All of the following are types of defeasible fee estates EXCEPT - Answ absolute.
In what type of tenancy do two or more persons collectively own a property as if they
were a single person? - Answ Joint tenancy
Tenancy in common is also known as - Answ estate in common.
To transfer property within dower and curtesy states, what must a husband or wife
obtain from the other spouse in order to convey clear title to another party? - Answ A
release of the dower interest
Community property law distinguishes real and personal property into categories of
separate and - Answ community property.
Which of the following is a kind of tenancy not recognized in South Carolina? - Answ
Tenancy by the Entirety
What is a form of ownership reserved exclusively for husband and wife, and is only
recognized in community property states? - Answ Tenancy by the entirety
What describes when co-tenants share an indivisible interest in the estate, that is, all
have equal rights to possess and use the property subject to the rights of the other co-
tenants? - Answ Identical rights
What describes all portions of a property that are necessary for the existence,
operation, and maintenance of condominium units? - Answ common elements
What does it mean for a corporation to be closely held? - Answ It avoids taxes by
showing little to no profit.
lien - Answ is a financial encumbrance and monetary charge that represents a security
interest in the property. The property is the security for the payment of a debt or
judgment. For example, a lien, such as a tax lien, can be placed on the property's title,
thereby restricting the owner's ability to transfer clear title to another party.
easement - Answ nonfinancial encumbrance that restricts the use of the property itself.
For example, an easement, such as a utility easement, enables others to use the
, property, regardless of the owner's desires. Other examples of nonfinancial
encumbrances include profits, encroachments, licenses, and nuisances.
What allows a use that differs from the applicable ordinance for a variety of justifiable
reasons? - Answ a zoning variance
What describes a regulation enacted by the local government for zoning a city or
county? - Answ a zoning ordinance
A nonconforming property is one that - Answ clearly differs from current zoning.
When an easement is attached to a property, the property enjoying the usage right is
called the - Answ a dominant state
What is another term given to spot zoning? - Answ rezoning
What type of rezoning creates an area with more restrictive uses? - Answ down zoning
What type of easement involves adverse and hostile use? - Answ prescriptive
easement
Unpleasant odors from a processing plant are known as a - Answ public nuisance
An easement by necessity is an easement appurtenant granted by a court of law to a
property owner because of - Answ a circumstance of necessity.
A lender who receives a stop notice is - Answ required to withhold the amount of the
lien.
What type of easement is created to provide access to a landlocked property? - Answ
Easement by Necessity
An encumbrance - Answ does not include the right of possession and is therefore a
lesser interest than the owner's freehold interest.
Which of the follow statements is most accurate? - Answ Covenants are more
restrictive than the zoning requirements.
adverse possessor - Answ is someone who enters, occupies, and uses another's
property without the knowledge or consent of the owner, or with the knowledge of an
owner who fails to take any action over a statutory period of time.
Accession - Answ is the gain or loss of property through forces of nature, labor, or the
addition of new materials.
Answers
The metes and bounds description always identifies an enclosed area by starting at an
origination point called - Answ point of beginning.
What refers to the right to have one's property supported from beneath the surface? -
Answ Subjacent Rights
What system uses physical features of the local geography, along with directions and
distances, to define and describe the boundaries of a parcel of land? - Answ Metes and
bounds
Homestead - Answ A homestead is one's principal residence. Homestead laws protect
family members against losing their homes to general creditors attempting to collect on
debts.
Dower and Curtesy - Answ is a wife's life estate interest in the husband's property.
When the husband dies, the wife can make a claim to portions of the decedent's
property. Curtesy is the identical right enjoyed by the husband in a deceased wife's
property. Property acquired under dower laws is owned by the surviving spouse for the
duration of his or her lifetime.
Elective Share - Answ is a state-level statute enabling a surviving spouse to make a
minimum claim to the deceased spouse's real and personal property in place of the
provisions for such property in the decedent's will.
Remainder - Answ If a life estate names a third party to receive title to the property
upon termination of the life estate, the party enjoys a future interest, called a remainder
interest or a remainder estate. The holder of a remainder interest is called a
remainderman.
Reversion - Answ If no remainder estate is established, the estate reverts to the
original owner, or the owner's heirs. In this situation, the original owner retains a
reversionary interest or estate.
History of title is also known as - Answ chain of title.
If an interest-holder enjoys the right of possession, the party is considered to have
what? - Answ An estate in land
In real estate, what term describes the recipient of a property and the person taking
title? - Answ Grantee
,What term describes a husband's life estate interest in the husband's property? - Answ
Curtesy
What component describes a freehold estate existing for a lifetime? - Answ An
indefinite ending
The owner of a fee simple interest is called - Answ the fee tenant.
All of the following are types of defeasible fee estates EXCEPT - Answ absolute.
In what type of tenancy do two or more persons collectively own a property as if they
were a single person? - Answ Joint tenancy
Tenancy in common is also known as - Answ estate in common.
To transfer property within dower and curtesy states, what must a husband or wife
obtain from the other spouse in order to convey clear title to another party? - Answ A
release of the dower interest
Community property law distinguishes real and personal property into categories of
separate and - Answ community property.
Which of the following is a kind of tenancy not recognized in South Carolina? - Answ
Tenancy by the Entirety
What is a form of ownership reserved exclusively for husband and wife, and is only
recognized in community property states? - Answ Tenancy by the entirety
What describes when co-tenants share an indivisible interest in the estate, that is, all
have equal rights to possess and use the property subject to the rights of the other co-
tenants? - Answ Identical rights
What describes all portions of a property that are necessary for the existence,
operation, and maintenance of condominium units? - Answ common elements
What does it mean for a corporation to be closely held? - Answ It avoids taxes by
showing little to no profit.
lien - Answ is a financial encumbrance and monetary charge that represents a security
interest in the property. The property is the security for the payment of a debt or
judgment. For example, a lien, such as a tax lien, can be placed on the property's title,
thereby restricting the owner's ability to transfer clear title to another party.
easement - Answ nonfinancial encumbrance that restricts the use of the property itself.
For example, an easement, such as a utility easement, enables others to use the
, property, regardless of the owner's desires. Other examples of nonfinancial
encumbrances include profits, encroachments, licenses, and nuisances.
What allows a use that differs from the applicable ordinance for a variety of justifiable
reasons? - Answ a zoning variance
What describes a regulation enacted by the local government for zoning a city or
county? - Answ a zoning ordinance
A nonconforming property is one that - Answ clearly differs from current zoning.
When an easement is attached to a property, the property enjoying the usage right is
called the - Answ a dominant state
What is another term given to spot zoning? - Answ rezoning
What type of rezoning creates an area with more restrictive uses? - Answ down zoning
What type of easement involves adverse and hostile use? - Answ prescriptive
easement
Unpleasant odors from a processing plant are known as a - Answ public nuisance
An easement by necessity is an easement appurtenant granted by a court of law to a
property owner because of - Answ a circumstance of necessity.
A lender who receives a stop notice is - Answ required to withhold the amount of the
lien.
What type of easement is created to provide access to a landlocked property? - Answ
Easement by Necessity
An encumbrance - Answ does not include the right of possession and is therefore a
lesser interest than the owner's freehold interest.
Which of the follow statements is most accurate? - Answ Covenants are more
restrictive than the zoning requirements.
adverse possessor - Answ is someone who enters, occupies, and uses another's
property without the knowledge or consent of the owner, or with the knowledge of an
owner who fails to take any action over a statutory period of time.
Accession - Answ is the gain or loss of property through forces of nature, labor, or the
addition of new materials.
