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NATIONAL PEARSON VUE REAL ESTATE EXAM PREP WORKBOOK

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NATIONAL PEARSON VUE REAL ESTATE EXAM PREP WORKBOOK TRUE OR FALSE - Economic obsolescence results from an inharmonious land use in a neighborhood. The statement is true. An obsolescence typically means there is a negative effect on a property that may or may not be curable. The economic obsolescence results in a negative value effect to a property due to something outside the property lines (e.g., a shopping center on the other side of the subdivision retaining wall without a buffer zone). Economic obsolescence is rarely curable. TRUE OR FALSE - A consideration in determining whether or not an object is a fixture includes the adaptation of the object. The statement is true. The three measures of a fixture are (1) it is attached, (2) it is through adaptation that it is to remain with real property, or (3) through an agreement of the parties, the item is treated as a fixture and remains with the real property. TRUE OR FALSE - An encroachment can be found on the deed. The statement is false. An encroachment can be found on a survey or an improvement location certificate (ILC). TRUE OR FALSE - Rita Smith leases a restaurant to Diego Jones for five years. Jones installs his own ovens, booths, counters, and other equipment. These items are considered personal property and can be removed at the end of the lease. The statement is true. These are called trade fixtures. Personal and real items are used for a trade- a business. The trade fixtures are the property of the tenant unless the tenant does not remove them no later than termination of the lease; they then become real property, and belong to the owner of the real estate. TRUE OR FALSE - The sellers removed the attached microwave, which had not been excluded in the sale. The sellers are in breach. The statement is true. It is typical for the microwave to adapted and sometimes is attached; therefore, it must stay with the real property. If the seller wanted it, it needed to have been excluded in the written contract. TRUE OR FALSE - A shared driveway and a party wall are both examples of easements in gross. The statement is false. Easements appurtenant are easements that are "apparent" that an easement was created for the use or access to another's property. An easement in gross references the right of ingress and egress for utility easements or mineral extractions. TRUE OR FALSE - The right of ingress and egress over the land of another is classified as an encroachment. The statement is false. Easements are ingress (the right to enter another's property) and egress (the right to exit another's property) TRUE OR FALSE - A storage building that extends over the boundary line between the property of the building's owner and an adjacent property is an example of encroachment. The statement is true. The storage building is on the easement that may need to be available to the utility company. Therefore, it is an encroachment of the easement. TRUE OR FALSE - The recipient of an easement appurtenant enjoys an increase in the amount of property owned The statement is false. The easement does not give rights of interest, only rights of use. TRUE OR FALSE - An easement by prescription is a right acquired by an adverse user for limited use or enjoyment of the land of another. The statement is true. This is given through the petition of the court. It is over a statutory time period that another accesses land (open, continuous, exclusive, adversely, and notorious). TRUE OR FALSE - Recording docs, such as deeds, create actual notice. The statement is false. Constructive notice is given when documents are recorded in the county where the property is located. This gives the world notice of the title. An example of actual notice would be when an individual researches a title and now has knowledge of the title. TRUE OR FALSE - Freehold estates have an indefinite duration. The statement is true. For as long as interest is held, there is no termination of interest due to conditions. TRUE OR FALSE - The owner of the property in a life estate is called the life tenant. The statement is true. The life tenant is named in the life estate deed and has interest in the property until the death of the named life tenant. TRUE OR FALSE - Water rights based on first beneficial use are called riparian rights. The statement is false. Riparian rights refer to river and streams, whereas the doctrine of prior appropriation states that the first beneficial user of water will have senior rights. TRUE OR FALSE - A deed of trust is the BEST deed for a purchaser to use to take title. The statement is false. General warranty deed, as a deed of trust, is used to create liens--not pass title. TRUE OR FALSE - A married couple owns a property as joint tenants. The husband's will leaves his share in the property to their daughter. Upon the husband's death, the surviving spouse and daughter will own the property as tenants in common. The statement is false. The spouse will own the property in severalty. The will is irrelevant because title was taken in joint tenancy. This would be a true statement if the couple owned the property as tenants in common. TRUE OR FALSE - The right to sell, will, or transfer interest held in real property is known as the right to control the property within the framework of the law. The statement is false. The right to sell, will, transfer, or otherwise dispose, or encumber real property are known as the right of disposition. The right to control the property within the framework of the law means that the owner(s) will abide by federal, state, and local municipalities, as well as deed restrictions (should they apply). TRUE OR FALSE - A deed to title is one way to prove marketable title. The statement is false. The title policy or an abstract of title (summary of title) with an opinion of the title is used to prove marketable title. Title is the legal proof that one has a right to something. Deeds are the actually legal documents that transfer title. TRUE OR FALSE - Pur autre vie means that the life estate is based on the life tenant's life. The statement is false. Pur autre vie means that the life estate may be based on the life of someone other than the holder of the life estate. TRUE OR FALSE - Sam inherits a family ranch and discovers that the title is clouded. A quitclaim deed may need to be filed to clear the title. The statement is false. A quiet title suit may need to be filed to clear the title. A quitclaim deed is used; it is a

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Voorbeeld van de inhoud

NATIONAL PEARSON VUE REAL ESTATE EXAM
PREP WORKBOOK
TRUE OR FALSE - Economic obsolescence results from an inharmonious land
use in a neighborhood.
The statement is true.

An obsolescence typically means there is a negative effect on a property that may or
may not be curable. The economic obsolescence results in a negative value effect to a
property due to something outside the property lines (e.g., a shopping center on the
other side of the subdivision retaining wall without a buffer zone). Economic
obsolescence is rarely curable.
TRUE OR FALSE - A consideration in determining whether or not an object is a
fixture includes the adaptation of the object.
The statement is true.

The three measures of a fixture are (1) it is attached, (2) it is through adaptation that it is
to remain with real property, or (3) through an agreement of the parties, the
item is treated as a fixture and remains with the real property.
TRUE OR FALSE - An encroachment can be found on the deed.
The statement is false.

An encroachment can be found on a survey or an improvement location certificate
(ILC).
TRUE OR FALSE - Rita Smith leases a restaurant to Diego Jones for five years.
Jones installs his own ovens, booths, counters, and other equipment. These
items are considered personal property and can be removed at the end of the
lease.
The statement is true.

These are called trade fixtures. Personal and real items are used for a trade- a
business. The trade fixtures are the property of the tenant unless the tenant does not
remove them no later than termination of the lease; they then become real property, and
belong to the owner of the real estate.
TRUE OR FALSE - The sellers removed the attached microwave, which had not
been excluded in the sale. The sellers are in breach.
The statement is true.

It is typical for the microwave to adapted and sometimes is attached; therefore, it must
stay with the real property. If the seller wanted it, it needed to have been excluded in the
written contract.
TRUE OR FALSE - A shared driveway and a party wall are both examples of
easements in gross.

, The statement is false.

Easements appurtenant are easements that are "apparent" that an easement was
created for the use or access to another's property. An easement in gross references
the right of ingress and egress for utility easements or mineral extractions.
TRUE OR FALSE - The right of ingress and egress over the land of another is
classified as an encroachment.
The statement is false.

Easements are ingress (the right to enter another's property) and egress (the right to
exit another's property)
TRUE OR FALSE - A storage building that extends over the boundary line
between the property of the building's owner and an adjacent property is an
example of encroachment.
The statement is true.

The storage building is on the easement that may need to be available to the utility
company. Therefore, it is an encroachment of the easement.
TRUE OR FALSE - The recipient of an easement appurtenant enjoys an increase
in the amount of property owned
The statement is false.

The easement does not give rights of interest, only rights of use.
TRUE OR FALSE - An easement by prescription is a right acquired by an adverse
user for limited use or enjoyment of the land of another.
The statement is true.

This is given through the petition of the court. It is over a statutory time period that
another accesses land (open, continuous, exclusive, adversely, and notorious).
TRUE OR FALSE - Recording docs, such as deeds, create actual notice.
The statement is false.

Constructive notice is given when documents are recorded in the county where the
property is located. This gives the world notice of the title. An example of actual notice
would be when an individual researches a title and now has knowledge of the title.
TRUE OR FALSE - Freehold estates have an indefinite duration.
The statement is true.

For as long as interest is held, there is no termination of interest due to conditions.
TRUE OR FALSE - The owner of the property in a life estate is called the life
tenant.
The statement is true.

The life tenant is named in the life estate deed and has interest in the property until the
death of the named life tenant.

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