Real Estate Property Characteristics and Land Use Practice Test

25 practice questions

Choose an answer, then check it under Show answer.

1. Question 1 of 25Medium

   A deed conveys title to a lot with a restriction stating that if the property is ever used for commercial purposes, title shall immediately revert to the original grantor. This restriction is classified as which of the following, and how does it differ from a standard restrictive covenant?

   1. AA. An equitable servitude, which limits enforcement remedies exclusively to financial damages
   2. BB. A license, which grants revocable personal permission that terminates upon transfer of the parcel
   3. CC. An affirmative easement, which grants the grantor the right to operate a retail business on the parcel
   4. DD. A deed condition, which subjects the owner to potential forfeiture of title if violated
   Show answer to question 1

   Answer: D. A deed condition, which subjects the owner to potential forfeiture of title if violated

   A deed condition creates a defeasible fee estate wherein breach of the restriction can result in total loss or forfeiture of title via reversion or right of re-entry. By contrast, breaching a standard restrictive covenant typically subjects the violator to an injunction or monetary damages rather than loss of ownership.

   Why the other options are wrong

   • AThis confuses a title forfeiture condition with an equitable servitude, which is generally enforceable by injunction rather than exclusively by damages and does not itself cause title to revert.
   • BThis mistakes a restriction on ownership for permission to use land. A license grants personal permission, while this provision makes continued ownership depend on avoiding commercial use.
   • CThis confuses a restriction on land use with a right to use another’s land. The provision prohibits commercial use through potential forfeiture, rather than granting anyone a right to operate a business.

2. Question 2 of 25Easy

   Talia's deed describes her home as Lot 17, Block 3, Cedar Hollow, according to Plat Book 42, Page 8. What reference should she use to identify the lot's official boundaries?

   1. AA. The county tax account assigned to the parcel
   2. BB. The purchase contract signed by the parties
   3. CC. The complete postal address shown on the deed
   4. DD. The recorded subdivision plat for Block 3
   Show answer to question 2

   Answer: D. The recorded subdivision plat for Block 3

   In the lot-and-block system, a recorded subdivision plat supplies the referenced lot and block lines. A street address, tax identifier, and purchase contract do not replace the recorded legal description.

   Why the other options are wrong

   • AA tax account is an administrative identifier rather than a legal description.
   • BA purchase contract may refer to a legal description, but it does not replace the recorded plat.
   • CA postal address is useful for mail and identification, but it does not precisely establish legal boundaries.

3. Question 3 of 25Medium

   Omar, a restaurant tenant, bolts a walk-in cooler to the floor and connects it to the building's electrical system so the restaurant can operate. The lease is silent about the cooler. At lease end, how should it be treated?

   1. AA. As a trade fixture removable before lease end if damage is repaired
   2. BB. As a license to use the space that expires on the lease's final day
   3. CC. As personal property removable only with the landlord's written consent
   4. DD. As a permanent fixture that must remain with the real estate after lease end
   Show answer to question 3

   Answer: A. As a trade fixture removable before lease end if damage is repaired

   An item installed by a tenant to carry on a business is generally a trade fixture, even when it is attached to the real estate. The tenant must ordinarily remove it on time and repair damage caused by removal.

   Why the other options are wrong

   • BA license is permission to use land, not an attached business item that can be removed as a trade fixture.
   • CThe landlord's written consent is not generally required for timely removal if the tenant repairs resulting damage.
   • DThe trade-fixture doctrine permits timely removal despite physical annexation when the item serves the tenant's business.

4. Question 4 of 25Hard

   A parcel of land is encumbered by three recorded liens: a first mortgage of $200,000 recorded in 2018, a home equity loan of $40,000 recorded in 2020, and a judgment lien of $15,000 recorded in 2021. The property is sold at a foreclosure auction initiated by the 2020 home equity lender, yielding net proceeds of $50,000. How are the proceeds distributed, and what happens to the 2018 first mortgage?

   1. AA. The proceeds are distributed proportionally among all three lienholders according to debt size.
   2. BB. The 2020 lender receives $40,000, the remaining $10,000 goes to the borrower, and all other liens are wiped out.
   3. CC. The 2020 lender receives $40,000, the 2021 lien receives $10,000, and the property remains subject to the 2018 mortgage.
   4. DD. The entire $50,000 goes toward the 2018 first mortgage, and all junior liens are extinguished.
   Show answer to question 4

   Answer: C. The 2020 lender receives $40,000, the 2021 lien receives $10,000, and the property remains subject to the 2018 mortgage.

   A foreclosure sale by a junior lienholder does not disturb or wipe out senior liens; the successful bidder purchases the property subject to the senior 2018 mortgage. The auction proceeds are applied first to satisfy the foreclosing junior lien ($40,000), with the remaining surplus ($10,000) passing down to the next junior encumbrance, which is the 2021 judgment lien.

   Why the other options are wrong

   • AThis confuses lien priority with proportional sharing. The foreclosing lender is paid first from these proceeds, followed by the junior judgment lien, while the senior mortgage remains on the property.
   • BThe subtraction, $50,000 − $40,000 = $10,000, is correct, but the surplus goes to the judgment lienholder before the borrower. Junior foreclosure does not wipe out the senior mortgage.
   • DThis incorrectly assumes every foreclosure pays the oldest lien first. A junior lender's foreclosure leaves the senior mortgage intact rather than paying it from these proceeds.

5. Question 5 of 25Medium

   A surveyor describes a parcel from an iron pin: north 200 feet, east 150 feet, south 200 feet, then west 150 feet to the same iron pin. The buyer calculates 0.75 acre and says the description fails to close. Which conclusion is correct?

   1. AA. The description closes, and the parcel contains about 0.69 acre
   2. BB. The description fails to close, and the parcel contains about 6.89 acres
   3. CC. The description fails to close, and the parcel contains about 1.45 acres
   4. DD. The description closes, and the parcel contains exactly 0.75 acre
   Show answer to question 5

   Answer: A. The description closes, and the parcel contains about 0.69 acre

   The north and south calls are both 200 feet, and the east and west calls are both 150 feet, so the final call returns to the point of beginning. The rectangle contains 200 × 150 = 30,000 square feet. Dividing by 43,560 square feet per acre gives 0.688705 acre, which rounds to 0.69 acre.

   Why the other options are wrong

   • BThe description closes, and 6.89 acres results from dividing by 4,356 instead of 43,560 square feet per acre.
   • CThe opposing calls cancel, so the description closes; 1.45 acres results from inverting the acreage conversion.
   • DThe description closes, but 0.75 acre incorrectly treats 40,000 square feet as one acre.

6. Question 6 of 25Easy

   Luis plans to convert an attached garage into a separate dwelling unit. The work includes moving load-bearing walls, adding circuits, and changing plumbing. What should Luis do before starting construction?

   1. AA. Get approval from a listing service and rely on that permission
   2. BB. Obtain the required building permits and arrange code inspections
   3. CC. Start the work and request inspection after everything is complete
   4. DD. Treat the existing residential zoning as a substitute for permits
   Show answer to question 6

   Answer: B. Obtain the required building permits and arrange code inspections

   Building codes establish minimum safety and construction standards, and permits authorize covered work after plans are reviewed. Required inspections occur during or after specified stages; zoning approval does not replace a building permit.

   Why the other options are wrong

   • AA listing service markets property; it does not authorize construction or verify code compliance.
   • CCompleting work first can result in orders to expose, correct, or remove noncompliant work.
   • DZoning governs allowable use, not structural, electrical, or plumbing safety.

7. Question 7 of 25Medium

   Daniel owns a rectangular lot with unusually narrow street frontage. His proposed house would meet floor-area and height limits but would extend two feet into the required front setback. What approval should Daniel seek?

   1. AA. A use variance
   2. BB. A special use permit
   3. CC. An area variance
   4. DD. A zoning amendment
   Show answer to question 7

   Answer: C. An area variance

   A setback is a dimensional zoning requirement, so relief from it is sought through an area variance. A use variance concerns a prohibited use, a special use permit concerns a specifically regulated use, and a zoning amendment changes the governing ordinance or map.

   Why the other options are wrong

   • AA use variance addresses a use that the zoning ordinance does not permit, not a dimensional setback problem.
   • BThe proposed house is a permitted use, so the issue is its location rather than authorization for a specially regulated use.
   • DA zoning amendment changes the ordinance or zoning map and can affect one parcel or a larger area. An area variance is the appropriate request for relief from this lot's setback requirement.

8. Question 8 of 25Medium

   In a jurisdiction that follows the prior appropriation system, Rowan diverted river water for irrigation in 2001 and perfected the required claim. Casey, whose farm borders the river, first diverted water in 2010. Their established priority dates are 2001 for Rowan and 2010 for Casey. A drought leaves too little water for both. Whose right has priority?

   1. AA. Both rights equally, because every drought loss is shared
   2. BB. Casey's 2010 right, based on the more recent diversion
   3. CC. Casey's 2010 right, based on ownership of riverfront land
   4. DD. Rowan's 2001 right, based on its earlier priority date
   Show answer to question 8

   Answer: D. Rowan's 2001 right, based on its earlier priority date

   Prior appropriation follows the principle 'first in time, first in right.' Among established appropriative rights, the right with the earlier priority date is senior. Rowan's established 2001 right has priority over Casey's 2010 right, and riverfront ownership does not reverse that order. During a shortage, senior rights generally receive water before junior rights, subject to the senior entitlement and applicable legal limits. The legal steps that establish a priority date vary by jurisdiction, so it is not necessarily the date of first beneficial use.

   Why the other options are wrong

   • AShortages are allocated according to priority rather than automatically divided equally.
   • BCasey's established 2010 priority date makes that right junior to Rowan's established 2001 right. A more recent diversion does not confer seniority.
   • CRiverfront ownership is central to riparian rights, but it does not establish seniority under prior appropriation.

9. Question 9 of 25Easy

   A property is subject to a first mortgage recorded March 1, a second mortgage recorded May 1, and a judgment lien recorded July 1, all in the same year. No statutory priority or other exception changes their priority. Which lists these liens from highest to lowest priority?

   1. AA. First mortgage, second mortgage, then judgment lien
   2. BB. All three liens have equal priority
   3. CC. Second mortgage, first mortgage, then judgment lien
   4. DD. Judgment lien, first mortgage, then second mortgage
   Show answer to question 9

   Answer: A. First mortgage, second mortgage, then judgment lien

   Under the stated assumptions, these liens rank in recording order. The March mortgage has first priority, followed by the May mortgage and then the July judgment lien.

   Why the other options are wrong

   • BUnder the stated assumptions, these liens have different priorities based on their recording dates, not equal priority.
   • CThe second mortgage was recorded after the first mortgage and therefore follows it in priority.
   • DThe judgment lien was recorded last and, under the stated assumptions, has the lowest priority.

10. Question 10 of 25Medium

    A subdivision declaration says each lot may contain only one single-family residence and no detached structure may exceed 12 feet in height. Nina plans a 15-foot detached studio. What is the most accurate statement?

    1. AA. A building permit takes priority over the declaration's height limit
    2. BB. The height limit is a zoning restriction enforced by the local building department
    3. CC. The height limit affects the property's marketability but provides no basis for preventing construction
    4. DD. The restriction may be privately enforced even if the studio receives a building permit
    Show answer to question 10

    Answer: D. The restriction may be privately enforced even if the studio receives a building permit

    A valid covenant can create private land-use limits enforceable by an owners' association or other parties having enforcement rights. A building permit shows compliance with public code requirements, but it does not by itself nullify a private covenant.

    Why the other options are wrong

    • AA building permit does not give public approval priority over an otherwise enforceable private restriction.
    • BThe stated height limit comes from a private declaration, not a zoning ordinance. Parties with enforcement rights may enforce a valid restriction.
    • CAn enforceable private restriction can support legal action to prevent or remedy a violation; its effect is not limited to marketability.

11. Question 11 of 25Medium

    A buyer is comparing the N 1/2 of the SW 1/4 of Section 8 with a full section. How many acres are in the tract being compared?

    1. AA. 20 acres total
    2. BB. 40 acres total
    3. CC. 80 acres total
    4. DD. 160 acres total
    Show answer to question 11

    Answer: C. 80 acres total

    A full section in the rectangular survey system contains 640 acres. The SW 1/4 is 160 acres, and taking the N 1/2 of that tract leaves 80 acres.

    Why the other options are wrong

    • A20 acres results from 80 ÷ 4, an extra division not required by the legal description.
    • B40 acres results from dividing the 160 acres in the quarter section by four again instead of taking half.
    • D160 acres is the area of the SW 1/4 alone and omits taking its northern half.

12. Question 12 of 25Medium

    An owner grants a neighbor a written easement for ingress and egress on foot and in passenger vehicles over a private lane. The grant expressly limits use to personal, noncommercial access to the neighbor’s residence. The neighbor begins using the lane daily with six delivery vans for a commercial delivery business. What remedy best matches the easement rules?

    1. AA. The servient owner may seek an injunction against the commercial use while preserving access authorized by the grant
    2. BB. The dominant owner loses title to the lane because business traffic increased
    3. CC. The neighbor may expand the use because the easement runs with land
    4. DD. The easement is void because a business use exceeds its scope
    Show answer to question 12

    Answer: A. The servient owner may seek an injunction against the commercial use while preserving access authorized by the grant

    An easement holder may use the servient land only within the scope of the grant. Here, the commercial delivery traffic violates an express restriction. The servient owner may seek an injunction against that unauthorized use while preserving access authorized by the grant. Misuse does not automatically extinguish the easement or transfer title.

    Why the other options are wrong

    • BThe dominant owner holds a nonpossessory right to use the lane, not title to it. The servient owner retains title, and excessive use does not automatically extinguish the easement.
    • CRunning with the land allows the benefit to pass, but it does not authorize uses beyond the grant.
    • DOveruse may be stopped, but it does not automatically void the entire easement.

13. Question 13 of 25Medium

    After repeated flooding, a municipality bars permanent buildings in a mapped floodway. Luis may still use his land for parking and recreation, but an appraisal shows a 35 percent value loss. What is the strongest analysis?

    1. AA. It is a taking because the ordinance prevents the land's most profitable use.
    2. BB. It is police-power regulation; the value loss alone does not make it a taking.
    3. CC. It is police-power regulation only after the city pays the owner's full market value.
    4. DD. It is a taking because any measurable reduction in market value requires compensation.
    Show answer to question 13

    Answer: B. It is police-power regulation; the value loss alone does not make it a taking.

    The floodway ban is a land-use regulation under the police power to protect health and safety. A 35 percent loss is relevant to a regulatory-taking analysis, but diminished value alone does not establish a taking, especially when reasonable uses remain.

    Why the other options are wrong

    • ALoss of the most profitable use is not automatically a taking when other reasonable uses remain.
    • CPayment is not a prerequisite for a valid police-power regulation; compensation is required when government action constitutes a taking.
    • DA compensable taking does not arise from every measurable decline in property value.

14. Question 14 of 25Easy

    Mara sells her parcel to a buyer who lives in another city. The parcel itself remains in its original geographic location. What physical characteristic of land does this illustrate?

    1. AA. Immobility, because land cannot be moved to another site
    2. BB. Scarcity, because the supply of land is limited
    3. CC. Nonhomogeneity, because every parcel has unique physical features
    4. DD. Improvement, because human additions can affect land value
    Show answer to question 14

    Answer: A. Immobility, because land cannot be moved to another site

    The physical characteristic illustrated is immobility: land cannot be moved from one geographic location to another. A change in ownership does not change the land's location.

    Why the other options are wrong

    • BScarcity is an economic characteristic of land concerning limited supply, not a physical characteristic concerning fixed location.
    • CNonhomogeneity means that parcels are unique, not that their locations are fixed.
    • DImprovement is an economic characteristic of land concerning human additions that affect value, not a physical characteristic concerning fixed location.

15. Question 15 of 25Medium

    A deed calls for a boundary line to run 150 feet east to an identified oak tree. A new survey locates the same oak tree 146 feet east of the starting point, and no evidence suggests the tree was moved. What should control the boundary?

    1. AA. The total acreage stated in the deed.
    2. BB. The 150-foot distance stated in the deed.
    3. CC. The location of the identified oak tree.
    4. DD. The east direction stated in the deed.
    Show answer to question 15

    Answer: C. The location of the identified oak tree.

    In a metes and bounds description, an original natural monument generally controls over a conflicting distance, direction, or area call. Because the identified oak is found in place, its location controls and the boundary is 146 feet rather than 150 feet.

    Why the other options are wrong

    • AStated acreage is generally given less weight than monuments when the calls conflict.
    • BNumerical distances do not automatically supersede an original monument when the two calls conflict.
    • DA direction call does not outrank an identified original monument.

16. Question 16 of 25Medium

    A commercial property that is currently subject to a valid five-year tenant lease is entirely taken by the state government through condemnation. What is the legal effect of this total taking on the lease agreement?

    1. AA. The lease continues, and the state assumes the role of landlord for the remainder of the term.
    2. BB. The lease is terminated, but the tenant may be eligible to share in the award for the value of the leasehold.
    3. CC. The tenant remains liable to the original landlord for all remaining unpaid monthly rent payments.
    4. DD. The landlord must provide the tenant with comparable substitute space under the original terms.
    Show answer to question 16

    Answer: B. The lease is terminated, but the tenant may be eligible to share in the award for the value of the leasehold.

    When an entire leased property is acquired through condemnation, the tenant's leasehold estate is extinguished and the lease terminates, relieving the tenant of future rent obligations. However, the tenant may assert a claim against the condemnation award for the market value of their lost leasehold interest, whereas the taking does not transfer the landlord obligations to the state.

    Why the other options are wrong

    • AThis confuses condemnation with a sale subject to an existing lease. A total taking extinguishes the leasehold rather than making the state the tenant's landlord.
    • CThis incorrectly treats future rent obligations as surviving the lease's termination. A total taking terminates the lease and ends the tenant's obligation to pay rent for the remaining term.
    • DThis assumes condemnation creates a landlord duty to relocate the tenant. A total taking does not itself require the landlord to provide substitute space.

17. Question 17 of 25Easy

    When a closing checklist separates items that convey with the land from items the seller may remove, what characteristic generally makes an item personal property?

    1. AA. The item automatically includes rights in the air above and below the parcel
    2. BB. The item is movable and is not permanently affixed to the land
    3. CC. The item appears in the land's legal description and passes by deed
    4. DD. The item always has a lower value than the land and buildings involved
    Show answer to question 17

    Answer: B. The item is movable and is not permanently affixed to the land

    Personal property is generally movable and not permanently affixed to real estate. Attachment, adaptation, intent, and the parties' agreement are used to distinguish it from a fixture.

    Why the other options are wrong

    • AAir rights are part of the bundle of rights in real property, not a characteristic of movable personal property.
    • CA legal description identifies the real estate conveyed by deed. Movable personal property is generally transferred separately, often by a bill of sale.
    • DAn item's value does not determine whether it is real or personal property.

18. Question 18 of 25Medium

    In the U.S. rectangular (government) survey system, excesses or deficiencies encountered when subdividing a regular township are generally allocated to sections along which boundaries?

    1. AA. The south and east boundaries
    2. BB. The south and west boundaries
    3. CC. The north and east boundaries
    4. DD. The north and west boundaries
    Show answer to question 18

    Answer: D. The north and west boundaries

    In the standard subdivision of a regular township, survey work generally proceeds from the southeast toward the north and west. Excesses or deficiencies from meridian convergence and survey measurements are generally allocated to the northern and western tiers, preserving standard 640-acre sections elsewhere where possible. The northern tier contains Sections 1 through 6; the western tier contains Sections 6, 7, 18, 19, 30, and 31. This is the usual pattern, not an absolute rule: irregular surveys and water boundaries can produce fractional sections elsewhere.

    Why the other options are wrong

    • AThe south and east boundaries are not the standard pair of boundaries used to absorb excesses or deficiencies in regular township subdivision.
    • BThe west boundary is part of the standard adjustment pattern, but the other boundary is north, not south.
    • CThe north boundary is part of the standard adjustment pattern, but the other boundary is west, not east.

19. Question 19 of 25Medium

    A metes-and-bounds description starts at an iron pin. It calls for N 89°00' E 210.00 ft, then S 1°00' W 140.00 ft, then S 89°00' W 210.00 ft. What final call is required for the description to close at the point of beginning?

    1. AA. N 89°00' E 140.00 ft to the point of beginning
    2. BB. S 1°00' E 210.00 ft to the point of beginning
    3. CC. N 1°00' E 140.00 ft to the point of beginning
    4. DD. N 1°00' W 210.00 ft to the point of beginning
    Show answer to question 19

    Answer: C. N 1°00' E 140.00 ft to the point of beginning

    A valid metes-and-bounds description must close by returning to the point of beginning. The first and third calls balance each other at 210.00 feet, so the last call must exactly reverse S 1°00' W for 140.00 feet. Its reverse bearing is N 1°00' E.

    Why the other options are wrong

    • AThe 140.00-foot distance is correct, but the bearing must be N 1°00' E, not N 89°00' E.
    • BThis call continues southward and uses 210.00 feet rather than reversing the 140.00-foot call.
    • DThis call uses 210.00 feet instead of 140.00 feet and N 1°00' W instead of the required N 1°00' E.

20. Question 20 of 25Medium

    An auto repair shop lawfully operated for 15 years in an area newly zoned for single-family residential use only. The ordinance allows the existing shop to continue but does not address enlargement. The owner now proposes doubling the building and adding an industrial paint operation. What is the most likely zoning result?

    1. AA. The proposed additions are protected as a continuation of the shop's lawful nonconforming use.
    2. BB. The existing use may continue, but the expansion and new industrial use need zoning approval
    3. CC. The existing nonconforming status authorizes doubling the building, but the industrial paint operation requires zoning approval.
    4. DD. The proposed project needs a building permit rather than zoning approval because the business predates the ordinance.
    Show answer to question 20

    Answer: B. The existing use may continue, but the expansion and new industrial use need zoning approval

    A use that lawfully existed when a zoning ordinance took effect is generally a lawful nonconforming use and may ordinarily continue. That status is normally protected only for the existing use and does not automatically authorize substantial enlargement or a change to a different, more intensive use. The proposed work therefore requires the zoning approvals applicable to the expansion and new use.

    Why the other options are wrong

    • AProtection for the existing lawful use does not automatically extend to doubling the building and adding a different industrial operation.
    • CLawful nonconforming status does not itself authorize doubling the building. Both the substantial enlargement and the new industrial operation require zoning review.
    • DA building permit does not substitute for required zoning approval. The business's lawful nonconforming status does not automatically authorize the proposed project.

21. Question 21 of 25Easy

    A surveyor is describing a condominium unit on the twentieth floor of a high-rise tower using specified elevations for its upper and lower boundaries. Which reference is used to measure those elevations?

    1. AA. A principal meridian
    2. BB. A datum
    3. CC. A township tier
    4. DD. A range line
    Show answer to question 21

    Answer: B. A datum

    A vertical datum is an established reference surface or level from which elevations and depths are measured. It provides the elevation reference for the unit's upper and lower boundaries in this question. Principal meridians, township tiers, and range lines concern horizontal land location in the rectangular survey system, not elevation.

    Why the other options are wrong

    • AA principal meridian is a north-south reference line in the rectangular survey system, not a reference for measuring elevations.
    • CA township tier is an east-west row of townships in the rectangular survey system, not a reference for measuring elevations.
    • DA range line is a north-south line marking range boundaries in the rectangular survey system, not a reference for measuring elevations.

22. Question 22 of 25Medium

    A deed conveys the northwest quarter of the northwest quarter of Section 8, except a specifically described 2-acre tract in the northeast corner of that parcel. Assume the section and excepted tract are fully identified elsewhere in the deed. Which sequence correctly interprets the aliquot calls and exception?

    1. AA. Locate Section 8, take its northwest quarter, then that parcel's northwest quarter, and finally exclude the corner tract
    2. BB. Locate Section 8, take its northwest quarter, then that parcel's northeast quarter, and finally exclude the corner tract
    3. CC. Locate Section 8, exclude the corner tract from the whole section, and then divide the remaining area into quarters twice
    4. DD. Locate Section 8, take its northwest quarter, exclude the corner tract, and then take the remainder's northwest quarter
    Show answer to question 22

    Answer: A. Locate Section 8, take its northwest quarter, then that parcel's northwest quarter, and finally exclude the corner tract

    Interpret the aliquot calls from the larger unit to the smaller unit: first locate Section 8, then its northwest quarter, and then that quarter's northwest quarter. Finally, exclude the specifically described 2-acre tract from that parcel. The exception does not change the order of the aliquot calls.

    Why the other options are wrong

    • BBoth aliquot calls specify northwest quarters. The northeast corner identifies the location of the exception, not a different quarter to select.
    • CThe exception applies to the parcel established by both aliquot calls, not to the whole section before subdivision.
    • DBoth aliquot subdivisions must be completed before applying the exception. Taking a quarter of the remainder would not follow the deed's aliquot calls.

23. Question 23 of 25Medium

    Before closing, a dispute arises over a custom-cut storm window and a wall-mounted air conditioner. The window was fitted to the opening, and the air conditioner was installed in a matching opening and wired into the home's electrical system. The contract is silent about both items. Which conclusion best applies the fixture tests?

    1. AA. Both are fixtures because annexation and adaptation show permanent attachment
    2. BB. Only the air conditioner is a fixture because electrical integration establishes fixture status, whereas custom fitting does not support fixture status
    3. CC. Neither is a fixture unless removing it would substantially damage the home
    4. DD. Only the window is a fixture because adaptation applies to building components, not to appliances
    Show answer to question 23

    Answer: A. Both are fixtures because annexation and adaptation show permanent attachment

    The main tests are method of annexation, adaptation to the property, and objective intent shown by the circumstances. Both items were custom-fitted or integrated into the home, indicating permanence, so they are ordinarily fixtures. A private, unstated intent to remove them does not outweigh those objective facts when the contract is silent.

    Why the other options are wrong

    • BElectrical integration supports treating the air conditioner as a fixture, but the storm window's custom fitting also supports fixture status through adaptation to the home.
    • CSubstantial damage upon removal is not required. Adaptation and objective evidence of intent that an item remain with the property can support fixture status.
    • DAdaptation applies to appliances as well as building components. The air conditioner's fitted opening and electrical integration support treating it as a fixture.

24. Question 24 of 25Easy

    A residential land developer designs a master-planned neighborhood and submits a final subdivision plat that includes carved-out parcels designated for public paved streets, storm drainage easements, and a neighborhood park. When the local government formally accepts these public improvements, the developer transfers them to the municipality through:

    1. AA. Condemnation
    2. BB. Escheat
    3. CC. Dedication
    4. DD. Adverse possession
    Show answer to question 24

    Answer: C. Dedication

    Dedication is the voluntary transfer of private land or improvements by a developer to the public for public use, such as roads, parks, or utility infrastructure. Condemnation is the involuntary taking of private property by the government under eminent domain. Escheat occurs when property reverts to the state because an owner dies intestate without identifiable heirs.

    Why the other options are wrong

    • AConfuses voluntary dedication with condemnation, an involuntary taking of private property through eminent domain. The developer is offering land and improvements for public use, not having them taken by the government.
    • BConfuses dedication with escheat, which transfers property to the state when an owner dies without a valid will or legal heirs. This developer is voluntarily providing property for public use.
    • DConfuses dedication with adverse possession, which involves acquiring title through possession meeting legal requirements for a statutory period. Government acceptance of the developer's public improvements does not involve such possession.

25. Question 25 of 25Easy

    Maple County acquires a 15-foot strip of Leon's parcel for a public road and pays him just compensation. The county also requires new roofs in a wildfire-prone area to use fire-resistant materials under its general safety rules. How should the two county actions be classified?

    1. AA. The road acquisition is police power, while the roof rule is eminent domain.
    2. BB. The road is eminent domain, and the roof rule is police power.
    3. CC. Both actions are exercises of eminent domain.
    4. DD. Both actions are exercises of police power.
    Show answer to question 25

    Answer: B. The road is eminent domain, and the roof rule is police power.

    Eminent domain allows government to take private property for public use upon payment of just compensation, as with the road strip. Police power allows regulations such as fire-resistant roofing to protect public health and safety without transferring title to the government.

    Why the other options are wrong

    • AThis choice reverses the two classifications.
    • CThe roofing requirement regulates safety and does not acquire title to Leon's property.
    • DThe road acquisition is a taking for public use, so it is not merely a police power regulation.

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