What this section covers: Real vs. personal property, fixtures, emblements, Economic and physical characteristics, Legal descriptions and surveys, Public and private land use controls, easements, encroachments.
5 free practice questions
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Question 1Which document is normally used to transfer personal property, such as furniture, included in a home sale?
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Answer: C — A bill of sale.
A bill of sale transfers ownership of personal property. Deeds transfer real property; a deed of trust secures a loan; a certificate of occupancy is issued by the local building department to confirm a building may be occupied.
Checked against: National outline I.A.2 Attachment, severance, and bill of sale
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Question 2Buyers pay more for a house near a highly rated school than for an identical house across town. Which economic characteristic of real property does this show?
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Answer: D — Area preference (situs).
Area preference, or situs, is people's preference for a particular location, and it is often the biggest single influence on value. Immobility and indestructibility are physical characteristics.
Checked against: National outline I.B.1.d Area preference / situs
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Question 3Under the rectangular (government) survey system, how many acres are in a standard section?
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Answer: D — 640 acres.
A section is one square mile, which is 640 acres. A township is 6 miles by 6 miles and contains 36 sections; a quarter section is 160 acres.
Checked against: National outline I.C.1 Methods used to describe real property
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Question 4A city takes part of a private lot to widen a road and pays the owner fair compensation. Which government power did it use?
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Answer: A — Eminent domain.
Eminent domain is the power to take private property for public use with just compensation; the legal process is condemnation. Police power regulates use (zoning, codes) without taking title; escheat passes property to the state when an owner dies without a will or heirs.
Checked against: National outline I.D.1.a Police power, eminent domain, taxation, escheat
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Question 5A neighbor lets a friend fish in her pond and can withdraw that permission at any time. The friend has:
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Answer: B — A license.
A license is a personal, revocable permission to use land for a specific purpose. It creates no interest in the land, unlike an easement, and it ends when revoked or when either party dies or the land is sold.
Checked against: National outline I.D.2.c Licenses and encroachments
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