Real Estate Property Ownership & Rights 2 — Questions and Answers
Question 1: Adverse possession requires continuous, open, hostile possession for a statutory period in order to:
- Obtain a mortgage
- Acquire title to another's land (Correct answer)
- Create an easement by necessity
- Record a deed
Correct answer: Acquire title to another's land
Adverse possession allows a party to claim legal title after meeting statutory requirements of open, notorious, hostile, and continuous use.
Question 2: Which type of deed offers the highest level of protection to a buyer?
- Quitclaim deed
- Bargain and sale deed
- General warranty deed (Correct answer)
- Special warranty deed
Correct answer: General warranty deed
A general warranty deed provides the most protection by guaranteeing the title against all defects, even those arising before the grantor owned the property.
Question 3: Eminent domain allows the government to:
- Tax property owners annually
- Take private property for public use with just compensation (Correct answer)
- Zone land for residential use only
- Enforce deed restrictions
Correct answer: Take private property for public use with just compensation
Eminent domain is the government's constitutional authority to acquire private property for public use, provided just compensation is paid.
Question 4: Police power in real estate refers to the government's right to:
- Arrest trespassers
- Regulate land use through zoning and building codes (Correct answer)
- Tax property transfers
- Manage foreclosure proceedings
Correct answer: Regulate land use through zoning and building codes
Police power is the state's authority to enact laws promoting public health, safety, and welfare, including zoning, building codes, and environmental regulations.
Question 5: In a joint tenancy, when one co-owner dies, their share:
- Passes to their heirs via will
- Is sold to the remaining owners
- Automatically transfers to the surviving co-owners (Correct answer)
- Reverts to the state
Correct answer: Automatically transfers to the surviving co-owners
The right of survivorship in joint tenancy means the deceased owner's interest passes automatically to the surviving joint tenants, bypassing probate.
Question 6: What distinguishes real property from personal property?
- Real property can be moved; personal property cannot
- Personal property is permanently attached to land; real property is not
- Real property includes land and permanently attached improvements (Correct answer)
- Personal property includes buildings and fixtures
Correct answer: Real property includes land and permanently attached improvements
Real property consists of land and anything permanently attached to it, while personal property (personalty) is movable and not attached to land.
Real Estate Property Ownership & Rights 2
Adverse possession requires continuous, open, hostile possession for a statutory period in order to: