Real Estate Sales Exam Land Use, Zoning, and Environmental Issues 2 — Questions and Answers
Question 1: A property owner's lot is smaller than the minimum required by current zoning, making it impossible to meet all yard setback requirements. They should apply for a:
- Special use permit
- Nonconforming use certificate
- Variance (Correct answer)
- Rezoning
Correct answer: Variance
A variance grants relief from specific zoning requirements when strict compliance would cause undue hardship due to unique physical characteristics of the property.
Question 2: A deed restriction that runs with the land and legally binds all future owners of the property is called a:
- License
- Easement in gross
- Restrictive covenant (Correct answer)
- Lien
Correct answer: Restrictive covenant
A restrictive covenant (deed restriction) is a limitation written into a deed that binds all future owners and transfers with the property.
Question 3: The right of a utility company to run power lines across someone's private property, where no adjacent land is benefited, is an example of:
- An easement appurtenant
- An easement in gross (Correct answer)
- A license
- A profit
Correct answer: An easement in gross
An easement in gross benefits a specific person or entity (like a utility company) rather than an adjacent parcel of land, so there is no dominant estate.
Question 4: Which action occurs when a local government changes a property's zoning from multi-family residential to single-family residential?
- Upzoning
- Spot zoning
- Downzoning (Correct answer)
- Variance
Correct answer: Downzoning
Downzoning reduces the permitted density or intensity of use, such as changing zoning from multi-family to single-family residential.
Question 5: Which type of easement runs with the land, benefits an adjacent parcel (the dominant estate), and burdens another parcel (the servient estate)?
- Easement in gross
- Easement appurtenant (Correct answer)
- Prescriptive easement
- Easement by necessity
Correct answer: Easement appurtenant
An easement appurtenant is attached to the land itself, benefits the dominant estate, and burdens the servient estate — both sides transfer with the land.
Question 6: A comprehensive long-range policy document that guides a community's overall physical development including land use, transportation, and housing is called a:
- Zoning ordinance
- Building code
- Master plan (Correct answer)
- Subdivision regulation
Correct answer: Master plan
A master plan (also called a general plan or comprehensive plan) is the overarching policy document guiding a community's long-term physical development goals.
Question 7: An owner has used an unrecorded path across a neighbor's land openly, continuously, and without permission for the statutory period. They may acquire a:
- License
- Easement in gross
- Prescriptive easement (Correct answer)
- Easement by implication
Correct answer: Prescriptive easement
A prescriptive easement is acquired by using another's land openly, notoriously, continuously, and without permission for the legally required period.
Real Estate Sales Exam Land Use, Zoning, and Environmental Issues 2
A property owner's lot is smaller than the minimum required by current zoning, making it impossible to meet all yard setback requirements.
They should apply for a: