35. Recorded title to a parcel of real property was vested in Mary Wilson, a single woman. After her marriage to John Roberts, she executed a deed to the property only in the name of Mary Roberts, a married woman. The discrepancy in the grantor's name is:

A. Immaterial so long as the property is adequately described;

B. A defect which may cause a cloud on the title;

C. Cured after the deed is on freehold for one year;

D. A defect which could cause separate property of both spouses to become joint tenancy property.

35. Recorded title to a parcel of real property was vested in Mary Wilson, a single woman. After her marriage to John Roberts, she executed a deed to the property only in the name of Mary Roberts, a married woman. The discrepancy in the grantor's name is:

A. Immaterial so long as the property is adequately described;

B. A defect which may cause a cloud on the title;

C. Cured after the deed is on freehold for one year;

D. A defect which could cause separate property of both spouses to become joint tenancy property.

Cloud on title – Single woman, married

841. What is the meaning of a quiet title action:

A. Purchasing property through a dummy transaction;

B. An action to quiet a noisy tenant;

C. Foreclosure action;

D. Court action to remove a cloud on the title.

841. What is the meaning of a quiet title action:

A. Purchasing property through a dummy transaction;

B. An action to quiet a noisy tenant;

C. Foreclosure action;

D. Court action to remove a cloud on the title.

Quiet title action – Remove a cloud

31. To alienate title to property, one:

A. Encumbers the title;

B. Clouds the title;

C. Records a homestead;

D. Conveys title.

31. To alienate title to property, one:

A. Encumbers the title;

B. Clouds the title;

C. Records a homestead;

D. Conveys title.

Alienation – Convey

866. In real property law, alienation has a meaning which is most opposite to:

A. Abrogation;

B. Acquisition;

C. Avulsion;

D. Amortization.

866. In real property law, alienation has a meaning which is most opposite to:

A. Abrogation;

B. Acquisition;

C. Avulsion;

D. Amortization.

Alienation – Opposite of acquisition

33. When a governmental body takes private real property for necessary public use, certain legal processes must be followed. Such a taking is an exercise of the right of:

A. Police power;

B. Escheat;

C. Eminent domain;

D. None of the above.

33. When a governmental body takes private real property for necessary public use, certain legal processes must be followed. Such a taking is an exercise of the right of:

A. Police power;

B. Escheat;

C. Eminent domain;

D. None of the above.

Eminent domain – For public use, taken by the government

592. Which of the following rights of ownership in real property do individuals normally not have:

A. Severance rights;

B. Eminent domain rights;

C. Riparian rights;

D. Reliction rights.

592. Which of the following rights of ownership in real property do individuals normally not have:

A. Severance rights;

B. Eminent domain rights;

C. Riparian rights;

D. Reliction rights.

Eminent domain – Individuals do not have

839. The two requirements which governmental units must observe in the exercise of the power of eminent domain are:

A. The proposed use must be both practical and public;

B. The inconvenience to the owner must not be greater than the benefit to the public, and the government must justify the taking;

C. The proposed use must be practical, and just compensation must be paid to the owner;

D. The proposed use must be public, and just compensation must be paid to the owner.

839. The two requirements which governmental units must observe in the exercise of the power of eminent domain are:

A. The proposed use must be both practical and public;

B. The inconvenience to the owner must not be greater than the benefit to the public, and the government must justify the taking;

C. The proposed use must be practical, and just compensation must be paid to the owner;

D. The proposed use must be public, and just compensation must be paid to the owner.

Eminent domain – owner must be paid just compensation

87. Zoning laws are considered legal because of:

A. The action of local planning boards;

B. The police power of governments;

C. The ease of enforcement;

D. The fact that they are not affected by intrastate commerce.

87. Zoning laws are considered legal because of:

A. The action of local planning boards;

B. The police power of governments;

C. The ease of enforcement;

D. The fact that they are not affected by intrastate commerce.

Police power – Zoning

591. Title to real property can be acquired by an individual by all of the following methods, except:

A. Patent;

B. Prescription;

C. Succession;

D. Escheat.

591. Title to real property can be acquired by an individual by all of the following methods, except:

A. Patent;

B. Prescription;

C. Succession;

D. Escheat.

Escheat – Individual cannot use

34. Accretion would result in the acquisition of title to real land by which of the following:

A. An adverse possessor;B. An owner who acquired land by natural

causes;C. The county government following a

condemnation action;D. None of the above.

34. Accretion would result in the acquisition of title to real land by which of the following:

A. An adverse possessor;B. An owner who acquired land by natural

causes;C. The county government following a

condemnation action;D. None of the above.

Accretion – Natural Causes

871. When a dam broke, the flow of water cut away a strip of land from the riverbank. This would be known as:A. Accretion;

B. Alluvion;

C. Reversion;

D. Avulsion.

871. When a dam broke, the flow of water cut away a strip of land from the riverbank. This would be known as:A. Accretion;

B. Alluvion;

C. Reversion;

D. Avulsion.

Avulsion – Dam breaks

32. In the sale of real property which is a part of the estate of a deceased person, which of the following would normally determine the amount of commission to be paid to the broker:

A. The administrator or executor of the estate;

B. The California Real Estate Commission;

C. Court order;

D. The board of directors of the local multiple listing service.

32. In the sale of real property which is a part of the estate of a deceased person, which of the following would normally determine the amount of commission to be paid to the broker:

A. The administrator or executor of the estate;

B. The California Real Estate Commission;

C. Court order;

D. The board of directors of the local multiple listing service.

Probate Sale – Commission – Set by court

832. “Intestate succession” occurs when:A. The deceased leaves only a holographic

will;B. Not all heirs are named in a formal will;C. There is no will; D. Any of the above situations will result in

intestate succession.

832. “Intestate succession” occurs when:A. The deceased leaves only a holographic

will;B. Not all heirs are named in a formal will;C. There is no will; D. Any of the above situations will result in

intestate succession.

Intestate succession – No will

842. The main purpose of a deed is to:

A. Provide evidence of the terms of a real property transaction;

B. Evidence the change in title or transfer of an interest in real property;

C. Identify the parties involved in a real property transfer;

D. Provide a written instrument that can be recorded.

842. The main purpose of a deed is to:

A. Provide evidence of the terms of a real property transaction;

B. Evidence the change in title or transfer of an interest in real property;

C. Identify the parties involved in a real property transfer;

D. Provide a written instrument that can be recorded.

Deeds – Purpose – Transfer interest

520. A grant deed is deemed by law to be executed at the time it is:

A. Signed by the grantor;

B. Delivered to the grantee;

C. Recorded;

D. Delivered to escrow.

520. A grant deed is deemed by law to be executed at the time it is:

A. Signed by the grantor;

B. Delivered to the grantee;

C. Recorded;

D. Delivered to escrow.

Grant deed – Executed when signed

537. A deed:

A. When recorded, gives actual notice of its contents;

B. If recorded, will not give the grantee the usual protection of the recording laws if it is a quitclaim deed;

C. Can only be recorded in one county;

D. Does not have to be recorded to transfer title.

537. A deed:

A. When recorded, gives actual notice of its contents;

B. If recorded, will not give the grantee the usual protection of the recording laws if it is a quitclaim deed;

C. Can only be recorded in one county;

D. Does not have to be recorded to transfer title.

(Grant) Deed – Not necessary to be recorded

52. A quitclaim deed to a parcel of real property conveys only the present interest, right and title of the:A. Property owner;

B. Occupant;

C. Grantee;

D. Grantor.

52. A quitclaim deed to a parcel of real property conveys only the present interest, right and title of the:A. Property owner;

B. Occupant;

C. Grantee;

D. Grantor.

Quitclaim deed – Conveys rights of grantor

665. Which of the following deeds would least likely contain implied covenants by the grantor:

A. Grant deed;

B. Warranty deed;

C. Quitclaim deed;

D. Gift deed.

665. Which of the following deeds would least likely contain implied covenants by the grantor:

A. Grant deed;

B. Warranty deed;

C. Quitclaim deed;

D. Gift deed.

Quitclaim deed – No covenants

41. A valid deed must contain:

A. An acknowledgment;

B. A recital of consideration;

C. The grantee's signature;

D. A granting clause.

41. A valid deed must contain:

A. An acknowledgment;

B. A recital of consideration;

C. The grantee's signature;

D. A granting clause.

Deed essentials – Granting clause

800. Which of the following would cause a grant deed to be invalid at its inception:

A. Legal incompetence of the grantor;

B. Failing to insert the clause “to his heirs and assigns” following the name of the grantee;

C. It was signed and dated on a legal holiday;

D. None of the above.

800. Which of the following would cause a grant deed to be invalid at its inception:

A. Legal incompetence of the grantor;

B. Failing to insert the clause “to his heirs and assigns” following the name of the grantee;

C. It was signed and dated on a legal holiday;

D. None of the above.

Deed essentials – Legal competence of grantor

42. Which of the following is not essential to a valid deed:

A. Parties which are competent to convey and capable of receiving the property;

B. A granting clause;

C. It must be in writing;

D. It must be acknowledged.

42. Which of the following is not essential to a valid deed:

A. Parties which are competent to convey and capable of receiving the property;

B. A granting clause;

C. It must be in writing;

D. It must be acknowledged.

Deed essentials – Not acknowledged

874. In order for a grant deed to be effective in transferring title to property, it must:

A. Include a documentary transfer tax statement equal to $.55 per $500 of value;

B. Be recorded by the county recorder;

C. Be notarized;

D. Be delivered and accepted.

874. In order for a grant deed to be effective in transferring title to property, it must:

A. Include a documentary transfer tax statement equal to $.55 per $500 of value;

B. Be recorded by the county recorder;

C. Be notarized;

D. Be delivered and accepted.

Deed essentials – Delivered and accepted

50. Adams sold his house to Brooks, who did not record the deed, but took up residency there. Adams then sold the same property to Carr, who reviewed the county recorder's records, but did not examine the property. Adams gave Carr a deed, which Carr recorded. Which of the following would be true concerning title to the property:

A. Carr and Brooks are co-owners of the property;

B. Carr now owns the property, because he recorded his deed first;

C. Carr has recourse against Brooks for failure to record;

D. Brooks maintains title.

50. Adams sold his house to Brooks, who did not record the deed, but took up residency there. Adams then sold the same property to Carr, who reviewed the county recorder's records, but did not examine the property. Adams gave Carr a deed, which Carr recorded. Which of the following would be true concerning title to the property:

A. Carr and Brooks are co-owners of the property;

B. Carr now owns the property, because he recorded his deed first;

C. Carr has recourse against Brooks for failure to record;

D. Brooks maintains title.

First to possess or record gets property

663. The recording of an instrument gives:

A. Actual notice;

B. Constructive notice;

C. Positive notice;

D. Passive notice.

663. The recording of an instrument gives:

A. Actual notice;

B. Constructive notice;

C. Positive notice;

D. Passive notice.

Constructive notice – given by recording

49. When a judgment is duly recorded, subsequent buyers and innocent purchasers who are ignorant of the recording have received:

A. Actual notice;

B. Constructive notice;

C. Voidable notice;

D. Contingent notice.

49. When a judgment is duly recorded, subsequent buyers and innocent purchasers who are ignorant of the recording have received:

A. Actual notice;

B. Constructive notice;

C. Voidable notice;

D. Contingent notice.

Constructive notice – given by recording

593. An acknowledgment may be taken by a notary public who is:

A. The grantee in a deed which is being acknowledged;

B. The mortgagee in a mortgage being acknowledged;

C. An employee of a corporation who has executed an instrument being acknowledged, if he is not personally interested;

D. The grantor in a deed being acknowledged.

593. An acknowledgment may be taken by a notary public who is:

A. The grantee in a deed which is being acknowledged;

B. The mortgagee in a mortgage being acknowledged;

C. An employee of a corporation who has executed an instrument being acknowledged, if he is not personally interested;

D. The grantor in a deed being acknowledged.

Acknowledgment – Employee without interest

End of session