A buyer asks the broker about “fee simple compared with a life estate.” Which explanation should the broker give?
A. Tenancy in common can allow unequal shares and no automatic survivorship
B. Environmental conditions can affect permitted use, value, liability, and disclosures
C. Fee simple is generally broader and not measured by a person's lifetime
D. They can limit property use through private covenants that may run with the land
Show answer and reasoning
Correct answer: C. Fee simple is generally broader and not measured by a person's lifetime
- A: This is the rule for co-ownership with unequal shares: Tenancy in common can allow unequal shares and no automatic survivorship. The target concept is different: Fee simple is generally broader and not measured by a person's lifetime.
- B: This is the rule for environmental use restriction: Environmental conditions can affect permitted use, value, liability, and disclosures. The target concept is different: Fee simple is generally broader and not measured by a person's lifetime.
- D: This is the rule for private deed restrictions: They can limit property use through private covenants that may run with the land. The target concept is different: Fee simple is generally broader and not measured by a person's lifetime.
Source: Real Estate Principles and Practices, national edition — Chapters 2-7, real property, estates/ownership, encumbrances, government powers, and legal descriptions; pp. 26-122; https://s3.amazonaws.com/vc5-course-documents/courses/2468/REX_NAT-PAP.content.pdf
During title and land-use review, the file raises an issue involving “co-ownership with unequal shares.” Which conclusion is most defensible?
A. Fee simple is generally broader and not measured by a person's lifetime
B. They can limit property use through private covenants that may run with the land
C. Environmental conditions can affect permitted use, value, liability, and disclosures
D. Tenancy in common can allow unequal shares and no automatic survivorship
Show answer and reasoning
Correct answer: D. Tenancy in common can allow unequal shares and no automatic survivorship
- A: This is the rule for fee simple compared with a life estate: Fee simple is generally broader and not measured by a person's lifetime. The target concept is different: Tenancy in common can allow unequal shares and no automatic survivorship.
- B: This is the rule for private deed restrictions: They can limit property use through private covenants that may run with the land. The target concept is different: Tenancy in common can allow unequal shares and no automatic survivorship.
- C: This is the rule for environmental use restriction: Environmental conditions can affect permitted use, value, liability, and disclosures. The target concept is different: Tenancy in common can allow unequal shares and no automatic survivorship.
Source: Real Estate Principles and Practices, national edition — Chapters 2-7, real property, estates/ownership, encumbrances, government powers, and legal descriptions; pp. 26-122; https://s3.amazonaws.com/vc5-course-documents/courses/2468/REX_NAT-PAP.content.pdf
A broker is reviewing the property-law topic “private deed restrictions.” Which statement is legally most accurate?
A. It is a use that lawfully existed before a zoning change but no longer conforms
B. Tenancy in common can allow unequal shares and no automatic survivorship
C. It benefits a parcel and usually transfers with that parcel
D. They can limit property use through private covenants that may run with the land
Show answer and reasoning
Correct answer: D. They can limit property use through private covenants that may run with the land
- A: This is the rule for zoning nonconforming use: It is a use that lawfully existed before a zoning change but no longer conforms. The target concept is different: They can limit property use through private covenants that may run with the land.
- B: This is the rule for co-ownership with unequal shares: Tenancy in common can allow unequal shares and no automatic survivorship. The target concept is different: They can limit property use through private covenants that may run with the land.
- C: This is the rule for easement appurtenant: It benefits a parcel and usually transfers with that parcel. The target concept is different: They can limit property use through private covenants that may run with the land.
Source: Cornell LII Wex — 'restrictive covenant,' real-property discussion; https://www.law.cornell.edu/wex/restrictive_covenant
A buyer asks the broker about “zoning nonconforming use.” Which explanation should the broker give?
A. They can limit property use through private covenants that may run with the land
B. It benefits a parcel and usually transfers with that parcel
C. It is a use that lawfully existed before a zoning change but no longer conforms
D. Tenancy in common can allow unequal shares and no automatic survivorship
Show answer and reasoning
Correct answer: C. It is a use that lawfully existed before a zoning change but no longer conforms
- A: This is the rule for private deed restrictions: They can limit property use through private covenants that may run with the land. The target concept is different: It is a use that lawfully existed before a zoning change but no longer conforms.
- B: This is the rule for easement appurtenant: It benefits a parcel and usually transfers with that parcel. The target concept is different: It is a use that lawfully existed before a zoning change but no longer conforms.
- D: This is the rule for co-ownership with unequal shares: Tenancy in common can allow unequal shares and no automatic survivorship. The target concept is different: It is a use that lawfully existed before a zoning change but no longer conforms.
Source: Cornell LII Wex — 'nonconforming use,' definition; https://www.law.cornell.edu/wex/nonconforming_use
During title and land-use review, the file raises an issue involving “easement appurtenant.” Which conclusion is most defensible?
A. It secures payment for labor or materials improving real property
B. It is a use that lawfully existed before a zoning change but no longer conforms
C. It identifies the exact parcel rather than relying only on informal address language
D. It benefits a parcel and usually transfers with that parcel
Show answer and reasoning
Correct answer: D. It benefits a parcel and usually transfers with that parcel
- A: This is the rule for mechanic's lien concept: It secures payment for labor or materials improving real property. The target concept is different: It benefits a parcel and usually transfers with that parcel.
- B: This is the rule for zoning nonconforming use: It is a use that lawfully existed before a zoning change but no longer conforms. The target concept is different: It benefits a parcel and usually transfers with that parcel.
- C: This is the rule for legal description precision: It identifies the exact parcel rather than relying only on informal address language. The target concept is different: It benefits a parcel and usually transfers with that parcel.
Source: Cornell LII Wex — 'easement,' paragraphs defining appurtenant easements and transfer with the dominant tenement; https://www.law.cornell.edu/wex/easement
