Free Nebraska Real Estate Practice Exam Online

Correct answer: B. A fixture

Correct. An item of personal property that has been permanently attached to real property, such as a built-in appliance bolted into cabinetry, becomes a fixture and transfers with the real estate.

• A: Trade fixtures are items installed by a commercial tenant for business use and removable at lease end; this is a homeowner's built-in appliance, not a business trade fixture.
• C: Once bolted in as part of the cabinetry, the item has been annexed to the realty and is no longer treated as personal property (chattel) for conveyance purposes.
• D: Emblements are annual cultivated crops, not household appliances.

Correct answer: B. The MARIA test (method, adaptability, relationship, intent, agreement)

Correct. Courts weigh multiple factors, commonly summarized as method of attachment, adaptability to the property's use, relationship of the parties, intent of the annexor, and any agreement between the parties.

• A: Method of attachment is only one factor among several; using it alone ignores intent and adaptability, which courts also weigh.
• C: Price paid for an item has no bearing on whether it legally became a fixture.
• D: The timing of the mortgage relative to purchase does not determine fixture status.

Correct answer: B. Non-homogeneity

Correct. Non-homogeneity, also called uniqueness, means every parcel of land differs from every other parcel in location if nothing else.

• A: Scarcity refers to the limited supply of land, not the uniqueness of each parcel.
• C: Immobility is a physical characteristic describing that land cannot be moved, not that parcels differ from one another.
• D: Indestructibility describes land's physical permanence, not its uniqueness.

Correct answer: B. A point of beginning that returns to itself

Correct. A metes and bounds description starts at a point of beginning, traces the boundary using distances and directions, and must close by returning to that same point of beginning.

• A: A section corner may be referenced as a point of reference but is not itself required to be the point of beginning.
• C: Township corners are used in the rectangular government survey system, not metes and bounds.
• D: A benchmark is an elevation reference point, not the starting point of a metes and bounds description.

Correct answer: C. A zoning ordinance

Correct. Zoning is a governmental police power exercised by a municipality to regulate land use, such as limiting an area to single-family residential development.

• A: Restrictive covenants are private agreements created by property owners or developers, not government ordinances.
• B: An easement grants a right of use over another's land; it does not restrict permitted building use.
• D: Deed restrictions are private limitations placed in a deed by a grantor, not a public ordinance.