Chapter 2 (Property Ownership)

 

Results

#1. Under California law, which of the following is classified as real property?

#2. The MARIA test is used in California courts to determine:

#3. In the MARIA fixture test, which factor is given the MOST weight by California courts when all other factors are ambiguous?

#4. A homeowner installs custom window treatments precisely fitted to non-standard window dimensions. Under the MARIA test, which factor MOST strongly supports fixture classification?

#5. A commercial tenant installs a walk-in refrigerator requiring electrical and plumbing connections for a restaurant business. At lease end, the tenant wants to remove it. Which statement is correct?

#6. Under Civil Code Section 1019, trade fixtures installed by a commercial tenant:

#7. A purchase contract states ‘refrigerator excluded from sale.’ The refrigerator is a built-in unit connected to plumbing and electrical. Under the MARIA test, what is the legal effect?

#8. In a dispute between a buyer and seller over whether a chandelier conveys with the property, California courts generally:

#9. Solar panels installed with building permits, financed through PACE liens, and covered by 20-year warranties would MOST likely be classified as:

#10. Which of the following is NOT classified as real property under California law?

#11. Civil Code Section 660 governs which area of California real estate law?

#12. Appurtenant rights are significant because they:

#13. Title insurance protects ownership of real property, while personal property requires:

#14. Under Proposition 13, real property is subject to annual property tax. Which statement about personal property taxation is correct?

#15. A window air conditioning unit that is mounted but can be removed without damaging the property is MOST likely classified as:

#16. The doctrine of accession in the context of trade fixtures means:

#17. A tenant’s commercial lease is silent regarding which installations qualify as removable trade fixtures. At lease termination, a dispute arises. What is the BEST preventive measure?

#18. Which of the following items would MOST likely be classified as personal property?

#19. A homeowner tells neighbors ‘I am taking my expensive chandelier when I move.’ This statement is relevant to which MARIA factor?

#20. Under the MARIA test, obtaining a building permit for an installation suggests:

#21. In a landlord-tenant dispute over whether an item is a fixture, California courts generally presume:

#22. Real property is defined under California Civil Code Sections:

#23. Which of the following is the MOST accurate statement about the MARIA test?

#24. A listing agent notices that sellers plan to remove a built-in microwave that appears in MLS photos. What should the agent do?

#25. Personal property is defined by California Civil Code Section:

#26. A trade fixture exception does NOT apply when:

#27. Which factor in the MARIA test examines whether removal would cause damage to the property?

#28. A buyer and seller disagree about whether custom shelving should convey with the property. The purchase contract is silent on the issue. Under MARIA analysis, which factor initially favors the buyer?

#29. A supervising broker fails to train agents on fixture classification principles. If a fixture dispute arises from an agent’s oversight, the broker may face liability for:

#30. Which statement about the distinction between real and personal property is FALSE?

#31. A commercial tenant installs specialized retail display cases using bolts anchored to the floor. These cases are MOST likely classified as:

#32. Financing an item through Property Assessed Clean Energy (PACE) liens recorded against the property suggests the item is a:

#33. A property’s air rights and subsurface mineral rights are examples of:

#34. Under which circumstance would a ‘built-in’ item NOT automatically convey as a fixture in a residential sale?

#35. Which of the following correctly describes the relationship between trade fixtures and the MARIA test?

#36. A tenant removes trade fixtures at the end of a lease, causing damage beyond normal wear and tear. What is the legal consequence?

#37. In determining fixture status, courts evaluate evidence of intention by examining:

#38. A standard curtain rod purchased from a retail store is classified as personal property primarily because of which MARIA factor?

#39. Which California Civil Code section establishes the trade fixture exception for commercial tenants?

#40. When a property sale closes and the contract does not mention a specific item, dispute resolution follows which principle?

#41. A legal description reading ‘Lot 23, Block 4, Rancho Vista Estates Unit 2, per map recorded in Book 125, Page 45’ uses which system?

#42. In the government rectangular survey system, a section contains:

#43. The NE 1/4 of the SW 1/4 of a section contains how many acres?

#44. California uses how many principal meridians in the government rectangular survey system?

#45. The Mount Diablo Meridian covers which California region?

#46. In a metes and bounds description, the term ‘metes’ refers to:

#47. A valid metes and bounds description MUST:

#48. In the government survey system, townships are squares measuring:

#49. Section 1 in a township is located in which corner?

#50. Section 36 in a township is located in which corner?

#51. When conflicts arise in a metes and bounds description, California follows a hierarchy where the HIGHEST priority is given to:

#52. The description ‘T3N, R2E, MDBM’ refers to:

#53. Government rectangular survey descriptions should be read:

#54. Which legal description system is MOST commonly used for urban and suburban residential areas in California?

#55. The San Bernardino Meridian covers which area of California?

#56. A metes and bounds description that fails to return to the point of beginning is:

#57. In the government survey system, sections within a township are numbered in what pattern?

#58. Postal addresses cannot serve as legal descriptions because:

#59. A legal description referencing ‘courses and distances’ from a defined starting point indicates which system?

#60. The Humboldt Meridian covers which region of California?

#61. In the hierarchy for resolving metes and bounds conflicts, which has the LOWEST priority?

#62. A half section contains how many acres?

#63. The lot and block system requires which specific recording element?

#64. ‘N 45ยฐ 30′ 15″ E’ in a metes and bounds description is called a:

#65. A legal description states ‘along the creek to the northwest corner’ but the stated distance falls 20 feet short of the creek. Under California law:

#66. Air rights descriptions specifying vertical boundaries use a reference elevation point called a:

#67. The W 1/2 of the NW 1/4 of Section 20 contains how many acres?

#68. Which legal description system would MOST likely be used for property originating from a Spanish land grant in coastal California?

#69. In the government survey system, the designation ‘R2W’ means:

#70. A condominium legal description specifying boundaries ‘from 100 feet above mean sea level to 110 feet above mean sea level’ defines:

#71. Each township in the government rectangular survey system contains:

#72. A quarter section of land is equal to:

#73. Real estate professionals are responsible for:

#74. The point of beginning (POB) in a metes and bounds description must be established using:

#75. A description referencing ‘the old oak tree’ as a point of beginning is problematic because:

#76. Which physical characteristic of land justifies the legal remedy of specific performance for breach of real estate contracts?

#77. Riparian water rights in California are:

#78. Appropriative water rights differ from riparian rights because appropriative rights:

#79. Under California law, mineral rights that have been extracted from the ground are classified as:

#80. The Sustainable Groundwater Management Act (2014) requires:

#81. Which economic characteristic of land explains why identical homes in different neighborhoods have vastly different values?

#82. The physical characteristic of immobility justifies:

#83. In California, severed mineral rights are classified as:

#84. During a drought, appropriative water rights are reduced by:

#85. Riparian water rights cannot be:

#86. The economic characteristic of scarcity in California is intensified by:

#87. A property’s air rights are limited by:

#88. ‘Situs’ in real estate refers to:

#89. Which statement about indestructibility of land is correct?

#90. The permanence of investment (fixity) characteristic of land explains why:

#91. Under Civil Code Sections 1102.6 and 1102.6c, brokers must disclose:

#92. A ‘split estate’ is created when:

#93. Surface owners can negotiate surface use agreements with mineral rights owners to:

#94. The right of a mineral rights owner to access the surface for extraction purposes is governed by:

#95. Which physical characteristic of land supports property taxation as a stable government revenue source?

#96. A developer purchases unused air rights from a neighboring historic building. This is an example of:

#97. Groundwater rights of overlying landowners are:

#98. In California agricultural areas, water rights often:

#99. The Latin maxim ‘cuius est solum, eius est usque ad coelum et ad inferos’ refers to:

#100. Preliminary title reports are important for buyers because they reveal:

#101. California’s arid climate makes water rights particularly important because:

#102. Which statement about appropriative water rights is correct?

#103. Teardown economics occur in expensive areas because:

#104. Negative externalities in real estate refer to:

#105. A buyer of agricultural property should investigate groundwater availability because:

#106. Property tax liens in California always have:

#107. An easement appurtenant differs from an easement in gross because an easement appurtenant:

#108. A prescriptive easement in California requires use that is:

#109. Which of the following CANNOT give rise to a prescriptive easement?

#110. A mechanic’s lien in California has priority from:

#111. Non-use alone will terminate which type of easement?

#112. A judgment lien in California attaches to:

#113. Property taxes in California become a lien on:

#114. An easement by necessity is MOST likely to arise when:

#115. The servient tenement in an easement arrangement is:

#116. A license in California real estate differs from an easement because a license is:

#117. Deed restrictions (CC&Rs) that include racial restrictions are:

#118. Under California law, which lien is classified as a general lien?

#119. The 20-day preliminary notice in California mechanic’s lien law is required to:

#120. An encroachment is BEST described as:

#121. Which statement about lien priority is correct?

#122. An easement is terminated by merger when:

#123. Mechanics liens must be filed within what time period after completion of work when a Notice of Completion has been recorded?

#124. A contractor began work on March 1. A deed of trust was recorded on March 15. The contractor files a mechanic’s lien on June 1. The mechanic’s lien has priority because:

#125. Encumbrances ‘run with the land,’ meaning they:

#126. A HOA assessment lien typically has:

#127. Which of the following is a voluntary lien?

#128. An easement appurtenant automatically transfers to a new owner because it:

#129. A property owner physically blocks an easement holder’s access for five continuous years. This may terminate the easement through:

#130. Special assessment liens for bonds financing local improvements have:

#131. Which statement about specific liens is correct?

#132. An express easement must be created through:

#133. A judgment lien in California lasts:

#134. Which of the following would NOT terminate an easement?

#135. IRS tax liens are classified as:

#136. Covenants, Conditions, and Restrictions (CC&Rs) are:

#137. The dominant tenement in an easement arrangement is:

#138. An easement in gross typically benefits:

#139. A utility easement for power lines is typically classified as:

#140. Under California law, encumbrances include all of the following EXCEPT:

#141. Property tax liens differ from most other liens because they:

#142. An easement by implication requires proof of:

#143. The first installment of California property taxes is due on:

#144. The second installment of California property taxes is due on:

#145. A lien that attaches to a specific property described in loan documents is called a:

#146. Which of the following is an involuntary lien?

#147. An encroachment may ripen into a prescriptive easement after:

#148. Surveys are important before closing because they reveal:

#149. Title insurance typically excludes coverage for:

#150. A personal easement in gross traditionally:

#151. California Civil Code Sections 801-806 govern:

#152. Which factor does NOT need to be present for a prescriptive easement to be created?

#153. A deed of trust securing a loan is classified as a:

#154. If a first-position lien forecloses and sale proceeds are insufficient to satisfy both first and second position liens:

#155. An easement created when a seller reserves access across the sold portion of property is created by:

#156. In California, ‘severalty’ means:

#157. Tenancy in common is California’s default co-ownership form when:

#158. Joint tenancy requires four unities. Which of the following is NOT one of them?

#159. Community property with right of survivorship provides what major tax advantage over joint tenancy?

#160. Under California Family Code Section 852, transmutation from separate to community property requires:

#161. A deed to ‘A and B’ with no further specification creates:

#162. When one joint tenant sells their interest without the other joint tenants’ consent:

#163. Property acquired during marriage through labor or earnings is presumed to be:

#164. Which of the following correctly states the unity of interest requirement for joint tenancy?

#165. In a living trust, the trustor transfers property to the:

#166. A condominium owner holds:

#167. Under California law, a married person may hold property in severalty as separate property if it was:

#168. The main advantage of joint tenancy for estate planning is:

#169. Which ownership form provides the surviving spouse with a full step-up in basis on BOTH halves of the property?

#170. A revocable living trust avoids probate when:

#171. The Davis-Stirling Common Interest Development Act governs:

#172. In a partition action, co-tenants can force:

#173. When spouses take title as ‘husband and wife, as joint tenants,’ the property is treated as:

#174. Time-share offerings in California must be:

#175. Which statement about tenancy in common is FALSE?

#176. Community property in California is owned:

#177. Separate property includes all of the following EXCEPT:

#178. A real estate licensee selling time-shares must:

#179. The four unities required for joint tenancy are time, title, interest, and:

#180. When a real estate agent is asked to recommend a specific form of ownership, the agent should:

#181. A trust certification is used by title companies to verify:

#182. Joint tenancy is severed and becomes tenancy in common when:

#183. Which statement about community property transmutation is correct?

#184. Commingling separate property with community property can:

#185. Family Code Section 770 defines:

#186. A condominium owner receives a separate property tax bill because:

#187. Rents and profits from separate property are generally classified as:

#188. Under California law, creditors can force partition to reach:

#189. Which ownership form requires express deed language for creation?

#190. A deed that states ‘as joint tenants with right of survivorship’ creates:

#191. In California, if a property owner dies intestate (without a will), property held in tenancy in common passes:

#192. The resale market for time-shares is typically:

#193. Which statement about joint tenancy creation is correct?

#194. Probate Code Section 5040 establishes:

#195. An agent explains different ownership forms to clients but recommends they consult an attorney. This is:

#196. Under Business and Professions Code Section 10131, choosing an ownership structure is considered:

#197. If spouses want community property that avoids probate AND provides a full step-up in basis, they should consider:

#198. Property acquired during marriage with separate property funds is classified as:

#199. Material misrepresentations in time-share sales can result in:

#200. Which form of co-ownership does NOT include a right of survivorship?

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