CLA/CP Exam Real Property Rights 5 ā Questions and Answers
Question 1: Which type of zoning variance allows a property owner to use land in a manner not otherwise permitted under the current zoning classification?
- Area variance
- Use variance (Correct answer)
- Special use permit
- Non-conforming use
Correct answer: Use variance
A use variance permits an owner to use property for a purpose expressly prohibited by the applicable zoning ordinance, typically requiring a showing of hardship.
Question 2: A property owner whose land is physically taken by the government for a public highway is entitled to compensation under which constitutional provision?
- Due Process Clause
- Equal Protection Clause
- Takings Clause of the Fifth Amendment (Correct answer)
- Commerce Clause
Correct answer: Takings Clause of the Fifth Amendment
The Takings Clause of the Fifth Amendment (incorporated to states via the Fourteenth) requires just compensation whenever the government takes private property for public use.
Question 3: Which doctrine provides that a deed containing an erroneous legal description may be reformed to reflect the parties' actual intent?
- Merger doctrine
- Parol evidence rule
- Equitable reformation (Correct answer)
- After-acquired title doctrine
Correct answer: Equitable reformation
Equitable reformation allows a court to correct a written instrument, including a deed, to conform to the parties' mutual intention when the document contains a mistake.
Question 4: A developer who records a plat and sells lots in a subdivision based on a general plan may be prevented from violating the scheme by which doctrine?
- Implied reciprocal negative servitude (Correct answer)
- Express easement
- Tacking
- Eminent domain
Correct answer: Implied reciprocal negative servitude
The implied reciprocal negative servitude doctrine holds that when a developer sells lots subject to a common scheme, all lots are mutually bound by restrictions even if not stated in every deed.
Question 5: Under the concept of 'tacking' in adverse possession, which element must link the adverse possessor's period of use to a predecessor's period?
- A written easement
- Privity of possession (Correct answer)
- Payment of property taxes
- An affirmative covenant
Correct answer: Privity of possession
Tacking requires privity of possessionāa voluntary transfer of the property between successive adverse possessorsāto combine their periods to satisfy the statutory requirement.
Question 6: Which type of easement, once created, benefits the land itself and automatically transfers with every conveyance of the dominant estate?
- Easement in gross
- License
- Easement appurtenant (Correct answer)
- Profit Ć prendre
Correct answer: Easement appurtenant
An easement appurtenant is attached to and runs with the dominant estate, passing automatically to each successive owner without any specific mention in the deed.
Question 7: A seller who conveys property by a quitclaim deed warrants to the buyer:
- That no encumbrances exist on the property
- Only that the seller holds whatever interest, if any, they have (Correct answer)
- That the title is marketable and free of defects
- That the seller will defend title against all future claims
Correct answer: Only that the seller holds whatever interest, if any, they have
A quitclaim deed transfers only whatever interest the grantor actually holdsāno more, no lessāand contains no title covenants or warranties whatsoever.
CLA/CP Exam Real Property Rights 5
Which type of zoning variance allows a property owner to use land in a manner not otherwise permitted under the current zoning classification?