CLA/CP Exam Real Property Rights 5

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?

Accepted Answer

Use variance

Answer

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?

Accepted Answer

Takings Clause of the Fifth Amendment

Answer

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?

Accepted Answer

Equitable reformation

Answer

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?

Accepted Answer

Implied reciprocal negative servitude

Answer

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?

Accepted Answer

Privity of possession

Answer

Tacking requires privity of possession—a voluntary transfer of the property between successive adverse possessors—to combine their periods to satisfy the statutory requirement.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Real Property Rights 5