MPOETC Property Law & Real Estate 5 — Questions and Answers
Question 1: A neighbor erects a fence that encroaches two feet onto an adjoining property. This intrusion onto another's land is called:
- Easement
- Encroachment (Correct answer)
- Adverse possession
- Trespass to chattels
Correct answer: Encroachment
An encroachment occurs when a structure or improvement illegally intrudes upon another's land.
Question 2: Under Pennsylvania's Crimes Code, a person who enters a building with a license (permission) but then remains after that permission is withdrawn is guilty of:
- Burglary
- Criminal trespass — defiant trespass (Correct answer)
- Simple trespass only
- No crime, since entry was lawful
Correct answer: Criminal trespass — defiant trespass
Remaining on premises after permission is withdrawn constitutes defiant trespass under 18 Pa. C.S. § 3503(b).
Question 3: A person applies for an apartment, and the landlord refuses to rent solely because the applicant has children. This conduct may violate which federal law?
- Americans with Disabilities Act
- Fair Housing Act (Correct answer)
- Civil Rights Act of 1964
- Community Reinvestment Act
Correct answer: Fair Housing Act
The Fair Housing Act prohibits discrimination in housing based on familial status, which includes having children under 18.
Question 4: Police are dispatched to a report of someone 'stripping' copper wiring from a vacant commercial building. Which charge is MOST appropriate?
- Criminal mischief — summary
- Theft of property and possibly criminal trespass (Correct answer)
- Loitering
- Receiving stolen property
Correct answer: Theft of property and possibly criminal trespass
Removing wiring from a building without authority constitutes theft, and being in the building without permission constitutes criminal trespass.
Question 5: A deed restriction preventing a buyer from operating a business on a residential lot is an example of a:
- Zoning variance
- Restrictive covenant (Correct answer)
- Easement in gross
- Lis pendens
Correct answer: Restrictive covenant
A restrictive covenant is a clause in a deed that limits how the property may be used and often runs with the land to bind future owners.
Question 6: A bank repossesses and auctions a foreclosed home for less than the outstanding mortgage balance. The remaining debt owed by the borrower is called a:
- Deficiency judgment (Correct answer)
- Lien release
- Deed in lieu
- Short sale balance
Correct answer: Deficiency judgment
A deficiency judgment is a court order holding a borrower liable for the remaining debt after a foreclosure sale fails to cover the full mortgage balance.
Question 7: An officer is investigating a landlord accused of refusing to return a security deposit after a tenant moves out. This matter is primarily:
- A felony theft requiring immediate arrest
- A civil matter governed by Pennsylvania's Landlord-Tenant Act (Correct answer)
- A criminal fraud requiring investigation
- A zoning violation
Correct answer: A civil matter governed by Pennsylvania's Landlord-Tenant Act
Security deposit disputes are civil matters handled under the Pennsylvania Landlord-Tenant Act, with remedies available through Magisterial District Court.
MPOETC Property Law & Real Estate 5
A neighbor erects a fence that encroaches two feet onto an adjoining property.
This intrusion onto another's land is called: