CP CP Real Property and Real Estate Law

Question 1

Which type of deed provides the greatest protection to the grantee by warranting title against all defects, even those arising before the grantor acquired the property?

Accepted Answer

General warranty deed

Answer

A general warranty deed contains covenants warranting title against all defects and encumbrances, including those arising before the grantor's ownership.

Question 2

What is the legal term for the right of a mortgage lender to foreclose on property and sell it when the borrower defaults on the loan?

Accepted Answer

Power of sale

Answer

The power of sale clause in a mortgage or deed of trust authorizes the lender to sell the property without court involvement upon the borrower's default.

Question 3

A homeowner grants a utility company the right to run power lines across a corner of their property. This is an example of which real property concept?

Accepted Answer

Easement in gross

Answer

An easement in gross benefits a specific person or entity (such as a utility company) rather than a neighboring parcel of land.

Question 4

Under the doctrine of adverse possession, which element requires that the possessor's use of the land be inconsistent with the true owner's rights?

Accepted Answer

Hostile

Answer

The hostile element requires that possession be without the owner's permission and inconsistent with the owner's title rights.

Question 5

What document gives public notice of a pending lawsuit that may affect title to real property?

Accepted Answer

Lis pendens

Answer

A lis pendens ('suit pending') is recorded in the public records to notify potential buyers and lenders that a lawsuit affecting the property's title is pending.

(CP) NALA Certified Paralegal Practice Test

(CP) NALA Certified Paralegal Practice Test

CP CP Real Property and Real Estate Law