FREE CLA/CP Real Property Rights Questions and Answers

Question 1

Two unmarried friends purchase a lake house together. The deed specifies they are 'joint tenants with right of survivorship.' If one of the friends dies, what happens to the deceased friend's ownership interest in the property?

Accepted Answer

It automatically transfers to the surviving friend.

Answer

Joint tenancy with right of survivorship (JTWROS) is a form of co-ownership where, upon the death of one owner, their interest automatically passes to the surviving joint tenant(s). This transfer happens outside of probate and is not controlled by the deceased owner's will. Tenancy in common is the form of ownership where an owner's share passes to their heirs.

Question 2

A landowner sells the back half of their property to a buyer, but in doing so, the buyer's new parcel has no access to a public road. Which of the following is MOST likely to be created by a court to grant the buyer access across the seller's remaining land?

Accepted Answer

An easement by necessity

Answer

An easement by necessity is created when a property is divided in such a way that one parcel becomes landlocked, without any reasonable access to a public road. The law presumes the parties intended to create access. A prescriptive easement is acquired through adverse use, an easement in gross benefits a person or entity rather than a parcel of land, and a license is a revocable permission.

Question 3

Which type of deed offers the grantee (buyer) the LEAST amount of protection and makes no warranties about the status of the property's title?

Accepted Answer

Quitclaim Deed

Answer

A quitclaim deed transfers whatever interest the grantor (seller) has in the property, if any, without making any promises or warranties about the quality of the title. In contrast, a General Warranty Deed offers the most protection, and a Special Warranty Deed offers limited protection.

Question 4

A city government informs a property owner that her land is being taken to build a new public library. The city offers to pay the owner the fair market value for the property. This action is an exercise of which governmental power?

Accepted Answer

Eminent domain

Answer

Eminent domain is the power of the government to take private property for public use, provided that 'just compensation' (typically fair market value) is paid to the owner. This power is granted by the Takings Clause of the Fifth Amendment to the U.S. Constitution.

Question 5

In real property law, what is the legal term for an item of personal property that has been attached to the land or a building in such a permanent way that it is legally considered part of the real property?

Accepted Answer

A fixture

Answer

A fixture is personal property (chattel) that has been affixed or attached to real property in such a manner that it is treated as part of the real estate. Factors used to determine if an item is a fixture include the method of attachment, its adaptation to the property, and the intent of the party who attached it.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

FREE CLA/CP Real Property Rights Questions and Answers