What is a legal description that starts at the point of beginning, describes the property's boundaries, and
returns to the point of beginning?
A. A lot and block description
B. A metes and bounds description
C. A recorded plat
D. A government survey system - correct answer ✔✔Rationale: B is the correct answer. Where the
survey starts is called the point of beginning (POB) or point of commencement (POC), and the survey
must always return to the POB to enclose the entire property. The surveyor refers to a permanent
reference mark in relation to the monument. The two are said to be connected by a connection line. A
benchmark is often used as the permanent reference mark. The benchmark can be an engraved brass
disk set in concrete. It gives location as well as elevation.
No two parcels of land are exactly alike because no two parcels can occupy the same position on the
globe. This is known as:
A. Township
B. Section
C. Scarcity
D. Nonhomogeneity - correct answer ✔✔Rationale: D is the correct answer. Nonhomogeneity is a lack of
uniformity or dissimilarity. Because no two parcels of land are exactly alike, real estate is said to be
nonhomogeneous.
The eaves of a house are over the survey line. This is a(n):
A. Encumbrance
B. Encroachment
C. Easement
D. Latent defect - correct answer ✔✔Rationale: B is the correct answer. Anything that "hangs over"
another's property is considered an encroachment.
,A hospital is being built in an area that is zoned residential. The hospital will be a benefit to the public.
The exception to the zoning is called a:
A. Discrepancy
B. Conditional use
C. Variance
D. Nonconforming use - correct answer ✔✔Rationale: B is the correct answer. A conditional use permit
allows the city to consider uses which may be essential or desirable, but which are not allowed as a
matter of right within a zoning district, through a public hearing process. A conditional use permit can
provide flexibility within a zoning ordinance.
John owns a track of land. He divides the land into 2 lots. The lot at the back of the property does not
have access to the street. John must give the owner of the back lot an ____________ across the front
lot.
A. Easement by prescription
B. Easement in gross
C. Easement by necessity
D. Acceleration - correct answer ✔✔Rationale: C is the correct answer. In Texas, property cannot be
landlocked, and the owner of the property must give access to another. This is called easement by
necessity.
An encumbrance affecting the title of a property such as a mortgage on the property is a:
A. Cloud on title
B. Contract
C. Personal rights
D. Bill of sale - correct answer ✔✔Rationale: A is the correct answer. A mortgage encumbrance would
create a cloud on the title, meaning it "clouds" clear title to the property.
What is a license to use land?
A. An estate in land
B. A personal privilege given to someone to use land
C. A type of lease
, D. Limited to 500 acres - correct answer ✔✔Rationale: B is the correct answer. A license to use land is a
personal privilege given to someone to use land. It is not ownership in land. An example of a license to
use land could be a ticket to a sporting event or a movie theater.
Deed restrictions are also known as:
A. Covenants, Conditions, and Restrictions
B. CC&Rs
C. Both A and B
D. None of the above - correct answer ✔✔Rationale: C is the correct answer. Real estate deed
restrictions are written into a property's deed and can take the form of conditions, covenants, and
restrictions (sometimes called "CC&Rs"). The property's past or present owner, developer, builder,
neighborhood, or homeowner's association usually imposes them. Deed restrictions are usually aimed at
ensuring that there is an aesthetic uniformity between your property and neighboring properties and
that certain other activities are limited. Reasons for including these restrictions may be to maintain the
value of a property or to promote good relations within a residential community.
Jim leased an apartment in Austin. The lease began on March 1 and ended on September 30. The lease
did not automatically renew for another 6 months. The lease is a/an:
A. Periodic tenancy
B. Month-to-month lease
C. Estate for years
D. Estate at sufferance - correct answer ✔✔Rationale: C is the correct answer. An estate for years is a
lease with a definite beginning date and end date.
In the deed, the clause which sets forth the extent of the title being conveyed is:
A. The hereditament
B. The demising clause
C. The indenture clause
D. The habendum clause - correct answer ✔✔Rationale: D is the correct answer. The habendum clause
often follows the granting clause and states the interest being conveyed, Fee Simple, Life Estate, or
Defeasible Fee. The habendum clause begins with the words "to have and hold."
A title insurance policy to protect the lender is called the:
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