David Saks

Real Estate Practice : Lesson 414

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:07:24 -0600

#414

In order to obtain a nonconforming use permit a property owner has to demonstrate to the zoning commission that denial of the use the property currently supports would create a hardship.

Is this true or false ?

Take your time. The soultion is posted below the royalty free wildlife photo.

A. False

A petition for variance is what the owner is seeking and would allow modifications or improvement to a property which is restricted by a zoning ordinance.

Real Estate Practice : Lesson 413

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:06:40 -0600

#413

If the owner of a property believes that their property was unfairly or improperly zoned by their zoning commission the owner should apply for a conditional use permit.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

A conditional use permit is a permit that would permit a special use of a property in a neighborhood where the type of use being applied for would normally be prohibited because of zoning ordinances.

If the owner believes the property was not zoned correctly the owner should petition for an amendment to a zoning ordinance known as a rezone which would change the types of uses allowed by the prevailing zoning ordinance.

Real Estate Practice : Lesson 412

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:06:01 -0600

When new zoning ordinances become law and become effective nonconfroming uses are only allowed a period of 90 days to become compliant with the new ordinances and will not be allowed to continue after that time.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Nonconforming uses, or building uses which were in effect before the new ordinances became effective, are usually allowed to continue in the use for which they were designed .

The use of the building may not be spread out, it may not be taken up again if the building is abandoned and the building may not be rebuilt if it has been destroyed.

Real Estate Practice : Lesson 411

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:05:15 -0600

#411

Land use control laws are created to insure that certain properties remain profitable and make money for the owners.

Is this true or false ?

Take your time time. The solution is posted below the wildlife photo.

A. False

Land use controls may ensure that population density and growth are controlled and that properties remain in a compatible stage with the restrictions.

Profitability is not a concern of land use controls.

Real Estate Practice : Lesson 410

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:04:37 -0600

#410

Particular conditions may arise that require an environmental impact statement to be prepared because of the events demanding it.

This requirement is known as CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The requirement to prepare an environmental impact statement is regulated by NEPA, the National Environmental Protection Act and requires the preparation of an environmental impact statement whenever an action is taken by the federal government, and that action will be considered to have an important consequence or change on the environment.

Real Estate Practice : Lesson 409

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:04:01 -0600

#409

Zoning ordinances may be designed to control the types of religious preferences that are acceptable within the area in consideration.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Zoning ordinances are government regulation of the uses of property within certain areas as defined by the ordinance and are regulations that may deal with the use of the property, the way a building is constructed, and the height of the structure.

Religious preference is not a consideration by governement in creating a zoning ordinance.

Real Estate Practice : Lesson 408

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:03:32 -0600

#408

When a conveyance tax is assessed it's always based on the fair market value of the home.

Is this true or false ?

Take your time. The solution will be posted below the royalty free wildlife photograph.

A. False

When a property is assessed a conveyance tax, levied by the authority of the state, it's always based on the selling price and takes place when title is transferred.

Real Estate Practice : Lesson 407

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:03:00 -0600

#407

When we speak about the police power of a local government we're usually referring to the government's power to create special taxes which will tax all property owners for the purposes of providing a secure police force and the addition of police protection.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Police power of the government allows the government to pass zoning laws and laws which are designed to protect the safety and well-being of it's citizens.

Real Estate Practice : Lesson 406

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:02:28 -0600

#406

When areas of a property are demarcated because their use is deemed unfit with the local ordinaces this is know as creating a setback.

Is this true or false ?

Take your time. The solution is posted below the wildlife phpto.

A. False

When the property area is separated because it's usage is deemed unfit with zoning this process of separation is know as spearation by a "buffer zone".

Real Estate Practice : Lesson 405

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:01:56 -0600

#405

A judgement lien will always take a priority over a property tax lien regardless of how much time has passed since the judgement lien was recorded.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Property tax liens will always retain the first order of priority over all other liens.

Property tax liens are specific liens (they attach to specific property) and they're involuntary (the lien is issued by the law and without the consent of the property owner).

Real Estate Practice : Lesson 404

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:46:17 -0600

#404

A type of document, which is recorded, which informs persons interested in buying a property that the property could possibly become liable to a judgement issued against it in a lawsuit. This document is known as a writ of attachment through satisfaction of habendum clause.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The type of document we're referring to is know as lis pendens.

Lis pendens is latin for "in pending" which is constructive notice given to an interested party that the property may be affected by the outcome of a pending lawsuit.

Habendum Clause is latin for "to have and to hold" which may be included after the granting clause in a deed and will describe the real estate variety.

Real Estate Practice : Lesson 403

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:45:50 -0600

#403

A judge ruled in a pending lawsuit that a lien is to be placed on the defendant's home which will place a hold on the property as security if a judgement is ruled against the homeowner.

The court's action is commonly referred to as a prescription for adverse judgement.

Is this true or false ?

Remember to take your time. The solution is posted below the royalty free wildlife photo.

A. False

The court's ruling is known as an attachment.

An attachment is a lien imposed on the property which will remain in effect while the final result of the lawsuit is being awaited.

Real Estate Practice : Lesson 402

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:45:23 -0600

#402

Andrew has actually constructed an easement over Tanya's property.

If Andrew buys Tanya's property next month the easement will continue to exist.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When Andrew buys Tanya's property, and the deal is closed and the deed delivered, a merger of the easements has occurred because one person has demonstrated the acquisition of both the servient tenament and the dominant tenanment.

When the dominant and servient tenaments are acquired by one person, the merger of the tenaments will terminate the easement.

Real Estate Practice : Lesson 401

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:44:58 -0600

#401

If a balcony in an apartment structure hangs over a boundary line which was created to delineate the boundary line of the property this would be called an appurtenant easement.

Is this true of false ?

Take your time the solution is poisted below the wildlife photo.

A. False

If the balcony hangs over the boundary line the balcony is an encroachment to the other property.

An appurtenant easement is an easement that is allowed to cross a parcel of land known as the servient tenament.

This creates a benefit for the other parcel of land and is called the dominant tenanment.

Real Estate Practice : Lesson 400

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:44:26 -0600

#400

When we talk about real estate property tax liens we're talking about tax liens that are general, voluntary liens that affect property.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Property tax liens on real estate are involuntary and specific.

If it's involuntary, the interest in the property is created by law as opposed to voluntary which gives an interest in the property to a creditor voluntarily and by will.

If the lien were a general lien it would attach to all of the debtor's property.

Since it's only real estate we're concerned with, it makes the lien specific, or a lien which will only be enforced against a particular property.

Real Estate Practice : Lesson 399

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:43:58 -0600

#399

When a subdivision creates private restrictions in the declaration of Covenants, Conditions and Restrictions, or CC&R's, the restrictions are originally created when the subdivision was planned and are enforced by the developer.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. True

The CC&R's are established by the developer and the owners of the lots in the subdivision have an obligation to supoort them.

Real Estate Practice : Lesson 398

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:43:30 -0600

#398

If there is a cloud on a title, and it seems that it can't be cleared, a judicial proceeding takes place that decides ownership with a suit for the partition of the property in question.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When a title can't be cleared, a suit to quiet title action is undertaken and allows the court to establish the interests of all parties regarding a parcel of real estate.

Real Estate Practice : Lesson 397

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:42:57 -0600

#397

One of the main reasons why the grantee should see to it that the deed is recorded properly is to demonstrate that the deed was conveyed and accepted.

Is this statement true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The most important reason for recording the deed is to give constructive notice of the grantee's interest in the property.

Constructive notice is when a person should know of something through discovery by reasonable diligence which includes searching public records.

Constructive notice is an edict of law which applies whether or not the individual actually knew of the recording of the deed.

Real Estate Practice : Lesson 396

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:42:07 -0600

#396

If a will is written but there is no witness to the composition of the will this type of will is commonly referred to as a formally executed will.

Is the description of this type of will considered to be a true or false description ?

Take your time. The solution is posted below the wildlife photo.

A. False

A will which is handwritten and not witnessed is called a holographic will.

Some states actually recognize this type of will even though it's unwittnessed.

The will has to be dated and signed by the testator but it doesn't have to be witnessed.

Real Estate Practice : Lesson 395

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:41:42 -0600

#395

If there just happens to be an unfortunate cloud on the title the cloud may be cleared by underwriting a title insurance policy.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. Very false

Whenever there is a cloud on a title the usual way to clear the cloud on the title is to use a quitclaim deed which will convey any interest in a property that the grantor may have.

Real Estate Practice : Lesson 394

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 02 Nov 2009 02:23:01 -0600

#394

When a conveyance is undertaken, in order for the conveyance to take place the deed must be valid and must be recorded before the conveyance may occur.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The deed must be valid, but it must also be delivered from one party to another and accepted by the party it's being delivered to.

The deed does not have to be recorded prior to conveyance.

Real Estate Practice : Lesson 393

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 02 Nov 2009 02:21:23 -0600

#393

When a warranty deed is given to the purchaser of a parcel of real estate the warranty deed specifically warrants that the price paid for the property was within 5% of the actual market value of the property.

Is this true or false ?

Take your time on this real tough question :-) The solution, as usual, is posted below the royalty free wildlife photograph.

A. False

A warranty deed warrants that the grantor has the right to convey the deed and also owns the property.

Real Estate Practice : Lesson 392

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 02 Nov 2009 02:18:24 -0600

#392

If te government decides to transfer the title of property to a private party this is carried out by means of an instrument commonly known as a quitclaim deed.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When a private party receives title to property from the government the govermnment will issue a patent to that party.

Generally speaking, a patent is an instrument which is used to convey a parcel of government land to a private party.

Just like granting an inventor the sole rights to an invention, the government is granting an individual the sole rights to a piece of land formerly owned by the government.

Real Estate Practice : Lesson 391

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 02 Nov 2009 02:15:22 -0600

#391

When real estate is transferred from one party to another the process is commonly referred to as the avulsion of quitclaim.

Is this statement true or false ?

Please take your time. The solution is posted below the wildlife photograph.

A. False

When real estate is transferred from one party to the next we commonly refer to this prcocess as alienation.

Avulsion is the proccess of a body of water stripping away land and isn't connected to the process of quitclaim.

A quitclaim is a deed that will convey any interest that a grantor has in a property, at the time of the transfer of the deed, without any warranties.

I suppose, for the sake of a laugh, an avulsion of quitclaim might represent the gradual tearing away of the quitclaim from the grantee by a divorce lawyer :-)

Real Estate Practice : Lesson 390

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 02 Nov 2009 02:12:39 -0600

#390

An owner of a parcel of real estate allows a trespasser to continue trespassing on the land and takes no action against the trespasser throughout a statutory period.

The trespasser can inevitably gain the legal right to continue trespassing or using the property under the right of what is called an easement by necessity.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The right is called an easement by prescription.

An easement by necessity allows the total enjoyment of the land under law.

An easement by prescription is acquired through the hostile, open and continuous use of property over a period of time specified by law.