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Real Estate Law 5

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batgirl22's version from 2017-11-27 23:59

Real Estate Law 4

Question Answer
Which of the following is not a valid public purpose for which land can be takenamusement park
The building department would not be responsible for approving which of the followingwell
The police power of the state must be exercisedto benefit the public health safety welfare and morals
Condemnation is required when the government exercises its power of which of the followingappropriation by eminent domain
Which amendment to the U.S. Constitution is controlling in eminent domain casesfifth amendment
For just compensation to be owned to a landowner under the fifth amendment there must bea permanent taking of the land, a temporary taking of the land, a taking of the land by a governmental entity
Landowners are in the strongest legal position against a community and its zoning scheme when their realty isspot-zoned
The Interstate Land Sales Disclosures Actrequires that a property report be filed with HUD
Point-of-sale building inspectionscan result in the City’S being liable for negligence if they intervene in contracts for sale for those buildings
The building department approveswiring
The policy of the law is to destroy by gradually eliminatingnonconforming uses
Incentive zoning can be used for which of the followingto stem the rush to southern states form northern ones, to attract new industry, to stimulate culture and recreation
Exclusive zoning allowsthat whatever the area is zoned for is the only use that can be put there
The most likely basis for a courts striking down an exclusionary zoning scheme isracial discrimination
Even if a lot conforms to the zoning plan an owner building upon it mustobtain a building permit, have health department approve the septic system, get a certificate of occupancy before moving in
Landowners who attack in court the zoning of their property should be able to show that the present zoningis so out of character with the surrounding real properties that they will not be able to make any reasonable use of the land
A fundamental right to housing for any citizen of the United States can be foundin the United States Entitlement Act of 1986
The Americans with Disabilities Act took effect in1992
A public accommodation isa motel
Which of the following laws regulates the emission of air pollutantsClean Air Act
This is used to asses adverse effects a project may have on the environmentimpact statement
When a county prevents a church from “temporarily” making any use of its land it violates which constitutional amendmentfifth
Which of the following leases usually should be recordedfour-year lease
Under the statute of fraud which of the following leases should be in writinglease for more than one year
Which of the following less should be attested and acknowledgedfixed-term tenancy of four years
Which of the following persons receives a leasehold of less than the tenant’s entire interestsublease
The tenant must pay the real estate taxes on the leased real property in which of the following casesNet Lease
The landlord should pick a tenant with an excellent large-volume retail business for which of the following leasespercentage lease
When tenants leaves the premises in a condition in which the walls require repainting and the carpeting requires steam-cleaning they have committedreasonable wear and tear
In the situation given in the preceding question tenants are entitled totheir entire security deposit
This termination of tenancy should be done pursuant to court orderforcible entry and detainer
This termination is commonly used for periodic tenanciesnotification
Residential real estate salespeople will likely experience which of the following in their practicea seller refuses to vacate even though closing and possession dates have passed, a purchaser refuses to clase a transaction, purchasers will have to wait for tenant’s lease to expire before they can take possession of realty
In construing a lease a court usuallytries to carry out the intention of the parties as shown in the lease
If residential tenants are eligible to withhold rent from derelict landlords they pay their rent tothe clerk of courts
Residential landlords abuse tenants’ security deposits and may subject themselves to suit when theywait beyond statutory time limit to refund security deposit, kept the security deposit to cover the cost of cleaning and repainting, refuse to itemize damage deductions
An option to renew a leas requiresnotice of exercising the option
An automatic renewal clausewill renew for a like term if neither party gives notice
Premises wholly unfit for their intended use terminate as a tenancy byconstructive eviction
Sellers refuse to vacate their former home after the real estate purchase is closed even though purchasers now have title the proper legal action by purchasers isforcible entry and detainer
Landlords usually have the duty todisclose hazards they know or should know about at the time of leasing
What protects tenants’ right to undisturbed peaceful enjoyment and possession of the leaseholdcovenant of quiet enjoyment
Which of the following persons receives a leasehold consisting of the entire interest of the tenantassignee
When a lease expiresthere was an ending date and no renewal occurred
Landlords’ failure to follow the city health code breachesimplied warranty of habitability
Ohio’s landlord-tenant law can be found in theOhio Revised Code
Purchasers move into the realty before title transfer date they subsequently refuse to close the transaction but remain in possession in addition to breach of contract the sellers have an action inforcible entry and detainer
Which of the following preferences apply in estate lawnone of the above
A valid will must be made by a testatorof sound mind and memory
The person who is appointed by will to distribute the assets in the estate called a(n)executor
Disposition of money by a will is alegacy
Disposition of real property by a will is adevise
Disposition of personal property by a will is abequest
When a disinherited person who would have inherited under the statute of descent and distribution claims the statue should be applied rather then the will that excluded him the legal action is called awill contest
If testator had a premarital contract with his surviving spouse which he follows verbatim in his will’s provisionthe terms of that agreement probably will bind her
Your adult parent is presently competent but wants you to handle his affairs you don’t want to encumber yourself with probate court and you suspect his condition will worsen shortly the easiest legal tool for you to use isa durable power of attorney
A 50-year old man dies suddenly in a plane crash his will leaves his surviving spouse everything and his two adult children nothing the two children can try to elect against the will and probably will takeNothing
Which of the following is used to handle the affairs of an incompetent persondurable power of attorney, guardianship
Mother and father die simultaneously in an auto crash leaving behind three minor children and no will the children willhave a guardian appointed for their care as selected by the probate court judge
Sam and Martha are concerned about their son Homer age 28 inheriting their $500,000 estate and running through all the assets in a few years as homer has never “found himself” Sam and Martha can conserve and manage the assets for Homer by creating atrust
You appoint your sister Mary as guardian of your children in your will MaryCannot also be the executrix, cannot also be the trustee, cannot also be a beneficiary under the will
Will contests include which of the following as named parties to the suitpersons who would take under the will, persons who would take under the statute of descent and distribution, the executor
Whenever a person diesthere may or may not be a need for any of the above because the individual facts determine what is or is not required
A trustee manages trust property only fora beneficiary designated by the trustor until the trust ends
The ultimate issue in a will contest is whetherthe writing produced is the last valid will of codicil of the testator
Devisees receive the real estate with the mortgage lien exonerated whenthe will specifically calls for exoneration of the lien
The proper role of the real estate salesperson in decadents’ estates islisting real estate for sale that the executor or administrator is empowered to sell
If testor adopts his adult stepchild B yet fails to provide for her in his willB can contest the will for the portion she’d be entitled to as a testator’s child under the statute of descent and distribution
The following preference applies in estate lawa complete bypass of probate court , putting all property into survivorship forms of ownership, the use of trusts instead of wills
An executor distributes assets in the estate according to the provisions in thewill
An administrator distributes assets in the estate according to the provisions in thestate statute of descent and distribution
You appoint your sister Betty as trustee in your testamentary trust Bettycannot also be the executrix of the will cannot also be the guardian nominated under the will never could have held your power of attorney
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