MTRES - Montana Real Estate Salesperson

Question 1: For well beyond the statutory period, a neighbor has driven daily across the corner of an adjoining owner's land openly and without permission, and the owner never objected. Which doctrine BEST supports the neighbor's claim to a permanent right of passage?

Easement by necessity

Adverse possession of title

A revocable license

Easement by prescription

Question 2: A rear lot enjoys a driveway easement across a neighboring front lot to reach the street. Considering both parcels, which statement BEST describes the relationship between the benefited rear lot and the burdened front lot in this easement arrangement?

Rear is dominant, front servient

Front is dominant, rear servient

Both parcels are dominant tenements

Both parcels are servient tenements

Question 3: A ranch buyer near Bozeman insists that two identical parcels sell for very different prices only because one enjoys a coveted mountain-view address that buyers strongly prefer. Which economic characteristic BEST explains this price gap between otherwise equivalent tracts?

Scarcity of the parcels

Permanence of the investment

Area preference

Nonhomogeneity of the land

Question 4: A county enacts a wetlands regulation so restrictive that it deprives an owner of nearly all economically viable use of her land, yet the county pays nothing. Which concept BEST describes the owner's strongest legal argument against the county?

A lawful exercise of police power

Eminent domain without a filing

Escheat of the restricted land

A regulatory taking occurred

Question 5: A tenant welds a pizza oven together inside a leased Bozeman storefront and sets it in concrete, so removal would cause structural damage. When the lease ends, which outcome BEST describes the oven's likely status under the fixture tests?

A fixture belonging to the landlord

A removable trade fixture

Personal property of the tenant

An emblement the tenant harvests

Question 6: A buyer purchases a landlocked farmland parcel that was carved out of a larger tract and has no access to any public road except across the seller's remaining land. On what basis can a court grant the buyer an access easement?

Easement by prescription

Easement in gross

Easement by necessity

License by estoppel

Question 7: A utility company holds a recorded right to run power lines across a rural tract, and the right belongs to the company rather than to any neighboring parcel of land. Which type of easement best fits this utility right?

An easement appurtenant

An easement by necessity

A license

An easement in gross

Question 8: Two adjoining farm parcels share a boundary, and the rear parcel holds a recorded right to cross the front parcel's lane to reach the public road. This right passes automatically to whoever later buys the rear parcel. Which type of easement is this?

An easement in gross

A license

An easement appurtenant

An easement by prescription

Question 9: An investor notes that the capital poured into a Kalispell subdivision's roads, water lines, sewers, and electrical service represents a large fixed outlay whose return is long term and stable, remaining even if buildings are razed. Which economic characteristic is this?

Scarcity

Immobility

Nonhomogeneity

Permanence of investment

Question 10: Owners in a lakefront community near Whitefish elect a board that enforces the recorded restrictions, collects annual dues, and maintains the shared docks and common roads. Which private organization exercises this authority over the individual property owners in the development?

The homeowners association

The zoning board of appeals

The county planning commission

The board of realty regulation

Question 11: When a large regional shopping center is built beside a ranchette outside Billings, the values of nearby parcels and the whole community shift noticeably. This ripple effect that one built addition has on surrounding land reflects which economic characteristic?

Scarcity

Improvements

Situs

Indestructibility

Question 12: A developer explains that although vast acreage still lies undeveloped nationwide, the amount of buildable land within Bozeman's most desirable school district suitable for new homes is genuinely limited. Which economic characteristic of land does this limited supply illustrate?

Scarcity

Immobility

Area preference

Improvements

Question 13: A small grocery store has operated legally on a Great Falls corner for years, but the city later rezones the surrounding blocks exclusively residential. The store may keep operating despite the new rule. What is this continuing use called?

A variance

A special use permit

An illegal use

A legal nonconforming use

Question 14: An instructor notes that a load of lumber sold at a store, then built into a Bozeman log home's wall, then salvaged and stacked again for resale, has shifted categories more than once. This illustrates which principle about property?

Property classification is permanent

Only courts can reclassify property

Classification can change with use

Lumber is always personal property

Question 15: A Helena homeowner on an unusually narrow lot cannot meet the side-yard setback required by the zoning ordinance and applies to the zoning board for permission to build slightly closer to the line than the rules allow. What is she requesting?

A nonconforming use

A variance

A special use permit

A rezoning amendment

Question 16: A listing agent in Kalispell knows that the chandelier, draperies, and built-in bookcases are the items that buyers and sellers most often argue about. To prevent a later dispute over what stays, where should these items be specifically addressed?

Only in a spoken agreement

In the recorded deed alone

In the written sales contract

On a separate warranty card

Question 17: A city divides its land into districts and specifies that one district permits only single-family homes while another allows retail stores, controlling the type and density of development in each area. Which exercise of police power does this represent?

Zoning

Eminent domain

A restrictive covenant

Escheat

Question 18: When a Bozeman cattle ranch changes hands, the land and the barn pass to the buyer by deed, while the tractor, loose tools, and livestock are transferred separately. Which document conveys that movable personal property from seller to buyer?

A warranty deed

A quitclaim deed

A promissory note

A bill of sale

Question 19: The Montana Department of Transportation needs a strip of a farmer's land near Helena to widen a highway, and the owner refuses to sell, so the state files a legal action to take the property and pay its fair value. What is this action called?

Escheat

Adverse possession

Condemnation

Foreclosure

Question 20: A farm tenant near Billings plants and cultivates a wheat crop each spring. Even after the lease ends, the law lets that tenant return to harvest the crop produced by their labor. What are such annually cultivated crops legally called?

Emblements

Fructus naturales

Fixtures

Appurtenances

MTRES Montana Real Estate Salesperson - Set 2 - Part 1

Question 1: For well beyond the statutory period, a neighbor has driven daily across the corner of an adjoining owner's land openly and without permission, and the owner never objected. Which doctrine BEST supports the neighbor's claim to a permanent right of passage?

Question 2: A rear lot enjoys a driveway easement across a neighboring front lot to reach the street. Considering both parcels, which statement BEST describes the relationship between the benefited rear lot and the burdened front lot in this easement arrangement?

Question 3: A ranch buyer near Bozeman insists that two identical parcels sell for very different prices only because one enjoys a coveted mountain-view address that buyers strongly prefer. Which economic characteristic BEST explains this price gap between otherwise equivalent tracts?

Question 4: A county enacts a wetlands regulation so restrictive that it deprives an owner of nearly all economically viable use of her land, yet the county pays nothing. Which concept BEST describes the owner's strongest legal argument against the county?

Question 5: A tenant welds a pizza oven together inside a leased Bozeman storefront and sets it in concrete, so removal would cause structural damage. When the lease ends, which outcome BEST describes the oven's likely status under the fixture tests?

Question 6: A buyer purchases a landlocked farmland parcel that was carved out of a larger tract and has no access to any public road except across the seller's remaining land. On what basis can a court grant the buyer an access easement?

Question 7: A utility company holds a recorded right to run power lines across a rural tract, and the right belongs to the company rather than to any neighboring parcel of land. Which type of easement best fits this utility right?

Question 8: Two adjoining farm parcels share a boundary, and the rear parcel holds a recorded right to cross the front parcel's lane to reach the public road. This right passes automatically to whoever later buys the rear parcel. Which type of easement is this?

Question 9: An investor notes that the capital poured into a Kalispell subdivision's roads, water lines, sewers, and electrical service represents a large fixed outlay whose return is long term and stable, remaining even if buildings are razed. Which economic characteristic is this?

Question 10: Owners in a lakefront community near Whitefish elect a board that enforces the recorded restrictions, collects annual dues, and maintains the shared docks and common roads. Which private organization exercises this authority over the individual property owners in the development?

Question 11: When a large regional shopping center is built beside a ranchette outside Billings, the values of nearby parcels and the whole community shift noticeably. This ripple effect that one built addition has on surrounding land reflects which economic characteristic?

Question 12: A developer explains that although vast acreage still lies undeveloped nationwide, the amount of buildable land within Bozeman's most desirable school district suitable for new homes is genuinely limited. Which economic characteristic of land does this limited supply illustrate?

Question 13: A small grocery store has operated legally on a Great Falls corner for years, but the city later rezones the surrounding blocks exclusively residential. The store may keep operating despite the new rule. What is this continuing use called?

Question 14: An instructor notes that a load of lumber sold at a store, then built into a Bozeman log home's wall, then salvaged and stacked again for resale, has shifted categories more than once. This illustrates which principle about property?

Question 15: A Helena homeowner on an unusually narrow lot cannot meet the side-yard setback required by the zoning ordinance and applies to the zoning board for permission to build slightly closer to the line than the rules allow. What is she requesting?

Question 16: A listing agent in Kalispell knows that the chandelier, draperies, and built-in bookcases are the items that buyers and sellers most often argue about. To prevent a later dispute over what stays, where should these items be specifically addressed?

Question 17: A city divides its land into districts and specifies that one district permits only single-family homes while another allows retail stores, controlling the type and density of development in each area. Which exercise of police power does this represent?

Question 18: When a Bozeman cattle ranch changes hands, the land and the barn pass to the buyer by deed, while the tractor, loose tools, and livestock are transferred separately. Which document conveys that movable personal property from seller to buyer?

Question 19: The Montana Department of Transportation needs a strip of a farmer's land near Helena to widen a highway, and the owner refuses to sell, so the state files a legal action to take the property and pay its fair value. What is this action called?

Question 20: A farm tenant near Billings plants and cultivates a wheat crop each spring. Even after the lease ends, the law lets that tenant return to harvest the crop produced by their labor. What are such annually cultivated crops legally called?

Need Guaranteed Results?