MTRES - Montana Real Estate Salesperson

Question 21: A tenant operating an auto shop in Missoula leaves a bolted hydraulic lift behind after the lease expires, never removing it. The landlord now owns the abandoned lift. By what legal principle does the landlord acquire this trade fixture?

Severance

Accession

Annexation by the tenant

Emblements doctrine

Question 22: Each region surveyed under the government system is tied to a single main north-south line and a single main east-west line, from which all townships and ranges are numbered outward. Which pair of reference lines anchors that regional grid?

Township line and range line

Correction line and guide meridian

Section line and quarter line

Principal meridian and baseline

Question 23: A buyer and seller in Kalispell dispute whether a wall-mounted shelf is a fixture. The court asks how firmly it is bolted and whether removal would damage the wall or be easily repaired. Which MARIA test is being applied?

Method of annexation

Relationship of the parties

Adaptation to the property

Agreement of the parties

Question 24: When locating land in the rectangular survey, a strip made up of townships lying one behind another in a north-south column is measured east or west of a principal meridian. Which term correctly identifies this north-south column of townships?

A tier

A section

A meridian

A range

Question 25: Applying the MARIA tests to decide whether an item is a fixture, a Montana court weighs the method of annexation, adaptation, relationship of the parties, and agreement. Which remaining factor is traditionally described as the single most important consideration?

Original cost of the item

How long it stayed attached

Intention of the person attaching

Weight and size of item

Question 26: A rural land agent notes that each township in the government survey is divided into thirty-six smaller squares, each measuring one mile on every side and numbered in a set order. Which term identifies one of these one-mile-square units?

A township

A section

A range

A government lot

Question 27: In the rectangular survey system, dividing lines running parallel to the baseline and to each other create horizontal rows, and each square block of land measuring six miles on every side falls within this framework. What is that six-mile-square block called?

A section

A range

A township

A quarter section

Question 28: A Bozeman seller's title search turns up an old unreleased mortgage and a gap in the ownership record, defects that could make a reasonable buyer doubt the title and refuse to close. What term describes such a defect impairing the title?

A cloud on the title

A marketable title

An abstract of title

A general lien

Question 29: The owner of a Montana ranch sells the mineral estate beneath the land to an energy company while keeping the surface for grazing cattle. The right the company acquired to the oil, gas, and minerals below ground is known as which of the following?

Surface rights

Subsurface rights

Air rights

Riparian rights

Question 30: Before a Billings closing, a title examiner compiles a condensed history of every recorded deed, mortgage, and lien affecting the parcel, then an attorney reviews it and renders a written opinion on the quality of the title. What is this condensed history called?

A chain of title

A title insurance policy

A certificate of occupancy

An abstract of title

Question 31: A downtown developer wants to sell the unused space located directly above an existing low-rise building to a neighboring high-rise project seeking room for expansion. This portion of ownership that concerns the space above the land surface is known by which term?

Air rights

Subsurface rights

Riparian rights

Littoral rights

Question 32: After closing on her home, a buyer promptly records her deed with the county clerk and recorder in Kalispell, placing the document in the public land records where anyone may inspect it. What kind of notice does this recording give to the world?

Actual notice

Direct notice

Constructive notice

Personal notice

Question 33: A contractor who remodeled a Bozeman kitchen was never paid and records a claim against the property that gives him security for the debt and could force a sale if it remains unpaid. Which type of encumbrance describes this claim?

An easement

An encroachment

A license

A lien

Question 34: A Miles City resident dies owning a small house but leaves no will and no traceable heirs anywhere, so no private party is legally entitled to inherit the property. To whom does ownership of the property ultimately pass in this situation?

The county recorder

The state

The listing broker

The mortgage lender

Question 35: A Livingston rancher's valid will leaves his farmland to his daughter, and after his death the property passes to her according to the terms he set out in that document. What is the term for a transfer of real property made by will?

A devise

A bequest

Descent

Escheat

Question 36: A Bozeman tenant signs a lease running from January first through December thirty-first with a definite beginning and a definite ending date. When the final date arrives, the tenant must vacate without any notice being required. Which leasehold estate is this?

A periodic tenancy

An estate for years

An estate at will

An estate at sufferance

Question 37: Instructors often describe fee simple ownership as a set of separate legal rights, including the rights to possess, use, enjoy, exclude others, and dispose of the property. Which phrase names this collection of ownership rights that a full fee owner holds?

The chain of title

The right of survivorship

The unities of ownership

The bundle of rights

Question 38: To settle a possible boundary claim, a neighbor near Flathead Lake signs a deed releasing any interest he might have in a disputed strip without promising he owns anything or warranting the title. Which deed accomplishes this simple release of interest?

General warranty deed

Special warranty deed

Quitclaim deed

Bargain and sale deed

Question 39: An owner conveys a lakefront lot to a friend for the friend's lifetime but names no one to receive the property afterward. When the friend eventually dies, ownership will return to the original grantor. What is the grantor's retained future interest called?

A remainder

An estate at sufferance

A leasehold interest

A reversion

Question 40: A buyer of a Billings residence wants the strongest possible assurances, asking the seller to warrant against title defects arising at any time in the property's entire history, even before the seller owned it. Which type of deed provides this broadest protection to the grantee?

Special warranty deed

General warranty deed

Quitclaim deed

Bargain and sale deed

MTRES Montana Real Estate Salesperson - Set 2 - Part 2

Question 21: A tenant operating an auto shop in Missoula leaves a bolted hydraulic lift behind after the lease expires, never removing it. The landlord now owns the abandoned lift. By what legal principle does the landlord acquire this trade fixture?

Question 22: Each region surveyed under the government system is tied to a single main north-south line and a single main east-west line, from which all townships and ranges are numbered outward. Which pair of reference lines anchors that regional grid?

Question 23: A buyer and seller in Kalispell dispute whether a wall-mounted shelf is a fixture. The court asks how firmly it is bolted and whether removal would damage the wall or be easily repaired. Which MARIA test is being applied?

Question 24: When locating land in the rectangular survey, a strip made up of townships lying one behind another in a north-south column is measured east or west of a principal meridian. Which term correctly identifies this north-south column of townships?

Question 25: Applying the MARIA tests to decide whether an item is a fixture, a Montana court weighs the method of annexation, adaptation, relationship of the parties, and agreement. Which remaining factor is traditionally described as the single most important consideration?

Question 26: A rural land agent notes that each township in the government survey is divided into thirty-six smaller squares, each measuring one mile on every side and numbered in a set order. Which term identifies one of these one-mile-square units?

Question 27: In the rectangular survey system, dividing lines running parallel to the baseline and to each other create horizontal rows, and each square block of land measuring six miles on every side falls within this framework. What is that six-mile-square block called?

Question 28: A Bozeman seller's title search turns up an old unreleased mortgage and a gap in the ownership record, defects that could make a reasonable buyer doubt the title and refuse to close. What term describes such a defect impairing the title?

Question 29: The owner of a Montana ranch sells the mineral estate beneath the land to an energy company while keeping the surface for grazing cattle. The right the company acquired to the oil, gas, and minerals below ground is known as which of the following?

Question 30: Before a Billings closing, a title examiner compiles a condensed history of every recorded deed, mortgage, and lien affecting the parcel, then an attorney reviews it and renders a written opinion on the quality of the title. What is this condensed history called?

Question 31: A downtown developer wants to sell the unused space located directly above an existing low-rise building to a neighboring high-rise project seeking room for expansion. This portion of ownership that concerns the space above the land surface is known by which term?

Question 32: After closing on her home, a buyer promptly records her deed with the county clerk and recorder in Kalispell, placing the document in the public land records where anyone may inspect it. What kind of notice does this recording give to the world?

Question 33: A contractor who remodeled a Bozeman kitchen was never paid and records a claim against the property that gives him security for the debt and could force a sale if it remains unpaid. Which type of encumbrance describes this claim?

Question 34: A Miles City resident dies owning a small house but leaves no will and no traceable heirs anywhere, so no private party is legally entitled to inherit the property. To whom does ownership of the property ultimately pass in this situation?

Question 35: A Livingston rancher's valid will leaves his farmland to his daughter, and after his death the property passes to her according to the terms he set out in that document. What is the term for a transfer of real property made by will?

Question 36: A Bozeman tenant signs a lease running from January first through December thirty-first with a definite beginning and a definite ending date. When the final date arrives, the tenant must vacate without any notice being required. Which leasehold estate is this?

Question 37: Instructors often describe fee simple ownership as a set of separate legal rights, including the rights to possess, use, enjoy, exclude others, and dispose of the property. Which phrase names this collection of ownership rights that a full fee owner holds?

Question 38: To settle a possible boundary claim, a neighbor near Flathead Lake signs a deed releasing any interest he might have in a disputed strip without promising he owns anything or warranting the title. Which deed accomplishes this simple release of interest?

Question 39: An owner conveys a lakefront lot to a friend for the friend's lifetime but names no one to receive the property afterward. When the friend eventually dies, ownership will return to the original grantor. What is the grantor's retained future interest called?

Question 40: A buyer of a Billings residence wants the strongest possible assurances, asking the seller to warrant against title defects arising at any time in the property's entire history, even before the seller owned it. Which type of deed provides this broadest protection to the grantee?

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