Retake Recovery Practice Set Preview

1. A.Require the trust to be dissolved before listing
2. B.Ask the beneficiaries to sign the listing
3. C.Obtain a court order approving the sale
4. D.Confirm the trustee has authority to sell

Why each choice works or fails

• A. Trust property is sold routinely without ending the trust.
• B. A beneficiary’s equitable interest does not by itself give the beneficiary the trustee’s signing authority.
• C. Court approval is not generally required when the trust instrument grants the power to sell.
• D. Correct. Confirm the trustee's authority to sell under the trust instrument.

Rule to remember: Before listing trust property, confirm the trustee has authority under the trust to sell.

1. A.0.06 acres
2. B.10 acres
3. C.90 acres
4. D.100 acres

Why each choice works or fails

• A. 0.06 acres divides the 2,640-foot perimeter by 43,560 instead of the area.
• B. Correct. 435,600 / 43,560 = 10 acres.
• C. 90 acres divides by 4,840, the square yards in an acre, instead of 43,560 square feet.
• D. 100 acres divides by 4,356 instead of 43,560, a dropped digit.

Work it through

1. 660 x 660 = 435,600 sq ft
2. 435,600 / 43,560 = 10 acres

Rule to remember: An acre is 43,560 square feet. Multiply the sides, then divide by 43,560.

1. A.Give the neighbor written permission to use the strip
2. B.Wait and raise the issue whenever the land is sold
3. C.Keep paying all of the property taxes on the strip
4. D.Post a sign on the strip without contacting the neighbor

Why each choice works or fails

• A. Correct. Written permission makes the use permissive, which defeats the hostility element and stops the clock.
• B. Waiting lets the period keep running, and the claim may ripen before any sale.
• C. Paying taxes does not interrupt the neighbor's open, hostile possession.
• D. A sign alone does not grant permission or dispossess the neighbor, so the possession stays hostile and the clock keeps running.

Rule to remember: Adverse possession needs open, hostile, continuous use for the full period. Permission or a lawsuit stops it.

1. A.A well drilled on the parcel
2. B.Oak trees growing on the lot
3. C.A detached garage on a slab
4. D.A tractor parked in the barn

Why each choice works or fails

• A. A drilled well is a permanent improvement to the land.
• B. Candidates think anything alive is personal property, but naturally growing trees are part of the real estate.
• C. A garage built on a slab is a permanent improvement, even though it is detached.
• D. Correct. Movable equipment remains personal property.

Rule to remember: Land, what grows naturally on it, and what is permanently attached are real property. Movable equipment is not.

1. A.A life estate pur autre vie
2. B.A remainder interest
3. C.A reversion
4. D.A leasehold estate

Why each choice works or fails

• A. Candidates see Anne's life in the grant and think pur autre vie. It is Anne who holds the life estate; the son holds the future interest.
• B. Correct. A third party named to take after the life estate holds a remainder.
• C. A reversion returns to the grantor, not to a named third party.
• D. A leasehold is a tenant's right under a lease, not a future ownership interest.

Rule to remember: Future interest to a third party is a remainder. Back to the grantor is a reversion.