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Florida Real Estate Exam Practice Questions: Property Rights and Land Use
4 practice questions on property rights and land use for the Florida real estate sales associate exam. Each one has the correct answer, a full explanation of why the other options are wrong, and the statute it comes from.
What this topic covers
Interests, zoning, and legal descriptions. Questions here test estates and interests in land, zoning and land-use controls, and how property is legally described.
Sources these questions cite include: § 689.01, Fla. Stat..
Question 1
For how many years must a claimant make open, continuous, adverse use of another's land in order to acquire a prescriptive easement in Florida?
- A. Seven years
- B. Ten years
- C. Thirty years
- D. Twenty years
Show the answer and explanation
Correct answer: D.
A prescriptive easement requires actual, continuous, uninterrupted use for 20 years that is adverse to the owner, under a claim of right, and with the owner's knowledge or constructive notice. Use with the owner's permission is not adverse. A is wrong because seven years is the period for adverse possession of land, not for a prescriptive easement. B is wrong because Florida law does not use a ten-year period here. C is wrong because the period is twenty years.
Source: Downing v. Bird, 100 So. 2d 57 (Fla. 1958)
Question 2
A restaurant has operated lawfully for 30 years. The city then rezones the area for residential use only. What is the status of the restaurant?
- A. It is a legal nonconforming use, so it may generally continue.
- B. It is an illegal use that must close immediately.
- C. It is a variance that the city granted automatically.
- D. It is an easement by necessity.
Show the answer and explanation
Correct answer: A.
A nonconforming use is a lawful use that predates a zoning change. Many ordinances restrict expanding it, or end it if it is abandoned or destroyed. B is wrong because a lawful existing use is generally allowed to continue after the rezoning. C is wrong because a variance is a specific approval, not an automatic result of rezoning. D is wrong because an easement is not a zoning status.
Source: Common law; local zoning ordinances
Question 3
In the rectangular (government) survey system, how many acres are in a standard section, and how many sections make up a standard township?
- A. A section is 160 acres, and a township has 16 sections.
- B. A section is 640 acres, and a township has 36 sections.
- C. A section is 320 acres, and a township has 24 sections.
- D. A section is 640 acres, and a township has 16 sections.
Show the answer and explanation
Correct answer: B.
A section is one square mile, or 640 acres. A township is six miles square and contains 36 sections, for 23,040 acres. A is wrong because 160 acres is a quarter section and a township has 36 sections. C is wrong because a section is 640 acres, and 320 is a half section. D is wrong because a township is 6 miles by 6 miles and has 36 sections.
Source: Public Land Survey System; Ch. 177, Fla. Stat.
Question 4
Owner Cruz's property is zoned for single-family use, and Cruz wants to build a house with a side yard three feet closer to the boundary than the ordinance allows because of an oddly shaped lot. Which approval does Cruz ask for?
- A. A rezoning, which changes the property's zoning classification.
- B. A nonconforming use, which is a use that existed before the zoning change.
- C. An easement, which is the right to use another's land.
- D. A variance, which is permission to depart from a zoning standard because of hardship
Show the answer and explanation
Correct answer: D.
Zoning is an exercise of the government's police power. A variance permits a departure from a zoning standard, such as a setback, when strict application would cause an unnecessary hardship. A rezoning changes the district itself. A is wrong because Cruz wants to keep the zoning and depart from a setback standard. B is wrong because Cruz is proposing a new building, not an existing use. C is wrong because an easement is a property right and is not a zoning approval.
Source: Euclid v. Ambler Realty Co., 272 U.S. 365 (1926)
Want more on this topic?
The full Prep475 kit has 15 questions on property rights and land use, all with the same statute-cited explanations, plus a timed 100-question exam simulation.
Independent study aid, not legal advice. Not affiliated with or endorsed by the Florida Real Estate Commission, the DBPR, or Pearson VUE. Questions are original practice questions, not actual exam questions. Statutes, rules, and exam details change; always confirm against current Florida law and your pre-licensing course materials.
Last reviewed October 20, 2026.