EstatePass
Practice Of Real EstateState SpecificMEDIUM

Broker Elena is representing a seller who owns a parcel adjacent to ANCSA village corporation land in western Alaska. A prospective buyer asks Elena whether the neighboring ANCSA parcel could ever be purchased and developed commercially. Elena knows that the neighboring parcel's surface rights are held by the village corporation while the subsurface rights are held by the regional corporation. Which of the following responses by Elena is most accurate and legally appropriate?

Correct Answer

D) The neighboring parcel has severed surface and subsurface rights, and ANCSA restrictions on alienation may prevent or significantly complicate any commercial purchase or development.

Elena's most accurate and appropriate response acknowledges two critical ANCSA realities: first, that surface and subsurface rights on ANCSA lands are frequently severed between village and regional corporations; and second, that ANCSA imposes statutory restrictions on alienation that can prevent or significantly complicate the sale of such lands to non-Native buyers. A licensee has a duty to be truthful and informative about material facts affecting a property or adjacent property, and the ANCSA status of neighboring land is a material fact.

Answer Options
A
The neighboring parcel can be developed commercially as long as the buyer obtains a standard title insurance policy covering both surface and subsurface rights.
B
The neighboring parcel is federally protected land and is permanently off-limits to any private purchase or commercial development under federal law.
C
The neighboring parcel can be purchased freely on the open market because ANCSA corporations are private entities with full fee simple ownership rights.
D
The neighboring parcel has severed surface and subsurface rights, and ANCSA restrictions on alienation may prevent or significantly complicate any commercial purchase or development.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

ancsasevered_rightsalienation_restrictionsbroker_dutiestitle_insurancealaska_specific

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing