CA Real Estate Principles | Chapter 5 Quiz
A promise by a property owner NOT to do something is called a
Covenant. A covenant is a promise to do something or to refrain from doing something. Covenants are often used in leases (e.g., a tenant might promise to use the property only for a specified purpose). The remedy available when a covenant must be enforced will be an injunction or money damages
Which of the following could NOT file a mechanics lien?
Home improvement lender. A mechanic is anyone who performs work on real property or an improvement to real property or furnishes the material used in the work. Persons entitled to a mechanics lien include all those who work or supply materials @ the request of the property owner, or any contractor, subcontractor, architect, builder, or other person placed in charge of all or part of a project
A notice of non-responsibility would protect an owner from
a mechanic's lien. The owner of real estate has protection if unauthorized work is begun on the property by posting a notice of non responsibility in a conspicuous place on the land & recording a copy of the notice w/ the county recorder w/ 10 days of learning of the construction, repair, or other work. The notice must include a property description; the name, address, & property interest of the owner or other person giving notice; & a brief statement that the person giving notice is not responsible for any claims arising from the work
A prohibition in a deed against a property use is known as
a restriction. Any form of restriction is a limitation on the use of land. The most common private restrictions are the covenants, conditions, & restrictions found in a deed. Subdivision developers frequently make use of deed restrictions to ensure that the uniform appearance of the homes in a subdivision is maintained
The right of an owner of a parcel of land to travel over an adjoining parcel of land is known as
an easement. The right of use for a particular purpose or to travel over someone else is land is called an easement. An easement usually is the right of the owner of a parcel of land to ravel over an adjoining parcel
When a landowner has the right to travel over the property of an adjoining landowner, the property that benefits from the easement right is called the
dominant tenement. The land over which the easement runs is called the servient tenement
Liens are classified as
encumbrances. An encumbrance is anything that has an effect on the fee simple title to real estate or the use of the property. A lien is an encumbrance that makes property security for the payment of a debt or discharge of an obligation
An improvement that extends onto an adjacent property w/out permission is an
enrichment. An enrichment occurs when part of an improvement extends over the boundary line between properties w/out permission. Fences & buildings are typical forms of enrichment. Even the roof cave of a building can be an encroachment if it extends into the airspace of a neighboring lot.
A mechanics lien requires
preliminary notice. If a mechanics lien will be filled, preliminary notice of intent to file the lien must be hand-delivered or sent by the first-class registered or certified mail to the property owner, general contractor (if any), and construction lender (if any)
A condition that would prohibit a property owner from transferring title to the property is known as a
restraint on alienation. A restraint on alienation is any condition that prohibits a property owner from transferring title to the property & is not legally recognized. An example would be a condition that the grantor's consent be obtained before the grantee could sell the property. Such a restraint is void-totally ineffective- & the grantee holds the property free of the restraint
