CH 4 - encumbrances

Easement of Prescription

As we said earlier, as a general rule merely failing to use an easement does not cause it to terminate.There's an exception, however: after a period of nonuse (in California, five years), a prescriptive easement will terminate automatically. That rule applies only to easements created by prescription, though.

Avulsion

Avulsion occurs when land is violently torn away by flowing water, or when there is a sudden change in a watercourse.

The servient tenant builds a fence that prevents the dominant tenant from using the easement. The fence remains in place for the statutory period of time, so the easement is terminated by this method.

Easement Prescription - An easement is terminated by prescription if the servient tenant prevents the dominant tenant from using it for the statutory period.

condemnation

Eminent domain is the government's power to take private property for a public use. Condemnation is the legal procedure used to force an unwilling property owner to sell. The government must pay just compensation to the owner.

Easement Merger

If the dominant and servient properties come to be owned by the same person, the easement terminates by merger.

Competent grantor

In California, a grantor is legally competent if she is at least 18 years old and of sound mind.

Policy of title insurance

In California, the use of an abstract of title has been largely replaced by the use of a:

Express Grant

To create an easement against her property for the benefit of someone else, a property owner must put the grant of easement in writing.The grantee should have the deed or other document recorded.

condemnation

When the government needs a particular piece of private property for a public purpose (a highway or a public school, for example), it has the constitutional power to force the private owner to sell it.This is carried out by the legal process known as condemnation.

Suite or partition

In a partition suit, the court divides property owned by two or more people among the co-owners. If the property itself can't be divided, then it will be sold and the sale proceeds will be divided up.

Delivery and acceptance of deed

In general, a deed must be delivered to and accepted by the grantee or the grantee's agent while the grantor is alive.The grantor must have the intention of immediately transferring title to the grantee.

A railway easement was established for a railway line to serve a coal mine. Many years later, the coal mine closes permanently and the railway line is no longer needed. The easement is terminated by this method.

Failure of purpose - When an easement was established for a specific purpose and that purpose ends, the easement terminates by failure of purpose.

A parcel of property is divided into more than one lot. The grantor neglects to create a necessary access easement on one lot for the benefit of the other. The required easement would be created by this method.

Correct! An easement may arise by implication when a property is divided into more than one lot and the grantor neglects to grant or reserve an easement on one lot for the benefit of the other.

Paul owned two vacant parcels of land; he sold the front parcel of land to Alice but reserved an easement across her property for road access. Paul did not use the easement for a period of 15 years. When Paul returned to build on his lot, Alice claimed the easement was now null and void. A court would find that the easement was: Select your answer below: A.valid, because easements created by deed cannot ever terminate merely due to nonuse B.invalid, because an owner cannot grant himself an easement C.invalid, because the period of nonuse exceeded the limit D.valid, because the period of nonuse was less than 20 year

D. valid, because the period of nonuse was less than 20 years An easement created by express grant or reservation can be terminated by a court after 20 years of nonuse. Here Paul's period of nonuse was only 15 years, so a court would rule that the easement was still valid. (Prescriptive easements terminate automatically after five years of nonuse, but this was not a prescriptive easement.)

Dedication is the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park.

Dedication is the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park. is the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park.

Grantor

In a deed, the property owner is called the grantor.

Floreclosure

In a foreclosure, a creditor with a lien against property asks the court to have the property sold. The lien will be paid off out of the foreclosure sale proceeds.

Quiet tittle action

In a quiet title action, the court resolves claims against a property to clear away clouds and make the owner's title marketable.

Easement by Prescription

Created through continual use over a certain period of time. It must be continual, visible, & w/o approval. Example - a private road becomes public.

Easement by necessity

Created when no other access to land exists...right of ingress & egress

Conditions

In the rare case when a private restriction is interpreted as a condition, violation of the restriction can lead to title being forfeited.

Grant Deed

A grant deed is the most commonly used type of deed for ordinary real estate transactions in California.It makes two promises: 1) that the grantor has not previously conveyed title to anyone else, and 2) that the grantor has not caused any encumbrances to attach to the property other than those already disclosed.

deed

A deed is the document a private landowner uses to transfer real property to someone else.

Competent Parties

A deed is valid only if the grantor is legally competent when she signs it. In other words, the grantor must be an adult of sound mind.In California, a grantor must be at least 18 years old to execute a valid deed.

Exclusions and reservations clause

A deed may include a list of the encumbrances that will burden the grantee's title.This is called an exclusions and reservations clause.

statute of frauds

A deed must always be in writing.The statute of frauds is a state law that requires certain types of contracts and transactions to be put into writing.Under the statute, an oral conveyance of title to real property is not valid.

essential elements

A deed must be in writing. It must identify the parties, be signed by a competent grantor, and specify a living grantee.It must include words of conveyance and an adequate property description. The deed must also be acknowledged, delivered, and accepted.

A deed is signed by

A deed must be signed by the grantor. A deed without the grantor's signature is ineffective, even if it has all of the other elements needed for validity.A grantor may sign with a mark, if the mark is witnessed.Deeds from corporations are usually signed by a corporate officer who is authorized by the board of directors to convey property.In contrast, the grantee's signature isn't necessary. In fact, the grantee ordinarily doesn't sign the deed.

The type of title a grantee has if her deed contains a condition.

A deed that imposes a condition on the grantee's ownership creates a fee simple defeasible (also called a qualified fee or a conditional fee).

Lis Pendens

A lis pendens is recorded to provide constructive notice that a lawsuit has been filed that may affect title to a specified property.

Transfer by Deed

A living person may transfer real property by a deed. The completed transfer is called a conveyance or a grant. The verbs used to describe the transfer are convey or grant. The person who makes the transfer is the grantor, while the recipient is the grantee.

Color of Title

A person who claims title to property based on a defective deed or other document is said to have color of title.

Express reservation easement

A property owner who is transferring part of his property to someone else may reserve an easement against the parcel he's selling for the benefit of the property he's keeping.

Reference to a recorded plat

A purchaser of subdivided property receives easements to use all roads and alleys shown on the plat recorded by the subdivider

Quitclaim Deed

A quitclaim deed offers no warranties, conveys no after-acquired title, and creates no liability for the grantor. It is typically used to clear away clouds on title.

The recorded declaration of restrictions for a subdivision.

A subdivision's declaration of restrictions is called the CC&Rs.

Which of these is an example of an encroachment?

A tool shed built partially over boundary on neighbor's land

bequest

A transfer of personal property by will is called a bequest, and the recipients are called legatees. A testator bequeaths personal property to a legatee.

devise

A transfer of real property by will is called a devise. A testator devises real property to devisees.

Words of Conveyance

A valid deed must include words of conveyance0

Deed restrictions are: Select your answer below: A.encumbrances B.general liens C.specific liens D.All of the above

A. encumbrances Deed restrictions (restrictive covenants) are a type of encumbrance. However, they affect the use of the encumbered property and do not represent a financial interest in it, so they are not liens.

If a zoning law permits a certain use in a subdivision where that use is prohibited by deed restrictions, which will prevail? Select your answer below: A.Deed restrictions B.Variance C.Zoning law D.General plan

A.Deed restrictions When there is a conflict between the zoning and the private restrictions that apply to a property, the one that imposes a stricter requirement prevails. In this case, the deed restrictions are more stringent than the zoning law, so the use is not allowed.

The personal, revocable, and unassignable permission or authority to do one or more acts on the property of another, without possessing any interest therein, is the definition of a/an: Select your answer below: A.license B.encroachment C.easement D.option

A.license

How deed restrictions are almost always classified.

Covenants The vast majority of private restrictions are covenants, not conditions.

Deed restrictions for a subdivision development are created by: Select your answer below: A.the developer or grantor B.the FHA C.state statutes and local ordinances D.the lender

A.the developer or grantor As the name suggests, deed restrictions are created in a deed, by the grantor. In the case of subdivision lots, the original grantor is the subdivision developer. A developer usually imposes restrictions on all lots in the subdivision by recording a declaration of restrictions (CC&Rs) and referencing the declaration in the first deed for each lot.

Continuous and uninterrupted possession

Adverse possession must be continuous and uninterrupted throughout the required five-year period.

Open and Notorious Possession

Adverse possession must be open and notorious, not hidden, to put the true owner on notice that someone else is using the property

Alienation

Alienation is a general term that refers to all of the different methods by which real property can be transferred from one person to another.Whether accomplished by means of a deed, a will, foreclosure, or in any other way, a transfer of ownership is a form of alienation.Alienation is the opposite of acquisition of property.

Acquisition

Alienation is most nearly the opposite of:

Easement Grant

An easement by express grant is created when a property owner signs a document granting someone else an easement on her property.The owner deliberately makes her property into a servient tenement.

implication

An easement by implication arises when part of a larger property is sold and the seller fails to grant or reserve an express easement.The easement by implication must be reasonably necessary, and there must have been apparent prior use at the time of sale.

Prescription

An easement by prescription is created through long-term use of property without the owner's permission.

Easement Termination - Abandonment

An easement can be terminated by abandonment, but abandonment generally involves more than mere failure to use the easement.For an easement to be terminated by abandonment, the easement holder (the dominant tenant) must do something that indicates an intent to stop using the easement forever.

Easement Failure of Purpose

An easement is a right to use another's property for a particular purpose, and if that purpose no longer exists, neither does the easement. Here's an example.A railroad had a 50-foot easement across part of Larry's property. Train service to that area has been permanently discontinued, and the tracks have been torn up.The purpose of the easement no longer exists, so the easement is terminated. It's no longer an encumbrance on Larry's title.

Dedication

An easement is created by dedication if a private owner donates easement rights to the government.Long-term public use can result in implied dedication.

The owner of a large parcel of land is selling the back portion of the lot and retaining the portion that abuts the street. He's going to create an access easement for the buyer in the deed using this method.

An easement is created by express grant when the owner of the servient tenement grants an easement to another person in a deed or other document.

A grantor is conveying the half of her land that's next to the street. She's going to create an access easement for herself in the deed by this method.

An easement is created by express reservation when a landowner divides her property, reserving an easement in the servient tenement for herself in the deed.

Easement release

An easement is terminated by release if the dominant tenant agrees to give up the interest.A written release is required; usually the dominant tenant executes a quitclaim deed in favor of the servient tenant, and the servient tenant records the deed.

An easement that is created by long, continuous use of another's land without the owner's permission is created by this method.

An easement may be created by prescription when property belonging to another is used openly and without the owner's permission for the period prescribed by statute.

Will

An owner uses a will to transfer property after her death. As a general rule, a will is valid only if it is in writing and signed by the testator in the presence of two witnesses.

Private restrictions:

Are binding on subsequent owners of the property

A developer subdivided a large parcel and imposed a deed restriction requiring a 15,000 square-foot minimum lot size. The local planning commission then designated the area in which the subdivision was located as requiring a 10,000 square-foot minimum lot size. Which requirement would prevail? Select your answer below: A.Zoning laws B.Deed restriction C.Whichever was recorded first D.The developer would be required to create new requirements in line with the new zoning regulations

B Deed restriction In this case, the deed restriction would prevail. Where there is a conflict, the more stringent of the two restrictions will apply, regardless of which was implemented first. Here, the deed restriction requires a larger lot size than the zoning regulations do. Larger lot size requirements mean a developer can't subdivide into as many lots; a smaller lot size minimum is therefore less restrictive.

Which of the following is least likely to make title to real property unmarketable? Select your answer below: A.A cloud on title caused by adverse possession of the property B.Private restrictions imposed through a deed C.Public restrictions such as zoning ordinances or building codes D.A lis pendens filed by the wife of the property owner

B. Private restrictions imposed through a deed Private restrictions generally do not make title unmarketable; in fact, they may make the property more attractive by protecting property values. Public restrictions do not directly make title unmarketable, but strict zoning restrictions might make the property undesirable.

Which of the following is not a lien against real property? Select your answer below: A.Unpaid real property taxes B.Recorded private restrictions C.A special assessment bond for street improvements D.A recorded abstract of judgment

B. Recorded private restrictions Private restrictions are an encumbrance on real property. However, they affect use and do not represent a financial interest in the property, so they are not liens.

When the proceeds of a foreclosure sale aren't enough to pay off all of the liens against the property:

B. The lien with the highest priority is paid off first, even if there is no money left over for the other liens

A deed to an unlocated easement is: Select your answer below: A.void for lack of certainty B.valid C.voidable D.unenforceable

B. Valid

Private restrictions on land may be created by: Select your answer below: A.deed only B.deed or written agreement C.written agreement or zoning ordinance D.deed or zoning ordinance

B. deed or written agreement Private restrictions may be created by the grantor in a deed when property is transferred to a new owner, or by written agreement at any time. Zoning ordinances restrict how property is used, but they are public, not private, restrictions.

If an improvement illegally extends onto a neighboring property, it is considered a/an: Select your answer below: A.encumbrance B.encroachment C.easement D.license

B.encroachment An encroachment occurs when something on one property, such as a tree or a structure, extends onto a neighboring property. An encroachment isn't an encumbrance, since the encroacher doesn't have a right or interest in the neighboring property.

A condominium unit's seller gave a deed, containing CC&Rs, to the buyer. The buyer objected to the CC&Rs, so the seller provided a written release saying the CC&Rs did not apply to the buyer. Which of the following is true? Select your answer below: A.The release is not effective, because CC&Rs apply only to first purchasers B.The release is not effective, because the release terminology must be written into the grant deed C.The release is not effective, because CC&Rs cannot be abandoned; they're present for the benefit of all of the condominium's residents D.The release is effective, because the seller has absolute control over the fee simple interest

C. .The release is not effective, because CC&Rs cannot be abandoned; they're present for the benefit of all of the condominium's residents Covenants, conditions, and restrictions (private restrictions, in other words) cannot be invalidated in a subsequent sale. They are imposed by a previous owner and continue to "run with the land."

Which of the following methods would create an easement that would be easiest to terminate for nonuse? Select your answer below: A.Express reservation B.Implication C.Prescription D.Quitclaim deed

C.Prescription Easements created by prescription terminate automatically after only five years of nonuse. With easements created by other methods, the servient tenant can file a lawsuit asking a court to declare the easement terminated due to nonuse, but only after the dominant tenant has failed to use the easement for 20 years.

All of the following are requirements for the creation of an easement by prescription, except: Select your answer below: A.an open and notorious use that is continued and uninterrupted for five years B.possession under some claim of right or color of title C.a disagreement with the owner D.a use which is hostile or adverse to the true owner's title

C.a disagreement with the owner Prescriptive use must be hostile, but that doesn't mean it must involve a confrontation with the owner. It only has to be without the owner's permission.

A court order stopping a person from burning rubbish on his own property would be a/an: Select your answer below: A.mandatory lien B.indenture C.injunction D.writ of mandamus

C.injunction

The holder of an easement may terminate the easement by recording a: Select your answer below: A.defeasance clause B.notice of nonresponsibility C.quitclaim deed D.deed of reconveyance

C.quitclaim deed

The government exercises its power of eminent domain to create an easement for a public purpose by this method.

Correct!An easement is created by condemnation when the government exercises its power of eminent domain to condemn private property to establish an easement for a public purpose.

An easement is permanent and non-revocable, while a license is temporary and revocable

Correct!An easement is permanent and non-revocable; a license is temporary and revocable.

An easement may be terminated by: Select your answer below: A.conveyance of the servient tenement to a new owner B.revocation by the holder of the easement C.a release from the owner of the servient tenement D.a release by the owner of the dominant tenement

D. An easement may be terminated by: Select your answer below: The owner of the dominant tenement may terminate an easement by release. (An easement runs with the land, so conveyance of the servient tenement doesn't terminate the easement.)

Which of the following "runs with the land"? Select your answer below: A.Easements appurtenant B.Covenants C.Stock in a mutual water company D.All of the above

D.All of the above

Janet builds a fence that blocks her own use of an easement she no longer needs, terminating the easement by this method.

Easement Abandoment - Abandonment occurs when the easement holder does something that clearly indicates she no longer intends to use the easement.

A private restriction is always one of these.

Encumbrances

An encroachment is legally classified as an encumbrance.

False Incorrect.Technically, an encroachment is not an encumbrance, because it is not a right or interest held by the encroacher.

A license to use another's land creates a temporary interest in that land for the license holder.

False Incorrect.A license does not create an interest in the property

If ignored, a license could ripen into a prescriptive easement or even title by adverse possession.

False - Correct!A license is permission to use another's property. Because the use is by permission, it could never grow into a prescriptive right or title.

A right to enter another's land and take something away from it, such as timber or minerals, is called a license. True / False

False - A right to enter another's property and take something away from it is a profit, not a license.

The holder of a profit has a possessory interest in the land.

False. A profit is a nonpossessory interest

two basic requirements for an easement by implication.

First, the easement must be reasonably necessary for the enjoyment of the dominant tenement.Second, there must have been apparent prior use at the time of the sale.The "apparent prior use" requirement ensures that the owner of the servient tenement had good reason to expect that the owner of the dominant tenement would use the existing access route for ingress and egress.

after-acquired title

Grant deeds convey after-acquired title. If the grantor did not own the property when the deed was executed, but acquires title later, then title passes to the grantee.

An easement can be terminated by release:

If the dominiant tenant is willing to give it up

A private landowner grants an easement to the public to use a portion of his property by this method.

Incorrect.An easement is created by dedication when a private landowner grants an easement to the public.

A court order directing a property owner to comply with a deed restriction.

Injunction n injunction is a court order prohibiting someone from performing an act, or commanding performance of an act.

Intestate succession of real property will occur if the property's owner:

Intestate succession of real property will occur if the property's owner: Select your answer below: A.executed a holographic will B.did not name all of his formal heirs in a valid will C.died without executing a valid will D.In any of the above situations Answer is C

grantee must be alive

It isn't necessary for the grantee to be legally competent, but the grantee must be alive at the time of the conveyance.A valid deed requires a living grantee. If the grantee is fictitious (i.e., nonexistent) or dead, the deed does not transfer title.

Servient Tenement

Land on which an easement exists in favor of an adjacent property (called dominant estate); also called a servient estate.

recital of consideration

Many deeds include a recital of consideration as an indication that the conveyance was not a gift to the grantee.

The dominant tenant acquires title to the servient tenement, and so the easement is terminated by this method.

Merger - If the dominant and servient tenements come under one ownership, the easement is extinguished by merger.

CR&R's

Most subdivisions have a declaration of restrictions imposed by the original developer. These subdivision restrictions are also called CC&Rs, which stands for covenants, conditions, and restrictions.The CC&Rs may be enforced by a homeowners association, or else by homeowners within the subdivision.

Bankruptcy

Once a debtor files for bankruptcy, the court may order her property distributed to creditors. Real property may be sold and the proceeds used to satisfy creditors' claims.

Hostile Possession

Possession is hostile to the owner's interest if the adverse possessor is acting as if he owns the property.Someone who is in possession of property with the permission of the true owner cannot gain title by adverse possession.

Covenents

Private restrictions are ordinarily interpreted as covenants, which are contractual promises.If a property owner violates a covenant, a judge may issue a court order directing the owner to stop the violation or pay money damages, or both. But title to the property can't be forfeited.

Private Restrictions

Private restrictions limit what a property owner can do with the property. They run with the land and are binding on all subsequent owners.Private restrictions are also called deed restrictions or restrictive covenants.

Probate Court

Probate is the legal procedure for establishing the validity of a will and distributing property according to the terms of the will.

A patent is a:

Select your answer below: A.deed B.promissory note C.security instrument D.grant by a sovereign Answer is D grant by sovereign A patent is an instrument by which a sovereign entity (a government) conveys property from its own control to an individual. A patent transfers real property from government ownership to private ownership.

Statue of Frauds

Since an easement is an interest in property, the grant of an easement must be in writing and signed by the grantor. This is a requirement of the law known as the statute of frauds.A document creating an easement usually must fulfill the same requirements as a deed.However, the document does not have to specify the exact location of the easement.A grant of an easement "across Lot A for purposes of ingress and egress" is valid.

Tacking

Successive periods of possession by a series of adverse possessors can be added up to fulfill the five-year requirement. This is known as tacking.

A breach of one of these could result in a forfeiture of title.

The breach of a condition could result in a forfeiture of title.

Living grantee

The grantee does not need to be competent.He only needs to be alive or in existence at the time of conveyance.

acknowledgement

The grantor's signature must be acknowledged before a notary public or other formal witness.

habendum clause

The habendum clause in a deed defines or limits the type of estate that is being transferred to the grantee.If there is no habendum clause, the deed is presumed to convey a fee simple absolute.

Grantee

The person the owner is transferring the property to is called the grantee.

property description

The property description in a deed is generally considered adequate if it would enable a surveyor to locate the property.

Deed Restrictions

The restrictions may be stated in the deed, or may be recorded at the county recorder's office, with adequate reference to the restrictions made in the deed.For this reason, private restrictions are often called deed restrictions. They may also be referred to as restrictive covenants.

Escheat

The state takes property upon an owners death if there is no will & no heirs exist.

Conveyance (Deed)

The transfer of real property from the grantor to the grantee by means of a deed is referred to as a conveyance.

Here are the requirements for obtaining an easement by prescription.

The use must be open and notorious (conspicuous). The use must be hostile (without the owner's permission). The use must be under some claim of right or color of title. The use must be continuous and uninterrupted for the length of time required by statute (in California, five years). If property taxes are assessed separately on the easement, the easement claimant must pay them during the five-year period.

Words of Conveyance

The words of conveyance state that the grantor is transferring the property to the grantee.The words of conveyance are also called the granting clause.

descent

Those who acquire property by intestate succession receive it by descent, rather than by devise or bequest.

heirs

Those who are entitled to property through intestate succession are called heirs.

condemnation

Through the condemnation process, the government can force a private property owner to grant it an easement.The easement must be needed for a public purpose, and the government must compensate the private owner.

Convey the title

To alienate tittle to real propertey, one must:

In writing

To satisfy the statute of frauds, a deed must be in writing and signed by the grantor.The grantee does not sign the deed.

An encroachment is a trespass, and a court may order an encroachment to be removed.

True Correct!An encroachment is considered to be a trespass. A court can order an encroachment's removal, or order the encroacher to pay damages to the neighbor.

Adverse Possession

Under California law, an adverse possessor generally acquires title after five years of possession that has been actual, open, and notorious; hostile; under color of title or claim of right; continuous and uninterrupted; and accompanied by payment of property taxes.

Voluntary dedication

Voluntary dedication is a gift of private property to the public

reclition

When a body of water recedes slowly, exposing land that's been underwater, it's called reliction. The adjoining landowner acquires title to the newly exposed land

Involuntary Dedication

When applying for subdivision approval, a developer is often required to dedicate land within the subdivision to the public for streets and utility easements. This is called statutory dedication.It's called common law dedication when the public uses private property for so long that a transfer of title or a public easement results.

Intestate Succession

When someone dies without a valid will, her property passes to her heirs according to the rules of intestate succession, which are set forth in a state statute.

Escheat

When someone dies without a will and without heirs, his property reverts to the state. This is called escheat.

accretion

When waterborne silt is gradually deposited on the shore, it's called accretion. The landowner acquires title to the newly deposited soil.

The difference between an easement and a profit is that a profit:

allows something to be removed from the land

An unpaid real property tax lien is:

always superior to a mortgage lien

Violation of a private restriction is most likely to lead to:

an injuction

A deed must be

be in writing and signed; identify the parties; have a competent grantor; specify a living grantee; contain words of conveyance; and adequately describe the property.

An easement in gross:

benefits a person rather than a parcel of land

The parcel of land that receives the benefit of an easement appurtenant is called the:

dominent tenement

A driveway easement providing access to Lot B across Lot A is a/an:

easement appurtenant

Easement by Implication

easement not specifically created by deed that arises from the circumstances of the parties and the land location and access

When the property was divided into two lots, the grantor failed to reserve an access easement across Lot A for the benefit of Lot B. Even so, if an easement is reasonably necessary and there was apparent prior use, there is an easement by:

implication

A judgment lien is:

involuntary and general

Oral (unwritten) permission to cross someone else's property is a/an:

license

The owner of Lot B has an access easement across Lot A. Then the owner of Lot B buys Lot A. The easement is terminated through:

merger

An easement created by express grant or by express reservation:

must be in writing

An easement is a type of:

non possesory interest

Mr. and Mrs. Lang own a house together. Mrs. Lang records a Declaration of Homestead on the house, without obtaining Mr. Lang's signature. The house is worth $300,000, and $215,000 remains to be paid on a first deed of trust. If a creditor obtains a judgment against the Langs, the creditor may:

not foreclosure because judgement lien is always inferior to homestead exemption

An easement created through long-term use of land without the permission of the owner is an easement by:

prescription

Bruce quitclaims his rights to ingress and egress across the servient tenement to the servient tenant, terminating the easement by this method.

release - A dominant tenant can release his easement rights by quitclaiming his interest to the servient tenant.

The type of lien that results from local improvements (such as road paving) which benefit a limited group of property owners is called a/an:

special assessment lien

Because an easement appurtenant runs with the land, if the servient tenement is sold:

the new owner still has the right to use the easement