Encumbrances & Ownership-Multi choice questions
b.signed by the grantor-One of the requirements for a valid deed is that the deed must be executed (signed) by the grantor
A grant deed is considered executed when it is: a.recorded by the grantee. b.signed by the grantor. c.acknowledged by the grantee. d.delivered by the grantor
b.involuntary-A recorded abstract of judgment creates an involuntary general lien on all real property of the debtor that is located in the county where the judgment was recorded
A recorded abstract of judgment is classified as a(n)________ lien. a.equitable b.involuntary c.inferior d.superior
d.convey or transfer title and possession-The terms alienation, convey, and transfer are used interchangeably when transferring ownership of property from one person to another.
Alienation of title to real property most nearly means to: a.cloud the title. b.encumber the title. c.record a homestead. d.convey or transfer title and possession
a.enforceable because the location of the easement does not need to be specified-Ingress and egress mean to enter and to exit. An easement may be created by deed or written agreement, which is express grant. An unlocated easement is valid.
An owner of a parcel of real property gave his neighbor a deed conveying an easement for ingress and egress. The easement was not specifically located in the deed. Under the circumstances, the neighbor's right to use the easement is: a.enforceable because the location of the easement does not need to be specified. b.enforceable only if the easement is an easement in gross. c.unenforceable because the location of the easement must be specified. d.unenforceable because easements are never created by deed, only by written agreement.
b.The title would remain with Kim-Possession is considered constructive notice, just like recording. If a deed is not recorded, but the buyer moves in, that sale has priority over any later recorded deeds
Dana sold a property to Kim, who did not record the deed but did occupy the premises. Dana then sold the same property to Lee, who did not inspect the property but did record the deed. After the second sale, who would have legal title to the property? a.The title would revert to Dana as the remainderman. b.The title would remain with Kim. c.The title would be Lee's due to Kim's failure to record his deed. d.Lee would be able to sue Kim for his failure to record his deed
a.the intention of the grantor-The grantor must have the intention, during his or her lifetime, that the deed is delivered and title is transferred.
Effective delivery of a deed depends on: a.the intention of the grantor. b.recording the deed. c.knowledge of its existence by the grantee. d.acknowledgement of the grantor's signature before a Notary Public
b.or written agreement-Zoning ordinances are public, not private restrictions. Private restrictions can be created by CC&Rs, deeds, leases, and other written agreements
Private restrictions on land can be created by deed: a.only. b.or written agreement. c.or zoning ordinance. d.or written agreement or zoning ordinance
c.clouds the title and affects marketability-Recording a lis pendens creates a cloud on title and warns parties that they could be involved in a lawsuit if the purchase the property, which could affect marketability
Recording a lis pendens: a.does not affect the title. b.clouds the title but does not affect marketability. c.clouds the title and affects marketability. d.affects the current owner but not a subsequent owner.
a.easement in gross-An easement in gross is a personal easement that is not attached to the land, and cannot be revoked. Sam does not have a license because the right is irrevocable.It is not an easement appurtenant because Sam owns no land and it is not aneasement by prescription because Roger gave the easement in gross to Sam.
Roger, who owns a ranch, gave Sam who owns no property, a non-revocable right to cross his ranch to fish in the stream. Sam has a(n): a.easement in gross. b.license. c.easement appurtenant. d.easement by prescription.
c.lien-A lien creates an obligation on a specific property
The form of encumbrance that makes specific property the security for the payment of a debt or discharge of an obligation is called a: a.reservation. b.fief. c.lien. d.quitclaim
b.general lien-Income tax liens, court judgments, and California Franchise Tax liens are general liens and affect all of the property of the owner in the county where recorded
The owner of an apartment building does not declare the income from the rental units. The IRS filed a government tax lien, which would be a: a.voluntary lien. b.general lien. c.judgment lien. d.none of the above
a.license-The statement of the question is a good definition of a license
The personal, revocable, unassignable permission to use the property of another without a possessory interest in it is called a(n): a.license. b.easement. c.encroachment. d.option
b.delivered and accepted-Delivery and acceptance are required elements of a valid deed. The deed does not have to be acknowledged or recorded.
To be binding on a buyer and a seller, a deed to transfer real property must be: a.recorded. b.delivered and accepted. c.acknowledged. d.all of the above.
d.Court action to remove a cloud on title-A lawsuit to establish or settle title to real property is called a quiet title action or an action to quiet title.
Which of the following actions is a quiet title action? a.Court action to foreclose b.Court action in ejectment c.Police action to quiet a noisy neighbor d.Court action to remove a cloud on title
b.Anything that affects or limits the fee simple title to or value of property-This is CalBRE's definition of an encumbrance
Which of the following is the best definition of encumbrance? a.The degree, quantity, and extent of interest a person has in real property. b.Anything that affects or limits the fee simple title to or value of property. c.The use of property as security for a debt. d.Any action regarding property, other than acquiring or transferring title.
