LESSON 4: Encumbrances

Which of these is an example of encroachment? a. CC&Rs b. a tool shed built partially over the boundary on the neighbor's land c. permission to pick berries on the neighbor's property d. all of the above

A tool shed built partially over the boundary on the neighbor's land. An encroachment is a PHYSICAL OBJECT that is partially on another's property.

A driveway easement providing access to Lot B across Lot A is: a. servient easement b. an easement in gross c. an easement appurtenant d. an easement by merger

An easement appurtenant. Easements appurtenant burden one parcel of land (Lot A) in order to benefit another parcel of land (Lot B).

A judgment lien is: a. voluntary and specific b. voluntary and general c. involuntary and specific d. involuntary and general

Involuntary and general 1) imposed without the owner's permission 2) apply to all the judgment debtor's property

Violation of a private restriction is most likely to lead to: a. a mechanic's lien b. merger c. an injunction d. forfeiture of title

An injunction. Private restrictions are usually interpreted by the court to be covenants. Violation of a covenant may result in court ordered injunction that requires the owner to comply with the covenant.

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 an apparent prior use, there is an easement by: a. express grant b. prescription c. dedication d. implication

Implication. An easement is created by implication when it is NECESSARY TO THE ENJOYMENT of the property and there was apparent prior use.

In Washington, homestead protection: a. is only established if the property owner records a Declaration of Homestead b. applies to mortgages and construction liens as well as judgment liens c. gives judgment liens higher priority than mortgages d. is automatic, beginning as soon as the owner starts living on the property

Is automatic, beginning as soon as the owner starts LIVING on the property. No documents need to be filed. Homestead protection applies ONLY to judgment liens.

Which of the following statements about a deed restriction that prohibits placing a mobile home on a lot is CORRECT? a. it is illegal and therefore unenforceable b. it runs with the land and is binding on subsequent owners c. it is binding on the new owner only and terminates when the property is resold d. it terminates on the death of the grantor

It runs with the land and is binding on subsequent owners. Deed restrictions run with the land, meaning they are binding on all future owners of the land.

A temporary, revocable right to use another's land is called a/an: a. license b. easement in gross c. easement appurtenant d. profit

License A license is REVOCABLE, NON-ASSIGNABLE PERMISSION to USE another' person's land for a particular purpose.

An easement created by express grant or by express reservation: a. cannot run with the land b. must be in writing c. must be reasonably necessary for the enjoyment of the dominant tenement d. all of the above

Must be in WRITING. Express easements must be in writing because they are INTERESTS IN LAND. Express easements are usually easements appurtenant, which run with the land. Only easements created by implication must be necessary for the enjoyment of the dominant tenement.

A first mortgage's priority over a second mortgage is normally determined by: a. who the lender is b. the purpose of the loan c. the date of recording d. the size of the loan

The general rule is that the lien recorded first has higher priority.

According to state statute, the right of use to another's property that is acquired over a long period of time is called a: a. gross easement b. adverse possession c. prescriptive easement d. grant by the sovereignty

Prescriptive easement An easement by prescription is an easement acquired by USING the property OPENLY and WITHOUT the OWNER'S PERMISSION for the period prescribed by statute.

Lien priority is generally established by recording date, but special priority is given to: a. mortgages and deeds of trust b. general liens c. property tax and special assessment liens d. judgment liens

Property tax and special assessment liens. Always have first priority. Property tax, special assessment, and construction liens all have special rules regarding their priority.

When the proceeds of a foreclosure sale aren't enough to pay off all the liens against the property: a. each lienholder receives a pro rata share of the proceeds b. the lien with the highest priority is paid off first, even if there is no money left over for the other liens c. the liens automatically attach to other property owned by the debtor d. the sale is void

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

Because an easement appurtenant runs with the land, if the servient tenement is sold: a. the new owner still has the right to use the easement b. the new owner still has to let the dominant tenant use the easement c. the easement becomes an easement in gross d. the easement is extinguished by abandonment

The new owner of the servient tenement must let the dominant TENANT use the easement.

Verbal (unwritten) permission to cross someone else's property is: a. a license b. a profit c. a covenent d. an easement in gross

A license A license is VERBAL permission to USE another's land

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: a. merger b. failure of purpose c. prescription d. abandonment

A merger. Cannot have easement on own land. If dominant tenement obtains ownership of the servient tenement, the easement is terminated by the merger.

Which of the following is an example of a voluntary lien? a. a mortgage b. ad valorem taxes c. a special assessment d. an easement in gross

A mortgage Voluntary - mortgage Involuntary - ad valorem (acc. to value; property taxes) and special assessments Not a lien - easements

The type of lien that results from local improvements (such as road paving) which benefit a limited group of property owners is called: a. special assessment b. ad valorem c. mechanic's d. cost/benefit

A special assessment lien. Only levied against those who have benefited from the improvement. Paid at time of project.

The difference between an easement and a profit is that a profit: a. can be revoked by the landowner b. is usually not put into writing c. allows something to be removed from the land d. is not an encumbrance

Allows something to be removed from the land. A profit is the right to TAKE something from the land, such as timber or gravel.

A use right for real property that does not include ownership is called: a. an appurtenance b. adverse possession c. a fixture d. an easement

An easement An easement is the legal right to use another's land for a specified purpose. The right does NOT INCLUDE OWNERSHIP OF THE LAND.

An owner has a lakefront property with 500 feet of frontage. He wants to subdivide land into 50 adjacent lots, but maintain ownership and control of the frontage. A buyer of an undeveloped lot would prefer which type of lakefront access rights? a. easement in gross b. easement appurenant c. license d. encroachment

An easement appurtenant. A buyer of a lot within the subdivision would want to have an easement over the original owner's property to be able to access the lakefront, as this would enhance the value of the buyer's property

Easements, rights of way, and other rights and privileges that go along with land ownership are: a. licenses b. appurtenances c. encroachments d. setbacks

Appurtenances Rights and privileges connected to land are called appurtenances (appurtenant - legally attached).

Private restrictions: a. are typically imposed by the city or county government b. are considered unconstitutional c. do not run with the land d. are binding on subsequent owners of the property

Are binding on subsequent owners of the property. Private restrictions are restrictions on the use of a property that were imposed by a PREVIOUS OWNER.

A personal easement in gross: a. is the same thing as a license b. can be assigned from one person to another c. benefits a servient tenement rather than a dominant tenement d. benefits a person rather than a parcel of land

Benefits a PERSON rather than a parcel of land. CANNOT be assigned to another person.

The parcel of land that receives the benefit of an easement appurtenant is called the: a. dominant tenement b. servient tenement c. servient tenant d. parcel in gross

Dominant tenement. The dominant tenement is the LAND that is benefited by an easement. The servient tenement is the land that is BURDENED by the easement. Tenant owns tenement.

A garage that is built over a lot line is an example of a/an: a. cloud on title b. encroachment c. variance d. nonconforming use

Encroachment If an IMPROVEMENT (OBJECT) crosses a property boundary and is partially on another neighbor's lot, it would be considered an encroachment on the neighbor's lot.

Which of the following would NOT result in the termination of an easement appurtenant? a. grantor of easement dies b. purpose of easement terminates c. servient tenant buys dominant tenement d. mutual agreement

Grantor of easement dies. An easement is PERMANENT once in place. The death of its grantor will not affect it.

An easement can be terminated by release: a. only after ten years of non-use b. only if the purpose for which it was created ends c. if the servient tenant records a declaration of intent to abandon d. if the dominant tenant is wiling to give it up

If the dominant tenant is willing to give it up. Release has to be in writing.

An easement is a type of: a. nonpossessory interest b. estate c. lien d. encroachment

NONPOSSESORY interest. Gives the easement holder a RIGHT TO USE the land, but NOT a TITLE or right of possession.

An easement created through long-term use of land without the permission of the owner is an easement by: a. prescription b. merger c. implication d. reservation

Prescription. Easement by prescription is created using the land for 10 years without the permission of the owner.