Principles Q3

A court action to divide a property held by co-owners is called: a. partition action. b. a lis pendens. c. writ of execution. d. an abstract of title.

a

Regarding liens, which statement is incorrect? a. All encumbrances are liens. b. A lien uses real property as security for the payment of a debt. c. A lien may be specific or general. d. A lien may be voluntary or involuntary.

a. All encumbrances are liens.

What type of easement is created when a parcel is completely land locked and has no access? a. Easement by necessity b. Easement by express reservation c. Easement by prescription d. Easement by implied grant

a. Easement by necessity

Which statement is correct regarding encumbrances? a. Financial encumbrances affect the title. b. Non-financial encumbrances affect the title. c. Liens are types of non-financial encumbrances. d. There are three categories of encumbrances.

a. Financial encumbrances affect the title. Encumbrances fall into two categories: those that affect the title, known as financial encumbrances, and those that affect the use of the property, known as non-financial encumbrances.

California recognizes three types of wills. Which will is written entirely in the handwriting of the testator (maker) and is dated and signed by the testator? a. Holographic will b. Statutory form will c. Witnessed will d. Administrative will

a. Holographic will California recognizes three types of wills: witnessed wills, statutory form wills, and holographic wills. A holographic will is written entirely in the handwriting of the testator (maker) and is dated and signed by the testator.

Why is it important to determine the starting date for a mechanic's lien? a. Mechanic's liens have priority as of the date work began or materials were first furnished for the job. b. Once the start date is determined, sub-contractors must complete their part of the project within 60 days, unless a Notice of Continuance is filed. c. Mechanic's liens do not have any special priority, but must be filed in order to be paid. d. The start date is important to the general contractor for scheduling purposes.

a. Mechanic's liens have priority as of the date work began or materials were first furnished for the job.

As part of the mechanic's lien process, what notice must be given to the owner within 20 days of first furnishing labor or materials for a job by anyone eligible to file a mechanic's lien. a. Preliminary notice b. Notice of non-responsibility c. Notice of completion d. Foreclosure notice

a. Preliminary notice

The difference between an easement and a license to use property is: a. a license may be canceled. b. an easement conveys ownership. c. consideration is paid for an easement. d. consideration is paid for a license.

a. a license may be canceled. A license is permission to use property. However, a license to use may be revoked at any time.

Encumbrances fall into two categories: a. financial and non-financial encumbrances. b. conventional and non-conventional encumbrances. c. typical and atypical encumbrances. d. real and personal encumbrances.

a. financial and non-financial encumbrances. Encumbrances fall into two categories: those that affect the title, known as financial encumbrances, and those that affect the use of the property, known as non-financial encumbrances.

A(n) _____ is a court order forcing a person to do or not to do an act, such as violating a private restriction. a. injunction b. junction c. covenant d. condition

a. injunction

A(n) __________ is a person who makes a will. a. testator. b. intestator. c. probator. d. administrator.

a. testator

In order for a grant deed to be effective: a. the deed must be delivered to and accepted by the grantee. b. the grantee must record the deed. c. the grantor must record the deed. d. the grantor must acknowledge its existence.

a. the deed must be delivered to and accepted by the grantee. A grant deed is not effective until it is delivered. It must be the intention of the grantor that the deed is delivered and title be transferred during his or her lifetime.

What is created when a garage, driveway, or fence extends beyond the land of its owner and covers the land of an adjoining property? a. An encumbrance b. An encroachment c. A community property d. Condition precedent

b. An encroachment

How is constructive notice of a sale given? a. By giving priority to the deed b. By recording a deed or by taking possession of the premises c. By acknowledging the deed d. By restricting the deed

b. By recording a deed or by taking possession of the premises

An encumbrance is a non-possessory interest in real property that is held by someone who is not the: a. tenant. b. owner. c. real estate salesperson. d. real estate broker.

b. owner

What is the court proceeding that clears a cloud on the title of real property. a. Partition action b. Escheat c. Quiet title action d. Condemnation

c. Quiet title action is a court proceeding to clear a cloud on the title of real property.

All of the following are non-financial encumbrances except: a. an easement. b. a building restriction. c. a lien. d. an encroachment.

c. a lien

A forced sale of property in order to satisfy a judgment for money or foreclosure of a mortgage is a(n): a. sheriff's sale. b. trustee's sale. c. execution sale. d. estate sale.

c. execution sale. An execution sale is a forced sale of property under a writ of execution with the proceeds used to satisfy a money judgment.

When someone dies, without leaving a will, he or she is known to have died: a. by eminent domain. b. testate. c. intestate. d. in probate.

c. intestate If a person died intestate it means the person did not leave a will.

Real property can be transferred by __________ grant, which is the transfer of title by the government to a private individual. a. title b. government c. public d. private

c. public

All of the following are financial encumbrances with the exception of a(n): a. trust deed. b. tax lien. c. attachment. d. easement.

d. easement Encumbrances fall into two categories: those that affect the title, known as financial encumbrances, and those that affect the use of the property, known as non-financial encumbrances. Common types of financial encumbrances are trust deeds and mortgages, mechanic's liens, tax liens, special assessments, attachments, and recorded abstracts of judgment.