CHAPTER4 (UNIT 5)

A general lien is a lien

A general lien is one placed against any and all real and personal property owned by a particular debtor, and a specific lien attaches only to a single item of real or personal property and does not affect other property.

In which kind of easement is there a dominant tenement and a servient tenement?

An easement appurtenant gives a property owner a right of usage to portions of an adjoining property owned by another party. The property enjoying the usage right is called the dominant tenement, and the property containing the physical easement itself is the servient tenement.

Which would terminate an easement?

An easement is terminated by; express release of the right, merger of a dominant and servient property, abandonment, condemnation, destruction, and non-use of an easement.

What kind of interest does a lienor usually have in the liened property?

An equitable interest, except a mortgage lienor in a title-theory state

LIEN

CREDITOR'S CLAIM

A film company wants to rent a farm from the farm owner for a two-week film shoot. What type of agreement should be used?

LICENSE

Which of the following is an example of a voluntary lien?

Mortgage lien

A foreclosure finds a homeowner with the following liens: a first mortgage dated five years earlier; a second mortgage dated two years earlier; an unpaid real estate tax bill for the current year; and a mechanic's lien for work performed five years earlier. Which of these liens will be paid off first?

Property tax lien

NOT a superior lien?

Special assessment tax liens, real estate property tax liens and federal and state inheritance tax liens are all superior to judgment liens.

Which of the following is true of easements in general?

They involve the property that contains the easement and a non-owning party

Deed restrictions generally concern

a property may be used and what structures may be built on it

court might grant an easement by prescription if

an intruder has been using an owner's property for a certain period with the owner's knowledge but without permission.

An encumbrance is most broadly defined as

another's interest in a real property that limits the interests of the freehold property owner

If the owner of property A has a court-ordered easement to drive across property B because it is the only way for A to have access to a public road, the easement is a(n

easement by necessity

The lienee in a lien is the

owner of the property that is subject to the lien