Law Q3

Encumbrances of record that run with the land would usually include which of the following? 1. Easements 2. restrictions 3. licenses

1 and 2 easements and restrictions Easements and restrictions(covenants and condition) run with land. Licenses are personal rights that do not run with the land.

An easement appurtenant runs in favor of the 1. dominant estate 2. servient estate 3. grantee personally

1 only

An easement is terminated 1. when the dominant and servient tenements merge 2. if the easement causes an inconvenience to the servient tenement that impinges on the "quite enjoyment" of that property

1 only

With an easement appurtenant, the servient tenement 1. is burdened by the easement 2. can terminate the easement if the easement causes the owner great inconvenience

1 only

Harry owns a house d=subject to a first mortgage. His property is said to be A. restricted B. encumbered C. subordinated D. executed

B. encumbered Since the mortgage is a lien, it encumbers the property. The property of therefore encumbered

First liens which take priority over all other liens are A. mortgages B. tax liens C. judgments D. construction liens

B. tax liens

Which of the following is an encumbrance? A. Lien B. Easement C. Deed restriction D. All

D. All an "encombrante" is anything which affects or limits the fee simple title to, or value of, property. Its any claim, lien, charge or liability binding on real property which may lessen its value, or burden, obstruct or impair the use of the property. Its a right or interest held by one who is not the legal owner of the property. Liens, restrictions, encroachments and easements are types of encumbrances.

Telephone, electricity and gas line easements are examples of A. commercial easements in gross B. easements by prescription C. dominent easments D. servient easements

A. commercial easements in gross

Which of the following may be a lien against real property? A. a condition B. a judgment C. an easement D. A covenant

B. a judgment Liens make the property security for a debt. They include mortgages, trust deeds, mechanic's liens, attachments, judgments, property taxes, etc. Conditions and covenants affect the use of the property and therefore are encumbrances but are not liens.

An easement appurtenant to real property can be terminated by all of the following EXCEPT A. merger of both the servient and dominant parcels B.revocation by the servient owner C. prescription by the servient owner D. release by the dominant tenement owner

B. revocation by the servient owner

The document allowing for the legal seizure of property. for a debt. before a judgment is called a(n) A. writ of execution B. writ of attachment C. lis pendent D. habendem terminatis

B. writ of attachment A writ of attachment is a court order to the sheriff to seize the real or personal property of a defendant in a lawsuit and how it in the custody of the court. as security for satisfaction. of a judgment. The real property is considered attached when the writ of. attachment is recorded. The attachment therefore creates a lien against the property. before the judgment is entered, to assure that the property. will still be available to. satisfy the judgment.

All of the following statements concerning an appurtenant easement are true EXCEPT A. it must be a burden on one property and a benefit to another B. it must be transferable C. it must involve adjournment of the properties at their respective boundary lines D. the properties must have different owners

C. it must involve adjournment of the properties at their respective boundary lines To have an easement appurtenant there must be a servant tenement being used and a dominant tenement with the right to use. These properties must be owned separately. The easement runs with the dominant tenement. There is. no requirement that these two properties be adjoining.

A form of public notice filed against certain lands setting forth that court action ha been instituted is known as a(n) A. construction lien B. attachment C. lis pendent D. judgment

C. lis pendens A lis pendent is a recorded legal document which gives constructive notice that an action affecting a particular piece of property has been filed in a state or federal court.

An owner sold a parcel of lansd, but in the deed he retained an easement so he could reach other land he owned. He didn't use the easement for over 5 years, and when he attempted to do so, the party tow home he had sold the first parcel of land claimed the easement was null and void. The easement was... A. null and void, because an owner, in selling, cannot reserve an easement for himself in his deed B. invalid, because it had not been used for over 5 years C. valid, because nonuse of a deeded easement has no legal effect D. valid, because nonuse doesn't make it void until it has run for 10 years

C. valid, because nonuse of a deeded easement has no legal effect

Real property taxes that are not paid are A. general, involuntary liens B. general, voluntary liens C. specific, voluntary liens D. specific, involuntary liens

D. specific, involuntary liens Real property taxes are liens against the property being taxed. Therefore, they are specific liens. General liens are liens against the person and all of his property. Real property taxes are not created by a voluntary contract; therefore, they are involuntary.

An easement appurtenant A. may be terminated by the dominant tenement B. may be terminated by there servient tenement C. will be terminated if abandoned by the servient tenement D. cannot be terminated

A. may be terminated by the dominant tenement An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed. It may also be terminated by merger, by voluntary abandonment by the owner of the dominant estate, by the easement being taken by eminent domain, by loss by prescription or adverse possession, by expiration of the time period set for the easement, by cessation of the purpose for which the easement was created, by eminent domain, or by nonuse for a period established by state statute. Note, the easement can be determined by the dominant tenement, but not by any action of the servient tenement, since it is irrevocable.

An easement of passage across Smith's property would be a(n) A. license B. lien C. appurtenance to Smith's property D. encumbrance

D. encumbrance

The act of entering upon another person's real estate without authority or permission of the owner is called an

encroachment

A factor that distinguishes a license from an easement is that a license....

may be revoked

A lien which burdens all of the property of the owner is known as a 1. judgment lien 2. specific lien 3. general lien

1 & 3 Judgment lien and general lien

Private restrictions can be placed on real property by 1. deed 2. writing agreement 3. zoning ordinances

1 and 2 deed and written agreement

Which of the following actions will terminate an easement? A. a release signed by the holder of the dominant tenement. B. A revocation granted by the grantor of the easement C. A full conveyance signed by there servient tenement D. An express release granted by the holder of the servient tenement

A. a release signed by the holder of the dominant tenement

Select from the following the most correct meaning of the phrase "ad valorem." A. a property tax B According to value C. Value received, as in consideration D. an assessment

B. According to value Property taxes are based on the value of the property. Therefore, they are called "ad valorem" (according to value) taxes.

Which of the following documents may be used to terminate an easement? A. deed of reconveyance B. Quitclaim deed C. Trustee's deed D. Estoppel certificate

B. Quitclaim deed

The owner of a lakefront property gives verbal permission to three local sportsmen to cross his land each weekend during the summer of a given year for the express purpose of fishing. He has created what may properly be describes as a(n) A. grant of adverse use B. license C. implied easement D. easement appurtenant

B. license A "license". is a personal, revocable and nonassignable right to use another's land. for a specific purpose. It may be given orally or in writing. An easement differed in that it is an irrevocably right to use another's land for a specific purpose and if given must be written.

An encumbrance could be a 1. private limitation on the use of land 2. claim against clear title

Both

Which of the following is TRUE concerning an easement appurtenant? 1. It is an interest that may be terminated at will by the possessor of the fervent estate 2. it is considered to be a non possessory interest

2 only Because an easement is irrevocable, it cannot be terminated by the holder of the servient estate. An easement is nonpossessory as it does. not give the easement holder control of the land; it gives him only use. if an easement were possessory interest it would be an estate.

In most cases the priority of a lien on real property is established by the A. date of recording B. amount of the lien C. Statute of frauds D. Statute of limitations

A. Date of recording usually lien priority is based on the date of recording. Exceptions are construction liens which have priority based on the date work starts, and property taxes which have top priority regardless of anything else.

Which of the following is created when real estate is pledged as security for a loan A. an easement B. a restriction C. a lien D. an encroachment

C. a lien

An easement created when there is no access to a street is a(n) A. easement by prescription B. easement in gross C. easement by necessity D. negative easement

C. easement by necessity An "easement by necessity" may be created by court when there had been a common grantor of the dominant and servient estates and there is a reasonable necessity for the easement (the dominant estate is landlocked).

A construction (mechanic's) lien claim arises when a contractor has performed work or provided material to improve a parcel of real estate on the order of the owner and the work has not been paid for. Such contractor has a right to... A. tear out his work B. equitable title C. record a notice of lien and file a court suit within the time required by state law D. have personal property of the owner sold to satisfy the lien

C. record a notice of lien and file court suit within the time required by state law.

Two adjoining lots have an easement between them with one person holding a dominant tenement and the other a servient tenement. Under these circumstances A. the holder of the dominant tenement could use the easement for egress and egress only, regardless of the type held. B. The burdened property is owned by the owner of the dominant tenement C. the easement could be eliminated by merging the two properties under one owner D. this type of easement can only be created by prescription

C. the easement could be eliminated by merging the two properties under one owner Easements may be terminated by merger. An easement could be for purposes other that ingress and egress. The servient tenement is the one burdened. The easement could be created in a number of ways.

A person would receive constructive notice by which of the following? A. a recorded lease B. Tax judgment C. A recorded power line easement D. All of these

D. All of these Recording of any document in the county records provides constructive notice of its contents. Judgments are automatically of public record.

If the owner of real property does not take action to evict an encroachment before the prescriptive period has passed, then the encroacher may acquire a(n) 1. easement by necessity 2. license to use the property

NEITHER After 10 years the encroacher could obtain title by adverse possession or an easement by prescription, depending on the type of encroachment.