LESSON 4: ENCUMBRANCES QUIZ

An owner has a lakefront property with 500 feet of frontage. H ewants 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?

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

According to state statute, the right of use of another's property that is acquired over a long period of time is called a/an:

Answer - C: Prescriptive easement Explanation: An easement by prescription (prescriptive easement) 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:

Answer - C: Property tax and special assessment liens Explanation: Property tax and special assessment liens, along with construction liens, have special rules regarding their priority. Property tax and special assessment liens always have first priority.

The parcel of land that receives the benefit of an easement appurtenant is called the:

Answer - A: Dominant tenement Explanation: The dominant tenement is the land that is benefited by an easement. The servient tenement is the land that is burdened by the easement. The servient tenant is the owner of the servient tenement.

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:

Answer - A: Merger Explanation: An owner cannot have an easement in her own land. Therefore, if the owner of the dominant tenement obtains ownership of the servient tenement, the easement is terminated by merger.

Violation of a private restriction is most likely to lead to:

Answer - C: An injunction Explanation: Private4 restrictions are usually interpreted by the court to be covenants. Violation of a covenant may result in a court ordered injunction that requires the owner to comply with the covenant.

A use right for real property that does not include ownership is called:

Answer - D: An easement Explanation: An easement is the legal right to use another's land for a specified purpose. The right does not include ownership of the land.

Private restrictions:

Answer - D: Are binding on subsequent owners of the property Explanation: Private restrictions are restrictions on the use of a property that were imposed by a previous owner. They are binding on all subsequent owners.

Verbal (unwritten) permission to cross someone else's property is:

Answer - A: A license Explanation: A license is verbal permission to use another's land.

A personal easement in gross:

Answer - D: Benefits a person rather than a parcel of land Explanation: An easement in gross benefits a person, not a parcel of land, but it cannot be assigned to another person.

An easement can be terminated by release:

Answer - D: If the dominant tenant is willing to give it up Explanation: An easement is terminated by release if the dominant tenant is willing to give up the easement. The release would have to be in writing.

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 apparent prior use, there is an easement by:

Answer - D: Implication Explanation: An easement is created by implication when it is necessary to the enjoyment of the property and there was apparent prior use.

A judgment lien is:

Answer - D: Involuntary and general Explanation: Judgment liens are involuntary and general liens. They are imposed without the owner's permission and apply to all the judgment debtor's property.

In Washington ,homestead protection:

Answer - D: Is automatic, beginning as soon as the owner starts living on the property Explanation: Homestead protection begins automatically when the owner moves onto the property. No documents need to be filed. Homestead protection applies only to judgment liens.

A first mortgage's priority over a second mortgage is normally determined by:

Answer - C: The general rule is that the lien recorded first has higher priority.

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

Answer - A: A mortgage Explanation: A mortgage is voluntary; ad valorem taxes (property taxes) and special assessments are not. An easement is not a lien.

The type of lien that results from local improvements (such as road paving) which benefit a limited group of property owners is called:

Answer - A: A special assessment lien Explanation: Only lien lived only against those who have benefited from a local improvement.

Which of the following would NOT result in the termination of an easement appurtenant?

Answer - A: Grantor of easement dies Explanation: Once the easement is in place, it is permanent. The death of the easement grantor will not affect it.

A temporary, revocable right to use another's land is called a/an:

Answer - A: License Explanation: A license is revocable, non-assignable permission to use another person's land for a particular purpose.

An easement is a type of:

Answer - A: Nonpossessory interest Explanation: An easement is a nonpossessory interest. It gives the easement holder a right to use the land, but not title or a right of possession.

An easement created through long-term use of land without the permission of the owner is an easement by:

Answer - A: Prescription Explanation: An easement by prescription is created by using the land for 10 years without the permission of the owner.

Because an easement appurtenant runs with the land, if the servient tenement is sold:

Answer - B: A new owner of the of the servient tenement must let the dominant tenant use the easement.

Which of these is an example of an encroachment?

Answer - B: A tool shed built partially over the boundary on the neighbor's land Explanation: An encroachment is a physical object, such as a tool shed, that is partially on another's property.

Easements, rights of way, and other rights and privileges that go along with land ownership are:

Answer - B: Appurtenances Explanation: Easements for ingress and egress (the right to go to and from your land across the land of another) and other rights and privileges connected to land are called appurtenances. They are appurtenant (legally attached) to your land.

A garage that is built over a lot line is an example of a/an:

Answer - B: Enroachment Explanation: If an improvement crosses a property boundary and is partially on a neighbor's lot, it would be considered an encroachment on the neighbor's lot.

Which of the following statements about a deed restriction that prohibits placing a mobile home on the lot is CORRECT?

Answer - B: It runs with the land and is binding on subsequent owners Explanation: Deed restrictions run with the land, which means they are binding on all future owners of the land.

An easement created by express grant or by express reservation:

Answer - B: Must be in writing Explanation: 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.

When the proceeds of a foreclosure sale aren't enough to pay off all of the linens against the property:

Answer - B: The lien with highest priority is paid off first, even if there is no money left over for the other liens. Explanation: Highest priority always paid first, even if proceeds are not enough to pay off all the liens.

The difference between an easement and a profit is that a profit:

Answer - C: Allows something to be removed from the land Explanation: A profit is the right to take something from the land, such as timber or gravel.

A driveway easement providing access to Lot B across Lot A is:

Answer - C: An easement appurtenant Explanation: Easements appurtenant burden one parcel of land (Lot A in the question) in order to benefit another parcel of land ( Lot B in the question). An easement in gross benefits a person, not a parcel of land.