RE Ch. 4: Encumbrances - Quiz Q's
Which of the following statements regarding encumbrances on real property is correct? A specific lien is always a voluntary lien B.Overdue federal income taxes may become a lien but will not become an encumbrance C.All encumbrances are liens but not all liens are encumbrances D.It is common practice for a buyer to accept a deed on encumbered property
A specific lien is always a voluntary lien B.Overdue federal income taxes may become a lien but will not become an encumbrance C.All encumbrances are liens but not all liens are encumbrances D.It is common practice for a buyer to accept a deed on encumbered property Almost all real property is encumbered in some way; even property that is owned "free and clear" is still subject to property tax liens, unless a property tax exemption applies. Specific liens may be involuntary (property tax liens are an example). All liens are encumbrances; not all encumbrances are liens.
Which of the following is least likely to make title to real property unmarketable? A.A cloud on title caused by adverse possession of the property B.Private restrictions imposed through a deed C.Public restrictions such as zoning ordinances or building codes D.A lis pendens filed by the wife of the property owner
A.A cloud on title caused by adverse possession of the property B.Private restrictions imposed through a deed C.Public restrictions such as zoning ordinances or building codes D.A lis pendens filed by the wife of the property owner Private restrictions generally do not make title unmarketable; in fact, they may make the property more attractive by protecting property values. Public restrictions do not directly make title unmarketable, but stri
A mechanic's lien against real property may be filed by: A.contractors and subcontractors B.landscape architects C.suppliers of materials D.All of the above
A.contractors and subcontractors B.landscape architects C.suppliers of materials D.All of the above A mechanic's lien may be filed by anyone who provides labor, materials, or professional services for the improvement of real property.
A lis pendens action is effective: A.during the time that an action is pending B.until the action is dismissed C.until a final judgment is rendered D.All of the above
A.during the time that an action is pending B.until the action is dismissed C.until a final judgment is rendered D.All of the above A lis pendens remains effective as long as the court action is pending -- in other words, until the lawsuit is decided or dismissed.
"A charge imposed upon specific real property as security for a specific debt" is a definition of a/an: A.restrictive covenant B.lien C.easement D.encumbrance
A.restrictive covenant B.lien C.easement D.encumbrance A lien is a financial encumbrance imposed on a property in order to make the property serve as security for a debt or other obligation.
A deed to an unlocated easement is: A.void for lack of certainty B.valid C.voidable D.unenforceable
A.void for lack of certainty B.valid C.voidable D.unenforceable A deed that establishes an easement without specifying a location on the servient property may be valid. An easement holder is limited to using the servient tenement for a particular purpose, but that use doesn't have to be expressly limited to a specific portion of the property.
Daniel injured himself while swimming in Petra's pool. If Daniel sued Petra and received a $2,500 judgment in his favor, the resulting lien would be a/an: A.voluntary lien B.general lien C.specific lien D.equitable lien
A.voluntary lien B.general lien C.specific lien D.equitable lien A judgment lien is a general lien; it will attach to all property belonging to the judgment debtor in any county where an abstract of judgment is recorded.
A subcontractor installed hardwood floors in a home under construction, but the owner refused to pay for the work. If the subcontractor filed a mechanic's lien, the date of the lien would be the date that: A.work on the house began B.work on the house was completed C.work on the floor began D.work on the floor was completed
A.work on the house began B.work on the house was completed C.work on the floor began D.work on the floor was completed The priority of a mechanic's lien is determined by the date any work on the entire project began (including delivery of materials to the site), a date which is often earlier than when the work of a particular lien claimant began.
Janet builds a fence that blocks her own use of an easement she no longer needs, terminating the easement by this method.
Abandonment Abandonment occurs when the easement holder does something that clearly indicates she no longer intends to use the easement.
The lender in a deed of trust transaction.
Beneficiary
The recorded declaration of restrictions for a subdivision.
CC&R's
The government exercises its power of eminent domain to create an easement for a public purpose by this method.
Condemnation An easement is created by condemnation when the government exercises its power of eminent domain to condemn private property to establish an easement for a public purpose.
A breach of one of these could result in a forfeiture of title.
Conditions
How deed restrictions are almost always classified.
Covenants The vast majority of private restrictions are covenants, not conditions.
A private landowner grants an easement to the public to use a portion of his property by this method.
Dedication An easement is created by dedication when a private landowner grants an easement to the public.
A license to use another's land creates a temporary interest in that land for the license holder.
False A license does not create an interest in the property.
The Singers' family home, which is homesteaded, is worth $330,000. There is a $290,000 deed of trust on the property. A judgment creditor can successfully foreclose on the property.
False The homestead exemption for a member of a family unit in California is $100,000. Here, the net value of the property (the difference between the property value and the liens against it) is only $40,000, so foreclosure will not help a judgment creditor.
The priority of a mechanic's lien is determined by its recording date.
False The priority of a mechanic's lien depends on the date the work started.
A lien that may be claimed by a person who provided materials to a building site if the materials are not paid for.
Mechanic's
The dominant tenant acquires title to the servient tenement, and so the easement is terminated by this method.
Merger If the dominant and servient tenements come under one ownership, the easement is extinguished by merger.
A lender who accepts a mortgage as security for repayment of a loan.
Mortgagee
The servient tenant builds a fence that prevents the dominant tenant from using the easement. The fence remains in place for the statutory period of time, so the easement is terminated by this method.
Prescription An easement is terminated by prescription if the servient tenant prevents the dominant tenant from using it for the statutory period.
An easement that is created by long, continuous use of another's land without the owner's permission is created by this method.
Prescription An easement that is created by long, continuous use of another's land without the owner's permission is created by this method.
Bruce quitclaims his rights to ingress and egress across the servient tenement to the servient tenant, terminating the easement by this method.
Release A dominant tenant can release his easement rights by quitclaiming his interest to the servient tenant.
A secured creditor's remedy in the event of default is foreclosure.
True
A specific lien attaches only to a specific piece of property, rather than all of the debtor's property.
True
A person may have only one homestead at a time.
True A declaration of homestead terminates as soon as a person files a declaration of homestead on another property.
A mortgage signed on March 10 but not recorded would have lower priority than a mortgage that was signed and recorded on March 17.
True A mortgage signed on March 10 but not recorded would have lower priority than a mortgage that was signed and recorded on March 17.
A statutory lien is an involuntary lien.
True A statutory lien is also called an involuntary lien.
A court order creating a lien against a defendant's property, so that it will be available to satisfy a judgment if the plaintiff wins.
Writ of attachment
A court order directing a public official (usually the sheriff) to sell property to satisfy a debt.
Writ of execution
The land burdened by an easement in gross is called the _______________.
servient tenement
The holder of an easement has a/an _______________ right.
use
Which of the following would be considered a lien? A.A notice to pay or quit B.A homestead C.An attachment D.All of the above
A.A notice to pay or quit B.A homestead C.An attachment D.All of the above If the plaintiff in a lawsuit is concerned that the defendant might try to sell property that could be subject to a future judgment, the court may issue a writ of attachment, which the plaintiff can record to create an attachment lien against the defendant's property.
Which of the following statements about liens is correct? A.An attachment lien is recorded after a court decision B.A judgment lien is created by recording after a court decision C.An attachment lien is always against all of a debtor's property D.A judgment lien is against a single property belonging to a debtor
A.An attachment lien is recorded after a court decision B.A judgment lien is created by recording after a court decision C.An attachment lien is always against all of a debtor's property D.A judgment lien is against a single property belonging to a debtor A judgment lien is created after a court decision; an attachment lien is created prior to the outcome of a suit. A judgment lien is a general lien, attaching to all of the property that the debtor owns in a county where the abstract of judgment is recorded. An attachment lien is a specific lien, attaching only to the specific property described.
If a zoning law permits a certain use in a subdivision where that use is prohibited by deed restrictions, which will prevail? A.Deed restrictions B.Variance C.Zoning law D.General plan
A.Deed restrictions B.Variance C.Zoning law D.General plan When there is a conflict between the zoning and the private restrictions that apply to a property, the one that imposes a stricter requirement prevails. In this case, the deed restrictions are more stringent than the zoning law, so the use is not allowed.
Which of the following easements runs with the land and is binding on all subsequent owners? A.Easement appurtenant B.Easement in gross C.Prescriptive easement D.Easement by implication
A.Easement appurtenant B.Easement in gross C.Prescriptive easement D.Easement by implication An easement that runs with the land, binding subsequent owners of the servient tenement for the benefit of subsequent owners of the dominant tenement, is called an easement appurtenant. Easements in gross, prescriptive easements, and easements by implication are all types of easements that can run with the land, but an easement appurtenant by definition runs with the land and is therefore the most appropriate answer.
Which of the following "runs with the land"? A.Easements appurtenant B.Covenants C.Stock in a mutual water company D.All of the above
A.Easements appurtenant B.Covenants C.Stock in a mutual water company D.All of the above
Which of the following methods would create an easement that would be easiest to terminate for nonuse? A.Express reservation B.Implication C.Prescription D.Quitclaim deed
A.Express reservation B.Implication C.Prescription D.Quitclaim deed Easements created by prescription terminate automatically after only five years of nonuse. With easements created by other methods, the servient tenant can file a lawsuit asking a court to declare the easement terminated due to nonuse, but only after the dominant tenant has failed to use the easement for 20 years.
Ira leased a property from James under a 10-year lease. If Ira's neighbor Georgia wished to obtain an easement across Ira's property, which of the following would be true? A.Ira may grant the easement but only for the term of the lease B.Ira may grant the easement only with the owner's consent C.An easement may be given only by a property's owner D.The easement would run with the land even after the leased property reverted back to James
A.Ira may grant the easement but only for the term of the lease B.Ira may grant the easement only with the owner's consent C.An easement may be given only by a property's owner D.The easement would run with the land even after the leased property reverted back to James No one may grant an easement that exceeds the extent or the duration of his own interest in the property. Ira may only encumber his leasehold interest, so the easement may not last longer than the 10-year term of the lease.
Of the following groups of liens, which group does not contain any general liens? A.Judgment lien, attachment lien, corporation tax lien B.Attachment lien, mechanic's lien, mortgage, property tax lien C.Mortgage, special assessment, mechanic's lien, federal income tax lien D.Judgment lien, deed of trust, attachment lien, federal income tax lien
A.Judgment lien, attachment lien, corporation tax lien B.Attachment lien, mechanic's lien, mortgage, property tax lien C.Mortgage, special assessment, mechanic's lien, federal income tax lien D.Judgment lien, deed of trust, attachment lien, federal income tax lien Attachment liens, mechanic's liens, mortgages, and property tax liens all attach only to specific properties. Judgment liens and federal income tax liens are general liens.
Which of the following would be important in the process of filing a mechanic's lien? A.Notice of nonresponsibility B.Notice of completion C.Notice of cessation of labor D.All of the above
A.Notice of nonresponsibility B.Notice of completion C.Notice of cessation of labor D.All of the above All three of these notices can be important in regard to filing a mechanic's lien.
Which of the following is the best definition of encumbrance? A.The degree, nature, quantity, and extent of interest that a person has in real property B.The use of property by a debtor as security for a debt C.Any action taken in relation to real property except for acquiring title D.Anything that limits or affects the title to real property
A.The degree, nature, quantity, and extent of interest that a person has in real property B.The use of property by a debtor as security for a debt C.Any action taken in relation to real property except for acquiring title D.Anything that limits or affects the title to real property An encumbrance is a nonpossessory interest in real property, such as a lien or an easement. Encumbrances burden or limit the property owner's title.
Which of the following statements concerning easements is correct? A.The dominant tenement is subject to the burdens of the easement B.All easements must give the right of ingress and egress C.All encumbrances are easements but not all easements are encumbrances D.If a grantor conveys title to property, an easement appurtenant will pass automatically with the land
A.The dominant tenement is subject to the burdens of the easement B.All easements must give the right of ingress and egress C.All encumbrances are easements but not all easements are encumbrances D.If a grantor conveys title to property, an easement appurtenant will pass automatically with the land Easements appurtenant run with the land, and therefore pass automatically to the new owner when the land is sold. The dominant tenement receives the benefits, rather than the burdens, of the easement. Although easements for ingress and egress are common, easement rights don't necessarily have anything to do with entering and exiting. All easements are encumbrances; some encumbrances (such as liens and deed restrictions) are not easements.
A condominium unit's seller gave a deed, containing CC&Rs, to the buyer. The buyer objected to the CC&Rs, so the seller provided a written release saying the CC&Rs did not apply to the buyer. Which of the following is true? A.The release is not effective, because CC&Rs apply only to first purchasers B.The release is not effective, because the release terminology must be written into the grant deed C.The release is not effective, because CC&Rs cannot be abandoned; they're present for the benefit of all of the condominium's residents D.The release is effective, because the seller has absolute control over the fee simple interest
A.The release is not effective, because CC&Rs apply only to first purchasers B.The release is not effective, because the release terminology must be written into the grant deed C.The release is not effective, because CC&Rs cannot be abandoned; they're present for the benefit of all of the condominium's residents D.The release is effective, because the seller has absolute control over the fee simple interest Covenants, conditions, and restrictions (private restrictions, in other words) cannot be invalidated in a subsequent sale. They are imposed by a previous owner and continue to "run with the land."
Which of the following is not a lien against real property? A.Unpaid real property taxes B.Recorded private restrictions C.A special assessment bond for street improvements D.A recorded abstract of judgment
A.Unpaid real property taxes B.Recorded private restrictions C.A special assessment bond for street improvements D.A recorded abstract of judgment Private restrictions are an encumbrance on real property. However, they affect use and do not represent a financial interest in the property, so they are not liens.
A developer subdivided a large parcel and imposed a deed restriction requiring a 15,000 square-foot minimum lot size. The local planning commission then designated the area in which the subdivision was located as requiring a 10,000 square-foot minimum lot size. Which requirement would prevail? A.Zoning laws B.Deed restriction C.Whichever was recorded first D.The developer would be required to create new requirements in line with the new zoning regulations
A.Zoning laws B.Deed restriction C.Whichever was recorded first D.The developer would be required to create new requirements in line with the new zoning regulations In this case, the deed restriction would prevail. Where there is a conflict, the more stringent of the two restrictions will apply, regardless of which was implemented first. Here, the deed restriction requires a larger lot size than the zoning regulations do. Larger lot size requirements mean a developer can't subdivide into as many lots; a smaller lot size minimum is therefore less restrictive.
An order by a court directing an officer of the law to sell a judgment debtor's property in order to satisfy the judgment is a/an: A.abstract of judgment B.writ of execution C.writ of attachment D.deficiency judgment
A.abstract of judgment B.writ of execution C.writ of attachment D.deficiency judgment A writ of execution orders the sale of a judgment debtor's property in order to pay off the judgment creditor.
A lis pendens: A.affects title to real property belonging to a person who is not a party to a lawsuit B.may be recorded in relation to any type of lawsuit C.may make it difficult to convey title to property, depending on the outcome of a lawsuit D.may be removed from the recorder's office records only by court order
A.affects title to real property belonging to a person who is not a party to a lawsuit B.may be recorded in relation to any type of lawsuit C.may make it difficult to convey title to property, depending on the outcome of a lawsuit D.may be removed from the recorder's office records only by court order When a lis pendens is recorded, it notifies potential purchasers of a property that a lawsuit is pending and that any future owner would take title subject to the judgment creditor's lien. A lis pendens may be filed only if the results of a lawsuit may affect title to real property.
All of the following are requirements for the creation of an easement by prescription, except: A.an open and notorious use that is continued and uninterrupted for five years B.possession under some claim of right or color of title C.a disagreement with the owner D.a use which is hostile or adverse to the true owner's title
A.an open and notorious use that is continued and uninterrupted for five years B.possession under some claim of right or color of title C.a disagreement with the owner D.a use which is hostile or adverse to the true owner's title Prescriptive use must be hostile, but that doesn't mean it must involve a confrontation with the owner. It only has to be without the owner's permission.
Keith remodels his home, doing all the work himself. The property is homesteaded. When the work is done, he refuses to pay a supplier's bill for the materials used. The supplier would file a/an: A.attachment lien B.homestead exemption C.mechanic's lien D.supplier's lien
A.attachment lien B.homestead exemption C.mechanic's lien D.supplier's lien A person who provides labor, materials, or professional services for the improvement of real property may file a mechanic's lien against the property. (A mechanic's lien created by the supplier of materials may sometimes be known as a material man's lien, but not as a supplier's lien.)
An easement may be terminated by: A.conveyance of the servient tenement to a new owner B.revocation by the holder of the easement C.a release from the owner of the servient tenement D.a release by the owner of the dominant tenement
A.conveyance of the servient tenement to a new owner B.revocation by the holder of the easement C.a release from the owner of the servient tenement D.a release by the owner of the dominant tenement The owner of the dominant tenement may terminate an easement by release. (An easement runs with the land, so conveyance of the servient tenement doesn't terminate the easement.)
The date that establishes the priority of a mechanic's lien on a construction project is the: A.date of commencement of the project B.date of completion of the project C.date of occupancy by the owner D.date of the notice of cessation
A.date of commencement of the project B.date of completion of the project C.date of occupancy by the owner D.date of the notice of cessation The priority of a mechanic's lien depends on the date that work on the project started. (This can include the delivery of materials.)
Private restrictions on land may be created by: A.deed only B.deed or written agreement C.written agreement or zoning ordinance D.deed or zoning ordinance
A.deed only B.deed or written agreement C.written agreement or zoning ordinance D.deed or zoning ordinance Private restrictions may be created by the grantor in a deed when property is transferred to a new owner, or by written agreement at any time. Zoning ordinances restrict how property is used, but they are public, not private, restrictions.
The holder of an easement may terminate the easement by recording a: A.defeasance clause B.notice of nonresponsibility C.quitclaim deed D.deed of reconveyance
A.defeasance clause B.notice of nonresponsibility C.quitclaim deed D.deed of reconveyance To terminate an easement by release, the dominant tenant (the easement holder) will execute and record a quitclaim deed in favor of the servient tenant.
An easement is located outside of the land it benefits. The land that receives the benefit would be known as the: A.dominant tenement B.servient tenement C.dominant tenant D.property subject to the easement
A.dominant tenement B.servient tenement C.dominant tenant D.property subject to the easement The property that receives the benefit of an easement appurtenant is known as the dominant tenement; the easement is appurtenant to the dominant tenement. The burdened property--the property that is subject to the easement--is called the servient tenement.
If an improvement illegally extends onto a neighboring property, it is considered a/an: A.encumbrance B.encroachment C.easement D.license
A.encumbrance B.encroachment C.easement D.license An encroachment occurs when something on one property, such as a tree or a structure, extends onto a neighboring property. An encroachment isn't an encumbrance, since the encroacher doesn't have a right or interest in the neighboring property.
Deed restrictions are: A.encumbrances B.general liens C.specific liens D.all of the above
A.encumbrances B.general liens C.specific liens D.All of the above Deed restrictions (restrictive covenants) are a type of encumbrance. However, they affect the use of the encumbered property and do not represent a financial interest in it, so they are not liens.
Unless there is an agreement to the contrary, the deed of trust that has the highest lien priority is the one that was: A.executed first B.recorded first C.greatest in value D.a construction loan
A.executed first B.recorded first C.greatest in value D.a construction loan As a general rule, the priority of an interest is determined by the date and time the instrument establishing the interest was recorded. (Remember the axiom: "First to record, first in right.") That's true for voluntary liens -- mortgages and deeds of trust.
The Herreras purchased a house from Carl. Carl took back the promissory note, secured by a deed of trust, as partial satisfaction of the purchase price. This created a/an: A.general lien B.specific lien C.involuntary lien D.equitable lien
A.general lien B.specific lien C.involuntary lien D.equitable lien The lien created is a specific lien. Mortgages and deeds of trust attach only to the property specified in the instrument, rather than to all property owned by the debtor, and they are voluntary liens.
A lien created by court order, covering all of a debtor's property within the county where it is recorded, is a/an: A.general lien B.specific lien C.lis pendens D.attachment
A.general lien B.specific lien C.lis pendens D.attachment The question is describing a judgment lien. A judgment lien is a general lien because it attaches not just to specified property, but to all of the judgment debtor's property in any county where the judgment creditor has recorded an abstract of judgment.
The Springers hired a contractor to build a swimming pool for their house. If the Springers did not pay for the construction and the contractor filed a lien, the resulting encumbrance would be a: A.general lien B.specific lien C.voluntary lien D.None of the above
A.general lien B.specific lien C.voluntary lien D.None of the above Mechanic's liens attach only to the property for which labor or materials were provided, so they are classified as specific liens. And since they attach without the owner's consent, they are involuntary liens, not voluntary liens.
An easement is considered to be a/an: A.general lien on real property B.specific lien on real property C.encumbrance on real property D.encroachment on real property
A.general lien on real property B.specific lien on real property C.encumbrance on real property D.encroachment on real property Easements are a type of encumbrance. They're nonfinancial encumbrances that affect the use of a property; they're not liens (financial encumbrances).
An easement appurtenant must involve two parcels of land owned by different persons. The owner of the dominant tenement: A.has ingress and egress rights only B.is subject to the burdens and benefits of the easement C.may not retain easement rights if he sells the property D.may transfer the easement rights independently of the land
A.has ingress and egress rights only B.is subject to the burdens and benefits of the easement C.may not retain easement rights if he sells the property D.may transfer the easement rights independently of the land An easement appurtenant runs with the land, and so it passes to the new owner of the land if the property is sold. The previous owner may not retain the easement rights.
When Zach bought a property, he discovered that his neighbor's garage illegally extended several feet onto his property. If Zach wished to pursue legal action, he would be able to sue: A.his broker, for failure to disclose B.his title insurance company C.his neighbor D.the neighborhood association
A.his broker, for failure to disclose B.his title insurance company C.his neighbor D.the neighborhood association Zach would be able to sue his neighbor in an ejectment action. If his action were successful, the court would order Zach's neighbor to either remove the encroachment or pay Zach damages.
When real estate taxes remain unpaid, they constitute a lien that is: A.inferior to any liens held by a private party B.superior to a mortgage lien C.concurrent with any mortgage lien D.inferior to a mortgage lien
A.inferior to any liens held by a private party B.superior to a mortgage lien C.concurrent with any mortgage lien D.inferior to a mortgage lien Real property tax and special assessment liens are superior to all other liens against a property, including those that attached earlier (such as a previously recorded mortgage or deed of
There was an easement for ingress and egress that benefited the seller's property. The seller's deed neglected to say anything about the easement. As a result, the buyer's property: A.is now landlocked B.still benefits from the easement; it doesn't need to be specified in the deed C.will have an easement if the buyer can prove it is reasonably necessary for the enjoyment of the property D.The entire sale is invalid
A.is now landlocked B.still benefits from the easement; it doesn't need to be specified in the deed C.will have an easement if the buyer can prove it is reasonably necessary for the enjoyment of the property D.The entire sale is invalid An easement appurtenant "runs with the land;" its benefits will pass with the transfer of the dominant tenement, regardless of whether the easement was specifically mentioned in the deed or not.
The deed of trust of record is impaired as security for a loan on real property if: A.it was recorded before commencement of work on an improvement on which a mechanic's lien was filed B.a declaration of homestead was recorded on the property before the deed of trust was recorded C.the deed of trust was recorded before a declaration of homestead was recorded D.a judgment lien was created against the property before the recording of the deed of trust
A.it was recorded before commencement of work on an improvement on which a mechanic's lien was filed B.a declaration of homestead was recorded on the property before the deed of trust was recorded C.the deed of trust was recorded before a declaration of homestead was recorded D.a judgment lien was created against the property before the recording of the deed of trust If an abstract of judgment was recorded earlier than a deed of trust, the judgment lien has priority over the deed of trust. A mechanic's lien would take priority over a deed of trust only if work on the project commenced before the deed of trust was recorded. A declaration of homestead has no effect on lien priority, and the homestead exemption only affects foreclosure of judgment liens and attachment liens, not deeds of trust or mortgages.
The personal, revocable, and unassignable permission or authority to do one or more acts on the property of another, without possessing any interest therein, is the definition of a/an: A.license B.encroachment C.easement D.option
A.license B.encroachment C.easement D.option A license is revocable permission to use another person's property. It doesn't run with the land, and it can't be assigned.
A power company that has an easement to run a power line across real property has a/an: A.license B.prescriptive easement C.easement appurtenant D.easement in gross
A.license B.prescriptive easement C.easement appurtenant D.easement in gross An easement in gross benefits a person or company rather than a parcel of land. Most commonly, easements in gross are held by utility companies to allow their employees to enter property to install or service lines.
A court order stopping a person from burning rubbish on his own property would be a/an: A.mandatory lien B.indenture C.injunction D.writ of mandamus
A.mandatory lien B.indenture C.injunction D.writ of mandamus An injunction is a court order that directs someone to do or stop doing a particular activity.
The principal difference between a mechanic's lien and a judgment lien is that: A.mechanic's liens are created by statute B.mechanic's liens may take priority earlier than the date they are recorded C.only judgment liens are not effective until recorded D.only judgment liens are involuntary liens
A.mechanic's liens are created by statute B.mechanic's liens may take priority earlier than the date they are recorded C.only judgment liens are not effective until recorded D.only judgment liens are involuntary liens The priority of a mechanic's lien depends on the date work on the project began, not the date the claim of lien was recorded. The priority of a judgment lien is determined by the date an abstract of judgment was recorded.
Glen has an easement that entitles him to use Fred's property. If Glen is not a property owner, his easement is a/an: A.restricted easement B.nonpossessory encroachment C.easement in gross D.easement appurtenant
A.restricted easement B.nonpossessory encroachment C.easement in gross D.easement appurtenant An easement in gross benefits a person rather than a parcel of land. It burdens a servient tenement, for
Deed restrictions for a subdivision development are created by: A.the developer or grantor B.the FHA C.state statutes and local ordinances D.the lender
A.the developer or grantor B.the FHA C.state statutes and local ordinances D.the lender As the name suggests, deed restrictions are created in a deed, by the grantor. In the case of subdivision lots, the original grantor is the subdivision developer. A developer usually imposes restrictions on all lots in the subdivision by recording a declaration of restrictions (CC&Rs) and referencing the declaration in the first deed for each lot.
An easement may be created for: A.the life of the grantor B.a term of years C.perpetuity D.All of the above
A.the life of the grantor B.a term of years C.perpetuity D.All of the above An easement may be created to last for the life of the grantor, for a term of years, or for an unlimited duration (in perpetuity).
All of the following are required for an easement appurtenant, except: A.there must be at least two tracts of land under separate ownership B.the dominant tenement must abut the servient tenement along a border C.the easement must run with the land D.the dominant tenement must benefit and the servient tenement must be burdened
A.there must be at least two tracts of land under separate ownership B.the dominant tenement must abut the servient tenement along a border C.the easement must run with the land D.the dominant tenement must benefit and the servient tenement must be burdened Although an easement appurtenant commonly benefits and burdens neighboring properties, the dominant and servient tenements don't have to be located right next to each other. For instance, an easement for ingress and egress might allow the easement holder to reach his property by crossing over several lots in sequence.
Paul owned two vacant parcels of land; he sold the front parcel of land to Alice but reserved an easement across her property for road access. Paul did not use the easement for a period of 15 years. When Paul returned to build on his lot, Alice claimed the easement was now null and void. A court would find that the easement was: A.valid, because easements created by deed cannot ever terminate merely due to nonuse B.invalid, because an owner cannot grant himself an easement C.invalid, because the period of nonuse exceeded the limit D.valid, because the period of nonuse was less than 20 years
A.valid, because easements created by deed cannot ever terminate merely due to nonuse B.invalid, because an owner cannot grant himself an easement C.invalid, because the period of nonuse exceeded the limit D.valid, because the period of nonuse was less than 20 years An easement created by express grant or reservation can be terminated by a court after 20 years of nonuse. Here Paul's period of nonuse was only 15 years, so a court would rule that the easement was still valid. (Prescriptive easements terminate automatically after five years of nonuse, but this was not a prescriptive easement.)
When a court orders property to be seized before a judgment in an action, it is a/an: A.writ of execution B.writ of attachment C.abstract of judgment D.lis pendens
A.writ of execution B.writ of attachment C.abstract of judgment D.lis pendens A writ of attachment is issued during a lawsuit (before a judgment is entered) in order to attach a lien to the defendant's property pending the outcome of the lawsuit.
A private restriction is always one of these.
Encumbrances A private restriction may be a covenant or a condition, but it is always an encumbrance.
The owner of a large parcel of land is selling the back portion of the lot and retaining the portion that abuts the street. He's going to create an access easement for the buyer in the deed using this method.
Express Grant An easement is created by express grant when the owner of the servient tenement grants an easement to another person in a deed or other document.
A grantor is conveying the half of her land that's next to the street. She's going to create an access easement for herself in the deed by this method.
Express Reservation An easement is created by express reservation when a landowner divides her property, reserving an easement in the servient tenement for herself in the deed.
An encumbrance is a charge against a real property that is used as security for a specific debt.
FALSE A lien is a security interest in property, held by a creditor of the property owner. Not all encumbrances are liens; many encumbrances are nonfinancial in nature.
A railway easement was established for a railway line to serve a coal mine. Many years later, the coal mine closes permanently and the railway line is no longer needed. The easement is terminated by this method.
Failure of Purpose When an easement was established for a specific purpose and that purpose ends, the easement terminates by failure of purpose.
If ignored, a license could ripen into a prescriptive easement or even title by adverse possession.
False A license is permission to use another's property. Because the use is by permission, it could never grow into a prescriptive right or title.
The holder of a profit has a possessory interest in the land.
False A profit is a nonpossessory interest.
An encroachment is legally classified as an encumbrance.
False Technically, an encroachment is not an encumbrance, because it is not a right or interest held by the encroacher.
A creditor who has a lien against a debtor's real property is called a liened creditor.
False A creditor with a lien is called a secured creditor, or a lienholder.
A right to enter another's land and take something away from it, such as timber or minerals, is called a license.
False A right to enter another's property and take something away from it is a profit, not a license.
The priority of a lien is based on the amount of the lien. In the event of foreclosure, the larger the lien balance, the higher its priority.
False As a general rule, lien priority is based on the recording date: first to record, first in right.
The type of title a grantee has if her deed contains a condition.
Fee Simple Defeasable A deed that imposes a condition on the grantee's ownership creates a fee simple defeasible (also called a qualified fee or a conditional fee).
A parcel of property is divided into more than one lot. The grantor neglects to create a necessary access easement on one lot for the benefit of the other. The required easement would be created by this method.
Implication An easement may arise by implication when a property is divided into more than one lot and the grantor neglects to grant or reserve an easement on one lot for the benefit of the other.
A court order directing a property owner to comply with a deed restriction.
Injuctions An injunction is a court order prohibiting someone from performing an act, or commanding performance of an act.
An easement is permanent and non-revocable, while a license is temporary and revocable.
True An easement is permanent and non-revocable; a license is temporary and revocable.
An encroachment is a trespass, and a court may order an encroachment to be removed.
True An encroachment is considered to be a trespass. A court can order an encroachment's removal, or order the encroacher to pay damages to the neighbor.
A property tax lien would have lower priority than a mortgage.
True Real property tax liens and assessment liens always take priority over all other liens.
A lien that attaches to property with the owner's consent is called a voluntary lien.
True A lien that attaches to property with the owner's consent is called a voluntary lien.
The _______________ is the individual who benefits from the existence of an easement.
dominant tenant
An appurtenant easement is appurtenant to the _______________.
dominant tenement
A/an _______________ burdens one parcel of land for the benefit of another parcel of land.
easement appurtenant
A commercial easement such as a utility easement is an example of a/an _______________.
easement in gross
