REE ch.4 unit 5

Which of the following is an example of an easement by necessity? A court grants a land-locked owner the right to use a neighbor's driveway for access. Two neighbors agree the build a fence and share ownership of the fence. An owner invites a neighbor to use his swimming pool while the owner is away for the summer. A person habitually parks his recreational vehicle on his neighbor's yard because his own driveway is not large enough to hold it.

A court grants a land-locked owner the right to use a neighbor's driveway for access.

In which kind of easement is there a dominant tenement and a servient tenement? An easement in gross A commercial easement A personal easement An easement appurtenant

An easement appurtenant

Neighbor Fred built a retaining wall that was 2 feet outside his property line. What has Fred created? A deed restriction A license violation An encroachment A zoning exemption

An encroachment

What kind of interest does a lienor usually have in the liened property? A possessory interest Legal ownership of a dominant tenement A legal interest in a pro rata share of the property An equitable interest, except a mortgage lienor in a title-theory state

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

Which of the following is NOT a legal property of liens? Attaches to the property. Terminates when payment is recorded. Generally conveys an equitable interest. Can only exist one at a time against the same property.

Can only exist one at a time against the same property.

Oak Hill subdivision only allows homes over 2,000 sq ft to be built. What is this an example of? Deed restriction Encroachment Prescription Zoning restriction

Deed restriction

Which of the following tax liens is a junior lien? Special assessment tax lien Inheritance tax lien Income tax lien Ad valorem tax lien

Income tax lien

Which is NOT a superior lien? Special assessment lien Real estate tax lien Federal and state inheritance tax lien Judgment lien

Judgment lien

Which of the following statements about liens is FALSE? There may be multiple liens against a property. Liens always convey ownership. An owner acquires existing liens along with the property. A lien terminates once the debt is paid and satisfaction is recorded.

Liens always convey ownership.

Which would terminate an easement? Sale of the property by the dominant tenement Sale of the property by the servient tenement Revocation by the servient tenement Merger of the two properties

Merger of the two properties

How is a lien terminated? Payment of the debt that is the subject of the lien and recording of the satisfaction Transfer of the property that has the lien Recording of another lien that is superior Death of the lienor or lienee

Payment of the debt that is the subject of the lien and recording of the satisfaction

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? First mortgage Second mortgage Property tax lien Mechanic's lien

Property tax lien

A real estate tax lien, a federal income tax lien, a judgment lien, and a mortgage lien are recorded against a property. Which lien will be paid first when the property is sold? Real estate tax lien Federal income tax lien Judgment lien Mortgage lien

Real estate tax lien

What date is used to establish lien priority for a mechanic's lien? The date of recording the lien The date of contracting between the mechanic and the lienee. The date of beginning or ending the mechanic's work, per state law The date the lienee borrows money to pay the debt

The date of beginning or ending the mechanic's work, per state law

A property built 23 years ago had a roof overhang that extended 1½ feet onto a neighbor's property. What could happen? This could create an easement by prescription. The owner of the property could make the owner of the roof pay him for the land. Neither property owner could do anything since it has gone on for so long and hasn't bothered anyone. The owner of the property may have a better chance of suing to have the encroachment removed because damages could not be awarded that many years later.

This could create an easement by prescription.

One difference between a condition and a covenant is that breach of a covenant leads to forfeiture of ownership. a covenant can be enforced in court. a condition can be created at any time. a condition can be created only when there is a transfer of ownership.

a condition can be created only when there is a transfer of ownership.

Property A and property B share a common wall along the property boundary. To ensure that neither owner destroys the wall, the owners of A and B should create an easement by necessity. a perpetual encroachment. a license. a party wall easement.

a party wall easement.

An encroachment is an easement that has not been recorded on the title of the burdened property. an unauthorized physical intrusion of one property into another. a right granted by a property owner to the owner of an adjoining property to build a structure that protrudes across the property boundary. a structure that does not comply with a zoning ordinance.

an unauthorized physical intrusion of one property into another.

A lien is a debt incurred by a property owner. promissory note granted by a property owner as security for a debt. creditor's claim against property as security for a debt of the property owner. document that creates an easement.

creditor's claim against property as security for a debt of the property owner.

Other than its categorization as inferior or superior, a lien's priority is generally determined by the size of the amount that is the subject of the lien. date of recordation. date when the lienee signs the lien document. type of document used to establish the lien.

date of recordation.

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 prescription. personal easement. easement by necessity. easement in gross.

easement by necessity.

The lienee in a lien is the party who initiates the lien. owner of the property that is subject to the lien. party who has a claim against the owner of the property subject to the lien. property that is given as security for a debt.

owner of the property that is subject to the lien.

A general lien is a lien imposed by statutory law. imposed by court order. placed against an individual rather than against any particular property. placed against any and all property owned by an individual.

placed against any and all property owned by an individual.

Special assessment tax liens are general liens. are paid on a monthly basis. take priority over mechanic's liens. cannot be prepaid in full without penalty.

take priority over mechanic's liens.