Unit 5

Which is not a necessary element for an easement by prescription? A. a confrontation with the owner b. continuous use for at least five years c. use that is open, notorious, and hostile to the owner's interests d. use based on a claim of right

a. a confrontation with the owner

Robert Smith purchased his home from Henry Jones, who took back Smith's note secured by a mortgage in partial satisfaction of the purchase price. Under these circumstances, title to the property is encumbered by: a. a specific lien b. a general lien c. an involuntary lien d. none of the above

a. a specific lien The title o only this property is encumbered by the mortgage, so it is a specific-not general- lien. And it was freely entered into both parties, so it is a voluntary - not involuntary -loan.

Roberts, who owns a farm, gave Stevens, who owns no property, a nonrevocable right to cross his farm to fish in the lake. Stevens has: a. an easement in gross b. a license c. an easement appurtenant d. an easement by prescription

a. an easement in gross

An owner of a parcel of real property gave his neighor a deed conveying an easement for ingress and egress. The easement was not specifically located in the deed. The neighbor's right ito use the easement is: a. enforceable because the location of such an easement need not be specified b. enforceable only if the easement is an easement in gross c. unenforceable due to the lack of a specific location d. unenforceable because easements are created by written agreement, never by deed.

a. enforceable because the location of such an easement need not be specified

A judgement that has been recorded wouldusually be classified as a(n) ____ lien. a. involuntary b. superior c. inferior d. equitable

a. involuntary

A lis pendens goes into effect: A. when it is recorded b. on the day of a mechanic's lien is filed c. on the day of the final judgement d. when it is signed

a. when it is recorded

Which of the following creates a lien? a. a notice of nonresponsibility b. a deed of trust c. an easement d. a restriction

b. a deed of trust Recording the deed of trust is the only action listed that would make the property security for performance of an act (in this case, repayment of the deed of trust).

The owner of an apartment building fails to declare the income of rental payments. A. U.S. government tax lien as a result of such an omission would be called: a. a voluntary lien b. a general lien c. a judgement lien d. none of the above

b. a general lien

Which of the following is an encumbrance on real property? a. a freehold b. a lease c. a homestead d. none of the above

b. a lease a lease involves the transfer of rights of occupancy and use from the lessor to the lessee, so it qualifies as an encumbrance

A deed restriction is considered to be: a. a general lien b. an encumbrance c. a constructive lien d. all of the above

b. an encumbrance

An encumbrance includes which of the following? A. a freehold estate b. an estate for years c. a declared homestead d. fee simple absolute

b. an estate for years

Which of the following is the best definition of "easement"? a. a personal, revocable permission to enter the land of another b. a non-possessory interest in the land of another that can be created by conveyance c. an interest in the land of another person, possessory in nature, and revocable at will by the owner of the dominant tenement d. an interest in the land of another person that can be created by assignment

b. an non-possessory interest in the land of another that can be created by conveyance

Which of the following is the best definition of "encumbrances"? a. the degree, quantity, nature, and extent of interest that a person has in real property b. anything that affects or limits the fee-simple title to or value of property c. the use of property as security for debt d. any action regarding property, other than acquiring or transferring title

b. anything that affects or limits the fee-simple title to or value of property

Private restrictions on land can be created: a. by deed b. by deed or by written agreement c. by deed or zoning ordinance d. by deed, written agreement, or zoning ordinance.

b. by deed or written agreement.

The recording of a lis pendens: a. does not affect the title b. clouds the title and affects marketability c. clouds the itle but does not affect marketability d. affects the current owner but not a subsequent owner

b. clouds the title and affects marketability.

Which of the following is not a lien? A. an unpaid real property tax. b. duly recorded restrictions c. an assessment bond for street improvements d. a duly recorded unsatisfied abstract of judgement for money

b. duly recorded restrictions

All of the following are required for the existence of an appurtenant easement except: a. at lease two parcels of land under separate ownership b. the dominant and servient tenements must physically adjoin at their borders c. the easement is transferred with the transfer of the dominant tenement d. the easement benefits one tenement and burdens the other

b. the dominant and servient tenements must physically adjoin at their borders.

Cramwell purchased a house using a real property sales contract that was recorded by the seller. Cramwell later was unable to make the required monthly payments because he lost his job, and he moved to another state. Which of the following is a correct statement? a. the negotiability of the instrument is not affected. b. there is a cloud on the seller's title c. a future purchaser should not be concerned about the seller's trade d. none of the above.

b. there is a cloud on the seller's title

A lis pendens action remains in effect: a. as long as the action is pending b. until an order of release is obtained c. until a final judgement is delivered d. in any of the above situations

b. until an order of release is obtained

A grant or reservation of an unlocated easement in a conveyance of real property is: a. void for lack of certainty b. valid c. invalid d. voidable because a deed is not the proper instrument to create an easement

b. valid

Which of the following is an easement in gross? A. an easement appurtanent b. an easement by prescription c. a right in another's land that is not attached to any land owned by the easement holder d. a right of an owner in his own land

c. a right in another's land that is not attache dto any land owned by the easement folder.

Parker Grants Dudley an easement for a right-of-way over Parker's land. If Dudley were to own no land, the type of easement granted by parker would be known as: a. appurtanent easement b. easement by necessity c. easement in gross d. easement by prescription

c. easement in gross

The personal, revocable, unassignable permission to use the property of another without a possessory interest is a(n): a. easement b. encroachment c. license d. option

c. license

The form of encumbrance that makes specific property security for the payment of a debt or discharge of an obligation is known as a: a. fief b. quitclaim c. lien d. reservation

c. lien The property remains a security for an unpaid debt unless and until it is forced to be sold after the lien is "perfected" (ruled favorably upon by a court of law)

All of the following are methods of terminating an easement except: a. adverse possession by the owner of the servient tenement b. express release from the holder of the dominant tenement c. nonuse of a prescriptive easement for six months d. destruction of the servient tenement

c. nonuse of a prescriptive eaesment for six months

Which of the following is a quiet-title-action? a. an action to foreclose b. a police action to quiet a noisy tenant c. purchasing property through a dummy buyer d. a court action to remove a cloud on the title

d. a court action to remove a cloud on the title

An easement on real property can be terminated by: a. a conveyance of the servient tenement to a third party b. being revoked by the party granting the easement c. an express release fromt he servient tenement holder d. a release signed by the holder of the dominant tenement

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

Allen leased a parcel of land from Barber for a period of 15 years. Charles, who owns the adjoining parcel, asks Allen for an easement for ingress and egress over the leased property. Under these circumstances: a. Allen, as lessee, cannot grant the easement b. Barber is the only party that can grant the easement c. no easement can be granted during the term of the lease d. Allen can grant the easement but only for the term of the estate.

d. allen can grant the easement but only for the term of the estate.

Jones owned Blackacre as well as an easement appurtenant to Whiteacre, the adjoining property, which was owned by Smith. Jones sold Blackacre to Wilson. Wilson then attempted to use the easement appurtenant to Whitacre. Smith objected to Wilson's use of the easement, arguing that it had been granted to jones, not wilson. Which of the following statements is correct? A. Jones owns blackacre and may sell the easement appurtenant if he wishes. B. As holder of the dominant tenement, Jones personally owns the easement appurtenant C. As holder of the servient tenement, Smith must consent to the easement appurtenant. D. an easement appurtenant runs with the land

d. an easement appurtenant runs with the land.

Which of the following statements about encumbrances is correct? a. A specific lien is always a voluntary lien b. Overdue federal income taxes may become a lien but not an encumbrance c. all encumbrances are liens, but not all liens are encumbrances d. it is common practice for a buyer to accept a previously encumbered deed.

d. it is common practice for a buyer to accept a previously encumbered deed.

A lis pendens: a. does not affect title to real property if the current owner is not a party to the pending lawsuit: b. may be recorded for any type of lawsuit c. only affecs the title if the outcome of the lawsuit is in thee plaintiff's favor d. may be removed from the County Recorder's office records by court order

d. may be removed from the County Recorder's office records by court order