4. RE100 Chapter 3

A thirty-five-year-old head of household files a legally declared homestead against a $480,000 home that has a $370,000 loan against the property. A judgment creditor attempts to force the sale of the home. If the home is sold, the judgment creditor is allowed how much from the sale proceeds?

$35,000

Which document does not need to be recorded to be valid?

Deed

Which of the following is a general lien?

Judgment

Which of the following is an involuntary lien?

Judgment

An easement on a parcel of land may be removed from the records by one of the following:

Recording a quitclaim deed executed by the user of the easement to the servient tenement

If an owner files a notice of completion, a general contractor has how many days to file a mechanics' lien?

Sixty days

If a landlord wishes to be protected from a mechanics' lien on work ordered by a tenant, upon discovery of the work, the landlord must file a notice of nonresponsibility within how many days?

Ten days

If an owner files a notice of completion, a subcontractor has how many days to file a mechanics' lien?

Thirty days

When a property owner discovers that a neighbor has built a structure on a portion of his or her property, how long does the property owner normally have to bring an action against the neighbor?

Three years

A plaintiff takes a case to court and obtains a judgment. To create a lien on the defendant's property, the plaintiff must record a(n)

abstract of judgment.

A telephone company's right to enter your property to maintain power lines is an example of

an easement in gross.

An easement is an example of

an encumbrance on real property

Seizure of property by court order, usually done to have the property available in the event a judgment is obtained in a pending suit.

attachment

A qualification of an estate granted that can be imposed only in conveyances. They are classified as conditions precedent and conditions subsequent

condition

Private deed restrictions are known as CC&Rs. The first C stands for

covenant

If zoning laws allow a property to be used in such a manner that is prohibited by a lawful deed restriction, the

deed restriction should prevail.

Term used in connection with right-of-way rights and is the property that benefits from the use of the easement.

dominant tenement

When an easement ''runs with the land,'' it is called an

easement appurtenant

An easement that does not have a dominant tenement.

easement in gross

The terms ingress and egress refer to

easements.

the wrongful construction of a building or an improvement on or over the land of another.

encroachment

Anything that affects or limits the fee- simple title to property, such as mortgages, easements, or restrictions of any kind. Liens are special encumbrances that make the property security for the payment of a debt or an obligation, such as mortgages and taxes.

encumbrance

A lien that applies to all the property of an owner, unless exempt by law, is a

general lien

Designed to protect a homeowner's equity in a personal residence from forced sale by certain types ofcreditors.

homestead law

A lien imposed against property without consent of an owner; for example, taxes, special assessments, and federal income tax liens.

involuntary lien

The final determination of a court of competent jurisdiction of a matter presented to it; money judgments provide for the payment of claims presented to the court or are awarded as damages

judgment lien

A formally declared homestead can be terminated in all of the following ways,

making untrue statements in the homestead declaration. selling the property. filing an abandonment of homestead.

A lien created by statute that exists against real property in favor of persons who have performed work or furnished materials for the improvement of the real estate.

mechanics' lien

Document that an owner of real property files at the County Recorder's office once construction work on the property is completed.

notice of completion

A notice provided by law designed to relieve a property owner from responsibility for the cost of work done by a tenant on the property or materials furnished therefore notice must be verified, recorded, and posted.

notice of nonresponsibility

A mechanics' lien can be filed and recorded for the benefit of

painters. subcontractors. material suppliers.

A wall erected on the line between two adjoining properties, which are under different ownership, for the use of both properties.

party wall

Materials were delivered to a building site for the construction of a commercial building. To be sure the supplier can collect for the cost of the material, he or she should file a

preliminary notice.

When the government imposes restrictions on property, they are called

public restrictions

Property that is subject to an easement or upon which the easement is imposed.

servient tenement

A homeowner with a valid formal declaration of homestead has six-months in which to invest his or her equity money into the purchase of another home, thereby continuing to protect the equity against creditors up to the exemption amount

six-month rule

Liens that attach to only a certain, specific parcel of land or piece of property.

specific lien

Once properly recorded, an abstract of judgment is good for

ten years.

One way of acquiring an easement is by prescription. All of the following are required for the creation of this type of easement,

using the property hostile to the true owner's wishes. using the property openly and notoriously. having some right of claim or color of title.

Any lien placed on property with con- sent of or as a result of the voluntary act of the owner.

voluntary lien

An order from the court allowing the judgment holder to attach or seize real or personal property belonging to the judgment debtor.

writ of execution