practice 12// Unit 5: Encumbrances on Real Property Lesson 1: Encumbrances in Real Property

Which of the following describes an attachment?

An encumbrance on the property of a defendant in a pending lawsuit for money damages under special circumstances, such as when the defendant goes into hiding

Granted to a specific parcel of land and transfers with the land is an

Easement appurtenant

Typically created for the purpose of ingress and egress is an

Easement by way of necessity

Granted to a specific individual or business entity is an

Easement in gross

An unauthorized, affixed intrusion into another's property

Encroachment

Jeffery built a swimming pool behind his house. Turns out, the swimming pool is two feet inside his neighbor's property. easement or enchroachment

Encroachment

An unpaid property tax lien

Encumbrance

Why is it important that all liens be paid in full before a property conveys to a new owner?

If the property transfers to the new owner and liens remain unpaid, the unpaid liens can trigger a foreclosure.

A debt against a property is a

Lien

Which of the following is true about right-of-way easements?

They provide a pass-through route.

an easement is the

authorized use of another's property for a specific purpose (in this case, to cross the owner's property).

An encumbrance in real estate is any

claim or lien held by another person or entity against the property that limits the owner's use or rights, or decreases the property value.

An authorized physical restriction on a property's use is a

easement

Susan lives next to a beach. In order for her neighbors to reach the beach, they must cross through her property. easement or enchroachment

easement

Written documents that typically outline the easement's terms, location, and purpose is an

express easement

An encumbrance is a claim on a property that increases the value of the property.

false

Real estate can't be transferred with any kind of encumbrance.

false

A general, involuntary lien against a property due to a court decree resulting from a lawsuit is what type of lien

judgment lien

A specific, involuntary lien placed by contractors or subcontractors against a non-paying client's property is what type of lien

mechanics lien

A specific, voluntary lien against a single property that uses the property as collateral for loan repayment is what type of lien

mortgage lien

Overgrown weeds in the yard

not an Encumbrance

Created through one party's continued, uninterrupted, exclusive, and adverse use of another's property for a specified period of time is an

prescriptive easement

A specific, involuntary lien against property owners who have not paid property taxes is what type of lien

real property tax lien

A license is permission to do something on another's land without actually possessing any interest or ownership in the land. true or false

true

A license isn't assignable or inheritable, and it's a temporary privilege.

true

An easement is a right to cross over or otherwise use another's land for a specified purpose.

true

An encroachment is an intrusion of a structure or object on another's land. true or false

true

An encumbrance is a claim on a property held by another person or entity that limits the owner's use or rights.

true

Because they limit the use or a appearance of a property, deed restrictions are a form of encumbrance.

true

Encumbrances can be physical or monetary.

true

The CC&Rs put in place by a Homeowner's Association are a form of encumbrance.

true

The owner may revoke a license at any time, unless a termination date has been specified by contractual agreement.

true