Unit 5 National Ownership

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.

In which kind of easement is there a dominant tenement and a servient tenement?

An easement appurtenant

What kind of interest does a lienor usually have in the liened property?

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

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

Deed restriction

Which is NOT a superior lien?

Judgment lien

Which of the following statements about liens is FALSE?

Liens always convey ownership.

Which would terminate an easement?

Merger of the two properties

Which of the following is an example of a voluntary lien?

Mortgage lien

How is a lien terminated?

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

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

What date is used to establish lien priority for a mechanic's lien?

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

Which of the following is true of easements in general?

They involve the property that contains the easement and a non-owning party.

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.

One difference between a condition and a covenant is that

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

A court might grant an easement by prescription if

an intruder has been using an owner's property for a certain period with the owner's knowledge but without permission.

An encroachment is

an unauthorized physical intrusion of one property into another.

An encumbrance is most broadly defined as

another's interest in a real property that limits the interests of the freehold property owner.

A lien is a

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

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 necessity.

An improvement which crosses over the property line without permission is called a(n)

encroachment.

The lienee in a lien is the

owner of the property that is subject to the lien.

A lien holder can change the priority of a junior lien by agreeing to

subordinate the lien.

Which of the following tax liens is a junior lien?

subordinate the lien.

Special assessment tax liens

take priority over mechanic's liens.