Chapter 6 Quiz

Which of the following individuals could NOT file a mechanic's lien? Select one: a. A contractor supplying tools to a gas station. b. A contractor supplying lumber to build a shopping center. c. A laborer who digs the foundations for the construction of homes. d. A plumbing supply company which furnishes sinks and toilets for an apartment house.

a. A contractor supplying tools to a gas station. Tools are personal property, only valid on real property.

Amalia owns property and gladly allows her friend Sophie to use the land, reserving for herself the right to periodic inspections. In order to maintain her interest, Amalia should give Sophie: Select one: a. A license. b. A right of way. c. An easement appurtenant. d. An easement in gross.

a. A license. A license is permission to use the land. The license can be cancelled by Amalia. In the real world, Amalia could use a lease, depending on the use of property.

The creation of an easement by prescription is analogous to: Select one: a. Adverse possession. b. Unlawful detainer action. c. Accretion. d. Police power.

a. Adverse possession.

Which is NOT a lien against real property? Select one: a. An easement. b. A special tax assessment. c. Property taxes. d. A mortgage.

a. An easement.

Harry sold his riverfront property to Sally, but reserved for himself an easement whereby for the rest of his life, Harry will have the right to cross the property to fish from the river. Which of the following statements is correct about this situation? Select one: a. Sally owns the servient estate. b. Harry owns the dominant estate. c. Sally owns the servient estate and Harry owns the dominant estate. d. Sally owns the dominant estate and Harry owns the servient estate.

a. Sally owns the servient estate.

Regarding the difference between an easement in gross and an easement appurtenant, which of the following is true? Select one: a. The former is a personal property right, the latter is an interest. b. The former requires the existence of adjacent properties. c. Death of the grantee terminates the latter but not the former. d. Sale of the property terminates the latter but not the former.

a. The former is a personal property right, the latter is an interest.

An easement appurtenant can be terminated by all of the following EXCEPT: Select one: a. The owner of the servient tenement, by executing a deed releasing his easement interest. b. The owner of the dominant tenement, by executing a deed releasing his easement interest. c. The dominant and servient tenements are merged. d. The owner of the dominant tenement abandons his easement interest.

a. The owner of the servient tenement, by executing a deed releasing his easement interest.

An IRS lien is a general lien. Select one: a. True b. False

a. True

An easement by necessity is one created by operation of law. Select one: a. True b. False

a. True

An easement may be accomplished by operation of law through the government's power of eminent domain in condemnation proceedings. Select one: a. True b. False

a. True

Easements are terminated when the need for the easement no longer exists. Select one: a. True b. False

a. True

Judgment liens are general, statutory, involuntary liens that attach to real and personal property. Select one: a. True b. False

a. True

You could have a lien on your property as a result of the county installing sidewalks in your neighborhood. Select one: a. True b. False

a. True

Jerry Jones buys a piece of land that has no access to a public road. He can access his land: Select one: a. because the law guarantees all landowners egress and ingress. b. only if one of his neighbors grants him an easement. c. only by establishing an easement by prescription. d. because of the principle of laches.

a. because the law guarantees all landowners egress and ingress.

A real property owner is being sued in court for personal debts. Title of the real property is encumbered by court order which provides that the court hold title to this real property until the suit is concluded. This encumbrance is called: Select one: a. An encroachment. b. An attachment. c. An appurtenance. d. Estoppel.

b. An attachment.

Which statement about liens and encumbrances is correct? Select one: a. All encumbrances increase real property values. b. An easement is an encumbrance. c. An encumbrance cannot be created by an owner of real property. d. Restrictions of a beneficial nature are liens.

b. An easement is an encumbrance. Owners rights are diminished if there is an encumbrance on property.

An easement by implication is one created by operation of law. Select one: a. True b. False

b. False

A writ of attachment is a statutory lien. Select one: a. True b. False

b. False Created by a court, not a statutory lien.

Suppliers can get a mechanic's lien only if they have an express, written contract for the material supplied. Select one: a. True b. False

b. False Suppliers can obtain a mechanics lien based on either an express or implied contract.

A party wall agreement is a personal easement in gross. Select one: a. True b. False

b. False The party wall becomes an appurtenance that would stay with the property when it is cold. It does not relate to a person.

All mortgages are? Select one: a. Due on sale. b. Liens. c. Recorded. d. None of these choices.

b. Liens.

Fred bought a new boat. He hired a contractor to build a dock on his lake-front property. Fred did not pay the contractor. In an attempt to get paid, the contractor may file a: Select one: a. Mechanic's lien against the boat. b. Mechanic's lien against the property. c. General warranty lien against the boat. d. Littoral rights lien against the property.

b. Mechanic's lien against the property.

Which of the following would have priority at a foreclosure sale ordered by a court? Select one: a. 1st mortgage. b. Real estate tax lien. c. Judgment lien. d. Mechanic's lien.

b. Real estate tax lien.

If a mechanic's lien is not enforced within the statutory period of time, which of the following occurs? Select one: a. The lien is foreclosed. b. The lien expires. c. The lien is withdrawn. d. The court will order attachment.

b. The lien expires.

The following liens have been recorded against a property: (1) a property tax lien was recorded on January 1 of 2015 but was not due until June 30th. (2) A mortgage was recorded on November 10, 2014. (3) A mechanic's lien was recorded on February 28, 2015. (4) A judgment lien was recorded on March 15, 2015. Which lien would have priority in the event of a forced sale of the property? Select one: a. The mortgage lien. b. The property tax lien. c. The mechanic's lien. d. The judgment lien.

b. The property tax lien.

Carol has a right to use Fred's driveway for her lifetime. Carol has a/an... Select one: a. life estate. b. easement in gross. c. license to use. d. riparian rights.

b. easement in gross. This is an easement since it relates to a person, not another property.

The order of priority of liens would most likely be Select one: a. mortgage, tax, mechanic's. b. tax, mortgage, mechanic's. c. mechanic's, tax, mortgage. d. mortgage, mechanic's, tax.

b. tax, mortgage, mechanic's.

Statutory protection for a person supplying building materials or labor for improvements to real property is provided by: Select one: a. The right of redemption. b. Estoppel. c. A mechanic's lien. d. Rescission.

c. A mechanic's lien.

Bob owns a property where the house is on the back of the lot. He sells the front half of the lot to Carol, reserving an access easement across the front lot. Which of the following statements is correct? Select one: a. Bob owns the servient estate. b. Carol owns the dominant estate. c. Bob owns the dominant estate, Carol owns the servient estate. d. Bob owns the servient estate, Carol owns the dominant estate.

c. Bob owns the dominant estate, Carol owns the servient estate.

Which of the following items would be considered an encumbrance on a property? Select one: a. A lien. b. An easement. c. Both an easement and a lien. d. Neither an easement nor a lien.

c. Both an easement and a lien.

A landscaper has not been paid for landscaping a homeowner's yard. A friend tells him the house is for sale. What should the landscaper do? Select one: a. Sue the listing agent. b. File an injunction. c. File for a mechanic's lien. d. Write a letter to the owners demanding immediate payment.

c. File for a mechanic's lien.

On September 12, 2014 a residential property had the following liens filed against it: a 1st mortgage, a mechanic's lien and a special assessment. On May 20, 2015 a 2nd mechanic's lien was filed against the property. Which lien has priority? Select one: a. Mortgage. b. 1st mechanic's lien. c. Special assessment. d. 2nd mechanic's lien.

c. Special assessment.

Which of the following is NOT a specific lien? Select one: a. a recorded property tax lien b. a mechanic's lien c. a judgment lien d. a mortgage lien

c. a judgment lien

Except for tax liens, and in some states a mechanic's lien, priority of the liens is determined by Select one: a. amount of the debt. b. date of default. c. date of recording. d. court at time of foreclosure.

c. date of recording.

A lien attached to one parcel of real estate Select one: a. is a statutory lien. b. arises from a voluntary agreement. c. is a specific lien. d. is a federal tax lien.

c. is a specific lien.

A workman who is not paid for work that improved real estate may file a: Select one: a. labor judgment. b. novation. c. mechanic's lien. d. lis pendens.

c. mechanic's lien.

All of the following are encumbrances on real property EXCEPT: Select one: a. Easements b. Liens c. Deed restrictions. d. A license

d. A license It can be canceled at any time.

An easement in gross is: Select one: a. A license. b. Created by prescription. c. A servient tenement. d. A personal right to use another's land.

d. A personal right to use another's land.

Which of the following statements about liens is ALWAYS true? Select one: a. A lien is an encumbrance on title. b. A lien arises from a debt. c. A lien creates a cloud on title when recorded. d. All of these choices.

d. All of these choices.

The right or privilege that one person has to use property that belongs to another person is referred to as: Select one: a. Condemnation. b. A lien. c. An encroachment. d. An easement.

d. An easement. Could be a license, but not a choice.

Who may file a mechanic's lien? Select one: a. Carpet company. b. Plumber. c. Building supply company. d. Any of the above.

d. Any of the above. Anyone who works to improve real property or supplies materials for improvements to real property.

An appurtenant easement may be terminated by all of the following EXCEPT: Select one: a. Merger of the dominant and servient estates. b. A deed by an owner of the easement releasing his or her interest. c. Abandonment by the dominant estate. d. Condemnation of the servient estate through eminent domain.

d. Condemnation of the servient estate through eminent domain.

Jones buys a lot that has no access by way of a public road. He can gain access to his land by way of his neighbor's land that has public road access Select one: a. Only if the grantor of the property caused the lot to be landlocked. b. Only if his neighbor agrees to give him an easement. c. Only by establishing an easement by prescription. d. Either if the grantor of the property caused the lot to be landlocked or if his neighbor agrees to give him an easement.

d. Either if the grantor of the property caused the lot to be landlocked or if his neighbor agrees to give him an easement.

How may an appurtenant easement be terminated? Select one: a. If the servient estate is sold. b. When the dominant estate owner dies. c. The granting of a license. d. If the easement is released by the owner of the dominant estate.

d. If the easement is released by the owner of the dominant estate.

Francoise is awarded a judgment lien against Gerald. Gerald's only asset is his real property worth approximately $20,000. This property already has a tax lien, a mortgage lien and a recorded mechanic's lien. If the property is sold at a foreclosure or trustee's sale, Francoise can expect to collect on the judgment lien, before which of the following: Select one: a. The mortgage. b. The tax lien. c. The mechanic's lien. d. None of the above.

d. None of the above.

A contractor was hired to paint the interior and exterior of Harry's rental property. Harry did not pay and the contractor filed a mechanic's lien. Which of the following is true regarding the lien? Select one: a. The lien can only be for the cost of the materials used. b. The lien applies to all of Harry's real property. c. The lien applies to all Harry's real and rental property. d. The lien applies only to Harry's rental property.

d. The lien applies only to Harry's rental property. can apply to materials and labor

Sally inherits a lot which has no direct access to a nearby street. Is she entitled to obtain an access easement? Select one: a. No. b. Yes, as a matter of fairness. c. No, unless she can negotiate an access easement with a neighbor. d. Yes, as a matter of law.

d. Yes, as a matter of law. A landlocked parcel can obtain an easement by necessity by going to court.

Jim and Sally own adjoining properties. Sally's deed gives her the right to cross Jim's property. Sally's right is known as Select one: a. an easement by necessity. b. an easement in gross. c. a license. d. an easement appurtenant.

d. an easement appurtenant.

A lien that is established by the state legislature is Select one: a. a statutory lien. b. a legislative lien. c. an involuntary lien. d. both a statutory lien and an involuntary lien.

d. both a statutory lien and an involuntary lien.