Encumbrances
Which of the following is an encumbrance, but not a lien?
Deed restriction
Right-of-way easements, such as those acquired by public utilities, are usually called
easements in gross.
A deed to real property has the statement "subject to an easement." The term "subject to" would mean the burdened land is
encumbered
Land which is subject to an easement is said to be
encumbered
An easement of passage across Smith's property would be a(n)
encumbrance
Permission to use property by the giving of an easement creates a(n)
encumbrance
A personal, revocable, nonassignable right to use the property of another is called a(n)
license
The owner of a lakefront property gives verbal permission to 3 local sportsmen to cross his land each weekend during the summer of a given year for the express purpose of fishing. He has created what may properly be described as a(n)
license
The right to enter upon the property of another and fish in a pond on the property is called a(n)
license
When one has permission to use land for some limited, specific purpose, but has no other rights, one has a
license
A construction (mechanic's) lien claim arises when a contractor has performed work or provided material to improve a parcel of real estate on the order of the owner and the work has not been paid for. Such contractor has a right to
record a notice of lien and file a court suit within the time required by state law.
An easement appurtenant to real property can be terminated by all of the following EXCEPT
revocation by the servient owner.
Two adjoining lots have an easement between them with 1 person holding a dominant tenement and the other a servient tenement. Under these circumstances
the easement could be eliminated by merging the 2 properties under 1 owner.
Which of the following may be a lien against real property?
A judgment.
Which of the following is created when real estate is pledged as security for a loan?
A lien
Which of the following actions will terminate an easement?
A release signed by the holder of the dominant tenement.
Which of the following statements concerning encumbrances is FALSE?
All encumbrances are liens.
Which of the following encumbrances affects the physical use of the property?
An easement.
Which of the following is NOT an encumbrance on real property?
Deed
An easement in gross
I only
Which of the following encumbrances would constitute a lien on real property?
Mortgage
Which of the following is considered to be a voluntary lien?
Mortgage on real property
Mr. Michaels granted an easement appurtenant to Mr. Baldwin. Mr. Baldwin recorded the easement. Mr. Baldwin later sells his property to Mr. Charles but fails to mention the easement to him. Which of the following is true?
Mr. Charles would receive the rights of the easement upon the purchase of the property from Mr. Baldwin.
An easement is
an encumbrance, but not a lien.
The priority of a lien for real property taxes is
before a first mortgage lien.
A license usually differs from an easement in that a license
can be revoked.
If I have a permanent right to cross your land to get to my house, my property has a(n)
dominant tenement.
When a party owns landlocked property and requires access over the land of an adjacent owner to reach his property he would likely be entitled to a(n)
easement by necessity.
An easement created by a process similar to adverse possession is known as an
easement by prescription.
The Northern and Pacific Telephone and Telegraph Company has an easement on real property listed by Broker Root. This easement is a(n)
encumbrance on the property.
A money judgment of the court, when recorded, always becomes a(n)
involuntary lien.
An appurtenant easement
is an interest in land capable of transfer.
Ward owned two acres of land. He sold one acre to Taylor and reserved an easement appurtenant for ingress and egress over Taylor's acre to enable him to reach the public road. Taylor's land
is called the servient tenement.
All of the following statements concerning an appurtenant easement are true EXCEPT
it must involve adjoinment of the properties at their respective boundary lines.
A court decree determining that one individual is indebted to another and fixing the amount of indebtedness is called a(n)
judgment
A form of public notice filed against certain lands setting forth that court action has been instituted is known as a(n)
lis pendens.
When a claim against a parcel of real estate may result from a pending law suit, a person examining the public records would look for
lis pendens.
An easement appurtenant
may be terminated by the dominant tenement.
An easement is said to terminate by merger when the
owner of the easement becomes the owner of the land that is subject to the easement.
With certain exceptions a property tax lien has priority over other interests in real property
regardless of when they were recorded.
An easement appurtenant
runs with the land.
The charge imposed for paving of a road is called a(n)
special assessment.
A lien which affects only one parcel of property belonging to the debtor is known as a
special lien.
Real property taxes that are not paid are
specific, involuntary liens.
All of the following statements regarding an appurtenant easement are true EXCEPT
the dominant tenement must adjoin the servient tenement at one border.
The act of entering upon another person's real estate without authority or permission of the owner is called a(n)
trespass
The servient estate in regard to an easement appurtenant is the property
upon which the easement is placed.
Legal seizure of property for payment of money before judgment is a(n)
writ of attachment.
The document allowing for the legal seizure of property for a debt before a judgment is called a(n)
writ of attachment.
When a court orders a person to sell property it issues a(n)
writ of execution.
