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.
