Chap 4: Encumbrances, Restrictions and Appurtenance Flashcards
4.1. The priority of a mechanic’s lien depends on the :
a. date of recordation
b. date of contract
c. date of completion
d. date on which work commenced.
d. date on which work commenced.
ANSWER: D
- What or who ultimately determines the seaward property line of an oceanfront property in Hawaii?
a. Vegetation line
b. Upper reaches of the wash of the waves
c. A certified surveyor
d. An existing sea wall
- What or who ultimately determines the seaward property line of an oceanfront property in Hawaii?
b. Upper reaches of the wash of the waves
ANSWER: B
- If a contractor skipped town and did not pay the roofer for his work, the roofer could file:
a. a lis pendens
b. a notice of completion
c. a mechanic’s lien
d. a roofer’s lien
- If a contractor skipped town and did not pay the roofer for his work, the roofer could file:
c. a mechanic’s lien
ANSWER: C
4.4. Once a materialmen’s lien has been paid off, what should the owner do:
a. File a Notice of Completion
b. File suit to seize the contractor’s property
c. File a Satisfaction of Lien
d. Apply for a Deficiency Judgement
c. File a Satisfaction of Lien
ANSWER: C
- A mechanic’s lien filed for record today for work commenced two weeks ago has priority over:
a. A mortgage filed five days ago
b. A second mortgage recorded three days ago
c. An unrecorded mortgage that was given three months ago
d. All of the above
- A mechanic’s lien filed for record today for work commenced two weeks ago has priority over:
d. All of the above
ANSWER: D
- Under the recent PASH ruling:
a. The Hawaii Supreme Court upheld the traditional Western concept of absolute ownership of land in Hawaii.
b. Complete strangers may have a legal right to enter your land without your permission for certain purposes.
c. The issue of public access to private land is settled once and for all.
d. Title companies routinely defend against claims arising out of customary and traditional native Hawaiian gathering rights.
- Under the recent PASH ruling:
b. Complete strangers may have a legal right to enter your land without your permission for certain purposes.
ANSWER: B
- Brad Wattles fell behind in his real property tax payments, and lost his home to a speculator through foreclosure. Nine months later he received a cash settlement in a medical lawsuit. Which is true?
a. Brad can exercise his statutory right of redemption by paying the delinquent taxes, fines and interest to the Real Property Tax Division, and move back into his home.
b. Brad can exercise his statutory right of redemption by paying the new owner the amount of the back taxes, fines, interest and all other expenses the speculator incurred in purchasing the property on the courthouse steps.
c. There is no statutory right of redemption in tax foreclosure sales.
d. Brad waited too long; the statute of limitations on a tax foreclosure redemption in six months.
- Brad Wattles fell behind in his real property tax payments, and lost his home to a speculator through foreclosure. Nine months later he received a cash settlement in a medical lawsuit. Which is true?
b. Brad can exercise his statutory right of redemption by paying the new owner the amount of the back taxes, fines, interest and all other expenses the speculator incurred in purchasing the property on the courthouse steps.
ANSWER: B this is not a tax sale but a foreclosure…
- Hildo Tabisola, a dry land taro farmer, was drilling a new well on his farm when he discovered a rich vein of gold 125 feet down. His deed, “Reservation in favor of the state of Hawaii of all mineral and metallic mines.” Which is true?
a. Hildo would be able to sell the mineral rights and retire.
b. Hildo can lease the mining rights but not sell them.
c. He would be able to lease or sell the mineral rights, but only if he goes to court and proves that he has clear title with no liens or encumbrances attached.
d. Hildo would have no claim on the gold.
- Hildo Tabisola, a dry land taro farmer, was drilling a new well on his farm when he discovered a rich vein of gold 125 feet down. His deed, “Reservation in favor of the state of Hawaii of all mineral and metallic mines.” Which is true?
d. Hildo would have no claim on the gold.
ANSWER: D
- Makuakane owns a papaya farm on the Big Island. His land stretches down to the ocean and includes 450 feet of spectacular shoreline. A lava flow covers the lower acres of his farm and extends the property almost a hundred feet out into the ocean, creating roughly an acre of new land. Who owns the newly created land?
a. State of Hawaii
b. County of Hawaii
c. the US Government
d. Makuakane
- Makuakane owns a papaya farm on the Big Island. His land stretches down to the ocean and includes 450 feet of spectacular shoreline. A lava flow covers the lower acres of his farm and extends the property almost a hundred feet out into the ocean, creating roughly an acre of new land. Who owns the newly created land?
a. State of Hawaii
ANSWER: A
- In Hawaii, an easement of necessity:
a. is created any time a parcel of land becomes landlocked by subdivision.
b. will not be granted to a landlocked dominant estate
c. will be created only when agreed to by all the adjacent property owners.
d. will be created any time a parcel of land does not have access to a public road.
- In Hawaii, an easement of necessity:
b. will not be granted to a landlocked dominant estate
ANSWER: B
- Which of the following statements is incorrect?
a. If a plant that has been declared an invasive species is found growing on private property, the appropriate government agency may enter the property to control or eradicate the offending plant after reasonable notice is given to the property owner.
b. If the above mentioned property owner refuses entry to the government agency, such agency may obtain a court order to do so.
c. if the owner intentionally and knowingly planted the invasive species on his property, he maybe be forced to control or eradicate it at his own expense.
d. A property owner who resides out of state is exempt from the rules regarding invasive species.
- Which of the following statements is incorrect?
d. A property owner who resides out of state is exempt from the rules regarding invasive species.
ANSWER: D
- Regarding a judgement lien in Hawaii, which is correct?
a. the encumbrance on the property is removed when the debt is paid, the debtor files a satisfaction of lien and the satisfaction of lien is recorded.
b. In order to be effective the lien must be recorded with reference to a specific piece of real property.
c. The statutory time limit for a judgement lien is 10 years.
d. All of the above.
- Regarding a judgement lien in Hawaii, which is correct?
d. All of the above.
ANSWER: D
- In order to acquire a right in the land of another by prescriptive easement in Hawaii, all BUT which one of the following must occur?
a. Permission of the owner
b. Hostile use.
c. Open, notorious and visible use.
d. Continuous and uninterrupted use for 20 years.
- In order to acquire a right in the land of another by prescriptive easement in Hawaii, all BUT which one of the following must occur?
a. Permission of the owner
ANSWER: A
