Chapter 3 Flashcards
A homeowner objected when a local utility company dug up his garden to install a natural gas line. The company claimed it had a valid easement supportedby the county records. The homeowner claimed the easement was not valid because he was unawareof its existence. The easement was
a. a valid easement in gross even though the owner did not know about it.
b. a valid appurtenant easement owned by the utility company.
c. not valid because the owner did not authorize the easement. Not valid because the owner was not informed of its existence when he purchased the property.
a.a valid easement in gross even though the owner did not know about it.
A homeownertells her neighbor that he can park his camper in the corner of her backyard. Norent is charged for the use of her yard. This is an example of
a. an easement in gross.
b. an easement by necessity.
c. an easement by prescription.
d. a license.
D. License
In orderto reach the garage on their property,the property owner utilizesan easement appurtenant that gives the rightto use the neighboring property’s driveway. The neighboring property is the
a. leasehold interest.
b. dominant tenement.
c. servient tenement.
d. licensing property.
c. servant tenement - the neighboring property is “serving the needs” of the other property making the other property the dominant property.
A recent patio addition extends one foot over the property line onto the lot next door. This best describes an
a. easement.
b. encumbrance.
c. encroachment.
d. entitlement.
c. Encroachment ( the property is crossing property line, they should have had the property surveyed to know the property lines, this is an intrusion on someone else’s property)
The owner of two acres of land sold one acre but retainedan appurtenant easement over that land for ingress and egressto his retained lot. The retained lot
a. is the dominant tenement.
b. serves as the servient tenement.
c. can be cleared of the easement when it is sold to a third party.
d. is subject to an easement in gross.
a. is the dominant tenement
A developer owns 50 acres of land that she wishes to subdivide into individualresidentiallots.The developergrants access to the individual parcels so that utility companies can install their lines and pipes. Each utility company has been granted a.an easement in gross. b.an appurtenant easement .c.an easement by necessity .d.a license.
a. easement in gross (power lines, gas lines, cell phone towers, street lights, something placed on the land by a utility company is an easement in gross)
The developer grants the power company the right to install transmission linesthroughout the subdivision. This right is called
a. a license.
b. an easement in gross.
c. an easement by prescription.
d. a conditional use permit
b. easement in gross
A lot is encumbered by a sewer easement that runs where the property owner wishes to put the foundation of a house. How will this placement affect construction?
a. It will have no effect because the sewer line is deeper than the foundation would be.
b. The house must be constructed to avoid the easement.
c. The municipality must move the sewer line prior to construction.
d. Any easement through the lotwill prevent construction.
b.The house must be constructed to avoid the easement. - (If there’s an easement on your property, you would have to
Avoid it meaning that the foundation couldn’t run into the sewer line because it’s already there.)
A smallparcel of landis completely surrounded by other lots and has no street access. Which of the following is TRUE?
a. The municipality must construct a street to create access.
b. The owner must create an easement by condemnation to provide access.
c. An easement by prescription should be granted.
d. An easement by necessity should be created for the land-locked parcel.
d.An easement by necessity should be created for the land-locked parcel. - (No land locked parcels in the state of NC)
When a personal judgment is properly recorded in the county in which the defendant resides and owns real property, the judgment becomes a.a voluntary lien .b. a specific lien. c.an involuntary lien. d. an equitable lien.
c.an involuntary lien. (I didn’t really sign up for this lien or wasn’t expecting this).
When a company furnishes building materials for a house and is subsequently NOT paid, the company may file
a. a deficiency judgment.
b. a lis pendens.
c. an estoppel certificate.
d. a mechanic’s lien.
d.a mechanic’s lien.
Which of the following liens is NOT required to be recorded in order to be valid?
a. Mortgage lien
b. Ad valorem tax lien
c. Judgment lien
d. Mechanic’s lien
b.Ad valorem tax lien( its effective Jan. 1, it doesn’t have to be recorded)
A state income tax lien would be properly classified as
a. an equitable lien.
b. a specific lien.
c. a mechanic’s lien.
d. a general lien.
d.a general lien. ( it follows the person so it is general no matter what until it is paid.)
The current market value of a property is $135,000. For tax purposes, it is assessed at 60%of market value. The tax rate is $2.45per $100 ofassessed value. What is the annual tax liability?
a. $1,190
b. $1,323
c. $1,985
d. $3,307
c.$1,985 (13500060% = 81000 assessed value , then 810002.45% = $1,984.50)
Under which of the following liens can both the real property and the personal property of the debtor be sold to pay the debt?
a. Real estate tax lien
b. Mechanic’s lien
c. Judgment lien
d. Assessment lien
c. Judgement lien (They can attach to both)
Which of the following is a voluntary lien?
a. Mortgage lien
b. Estate tax lien
c. Real estate tax lien
d. Judgment lien
a.Mortgage lien (I signed up for my mortgage for my house, the other liens just happen)
Which of the following liens holds first priority regardless of when it was recorded?
a. Mortgage lien
b. Purchase money lien
c. Ad valorem tax lien
d. Federal income tax lien
c.Ad valorem tax lien (First priority always goes to ad valor tax liens)
Typically, the priority of general liens is determined by the
a. order in which they are filed or recorded. b.order in which the cause of action arose.
c. size of the claim.
d. court
a.order in which they are filed or recorded.
Which of the following is a lien on real estate?a.An easement
b. A recorded deed of trust
c. An encroachment
d. A restrictive covenant
b.A recorded deed of trust (money owed equals a lien. A deed of trust is the same as the mortgage. Mortgage is money owed on the house.)
Charges levied on a property owner to pay for the installation of sewer and water lines are
a. ad valorem taxes.
b. general property taxes.
c. special excise taxes.
d. special assessments.
d. special assessments.
Which of the following is an example of a specific lien?
A. judgement lien
B. special assessment lien
C. personal property tax lien
D. IRS income tax lien
C. personal property tax lien
Which of the following is an example of a general lien?
A. mortgage lien
B. real estate tax lien
C. mechanics’ lien
D. state income tax lien
d. state income tax lien
A mechanics’ lien
A. must be filed within 180 days after last day of labor
B. is a general lien that is good for 10 years
C. is used to collect payment from the general contractor
D. gives security to persons that work on real property owned by others
D. gives security to persons that work on real property owned by others
According to typical lien priority, which of the following would be paid first from proceeds from a court-ordered sale?
A. mortgage lien
B. judgment lien
C. real property tax lien
D. special assessment lien
C. real property tax lien
