Liens and Encumbrances Flashcards
(39 cards)
All of the following items are part of the concept of adverse possession EXCEPT:
a. hostile use
b. length of time
c. license
d. continuous use
C. license
Two adjoining lots have an easement between them with one owner holding a dominant tenement and the other a servient tenement. Under these circumstances:
a. holder of the dominant tenement cannot use the easement for ingress and egress, regardless of the type held
b. the burdened property is owned by the holder of the dominant tenement
c. the easement can be eliminated by merging the two properties under one owner
d. this type of easement can only be created by prescrition
C. can be eliminated by merging
A parcel of land that benefits fron an easement is know as the:
a. dominant estate
b. servient estate
c. appurtenant estate
d. in gross estate
A. Dominant
An encroachment is distinguished in what way?
a. it must be recorded
b. it is physical in nature
c. may be used for ingress and egress
d. can be appurtenant or dominant
B. physical in nature
Person divides a large parcel of land into five lots, one of which is landlocked. To provide access, an easement is created through one of the other lots. This easement is known as:
a. easement by necessity
b. “ in gross
c. prescrptive easement
d. easement personal
A.
Which best defines an encumbrance?
a. any lien or claim on the title
b. an improvement built on a neighbor’s prop
c. a nonconforming use
d. a quit claim deed
A. any lien or claim on the title
Deed Restrictions AKA CC&Rs, what is CC&R?
Covenants, Conditions and Restrictions
An encroachment is an easement TRUE/FALSE
False
An easement may be terminated by:
1.
2.
3.
Merger
Quit Claim Deed
Quiet Title Action (court action)
Whichwould not apply to an easement appurtenant?
a. dominant estate
b. servient estate
c. prescriptive easement
d. runs with the land
C. prescriptive easement
Which would least likely be a lawful use for taking homes through the power of eminent domain?
a. light rail train in Tempe
b. Public k-12 school
c. shopping center
d. future freeway overpass
c. shopping center
Which of the following is not properly included in the concept of the power of eminent domain:
a. right of gov’t to confiscate personal prop from the owner
b. An inherent power of gov’t
c. just compensation at fair market
d. taking property through legal proceedings
A.
Which would be considered personal property:
a. tree
b. bathtub
c. window blinds
d. . harvested crops
C. window blinds
How long after the sale of an escheated property does a person who appears as an heir have to claim the proceeds from sale:
a. 1 yr
b. 3 yrs
c. 5 yrs
d. 7 yrs
D. 7
A buyer’s agent is showing a property. During negotiations, the seller agrees to include two cords of wood in the purchase price. The buyer’s agent should:
a. not include it in the agreement bc it was a verbal agreement b/w the buyer and seller
b. specify it in the contract bc it is personal prop
c. specify it in the contract bc it is real prop
d. include in the contract bc it is a fixture
B.
Seller owns 40 acres and sells a buyer one acre in the center of the parcel along w/ the rights of access that are referenced in the deed. Which is correct?
a. buyer will have access until the outlying property is sold
b. buyer must renew access rights w/ subsequent buyers of adjoining parcels
c. buyers access rights will not be affected by subsequent sales of adjoining parcels
d. seller has created a subdivision and the sale is voidable without a public report
C.
If agent A takes an open listing for six months on March 1 and agent B takes an exclusive right to sell listing on March 15 for three months but agent A finds a buyer on April 15, what may occur:
a. only agent A is owed a commission
b. only agent B is owed a commission
c. the seller may owe both agents a commission
d. no commission is owed to either agent
C.
Which of the following elements is not essential to a binding contract
a. lawful object
b. legally competent parties
c. monetary consideration
d. meeting of the minds
C. monetary consideration
***Consideration could also be love, affection, labor
A listing agreement where the broker will be paid even if the property is sold by another broker:
a. open listing
b. net listing
c. exclusive agency listing
d. pocket listing
C
Some neighbors have crossed a property for a long period of time. The owner of the property eventually put up a fence but then found that the neighbors could possibly claim a(n)
a. prescriptive easement
b. tenancy for years
c. quiet enjoyment
d. easement in gross
A.
The trespass of an improvement on another’s land is known as
a. encroachment
b. easement
c. license
d. lien
A.
An encumbrance that affects the physical condition and use of the property is
a. easement
b. mortgage or trust deed
c. mechanic’s lien
d. attachment and judgement
A.
Which is not a specific lien?
a. real property tax lien
b. mortgage and trust deed lien
c. mechanic’s lien
d. income tax judgement
D.
When an easement appurtenant exists between two parcels of land that are separately owned, the
a. dominant tenement has use of this easement only for ingress and egress
b. servient tenement is benefitted by the easement
c. dominant “
d. servient tenement may revoke the use of easement by giving proper notice
C dominant tenement is benefitted by the easement
