Unit 5: Encumbrances

Question 1

A cloud on the title is:

Answer 1

A possible impediment to a property sale.

Question 2

A mechanic’s lien can be filed by:

Answer 2

A laborer

Question 3

Which is NOT a mechanic

Answer 3

An apartment lessor

Question 4

A mechanic is:

Answer 4

Anyone who performs such work or furnishes the material used in the work: 
Labor
Services
Material 
Equipment

Question 5

When required, a preliminary notice of right to file a mechanic’s lien should be given:

Answer 5

Within 20 days of the starting time.

Question 6

A notice of cessation is appropriate

Answer 6

When the work has been stopped for 30 days

Question 7

Mechanic’s Lien

Answer 7

Used to help secure payment for any labor, service, equipment, or materials used in the construction of improvements to real estate.

Question 8

A notice of completion should be filed within:

Answer 8

10 days after completion of the work of improvement

Question 9

Generally, the action to enforce a mechanic’s lien claim must be filed within how many days after the lien is recorded?

Answer 9

90 Days

Question 10

If unauthorized work is being done, a property owner can:

Answer 10

File a notice of nonresponsibility

Question 11

Liens and judgments are:

Answer 11

Encumbrances

Question 12

The sheriff is directed to sell the property by:

Answer 12

Writ of execution

Question 13

The right to use adjacent land to go to and from a roadway is

Answer 13

An easement

Question 14

Betty’s property includes an easement over Al’s land. Al’s property is:

Answer 14

The Servient Tenement

Question 15

Betty’s property includes an easement over Al’s land. Betty’s property is:

Answer 15

The Dominant Tenement (The land benefited by the easement)

Question 16

Easement in gross

Answer 16

A personal right to use land. The right belongs to an individual and is not appurtenant to any ownership interest in the land.

Question 17

George does not own any land but has an easement over Al’s and Betty’s property to go down to the river. George has:

Answer 17

Easement in gross

Question 18

Marilyn’s 40-acre tract, purchased from Alan, is landlocked, with means that she:

Answer 18

Can get an easement by necessity over Alan’s adjoining parcel.

Question 19

Ways to Terminate an easement:

Answer 19

(ADAM E LEE) 
Abandonment
Destruction
Adverse Possession
Merger
Express Agreement
Lawsuit
Estoppel
Excessive use

Question 20

The maximum homestead exemption may be claimed by a homeowner who is:

Answer 20

Older than 65 years of age

Question 21

A family unit is:

Answer 21

Defined by law

Question 22

The homestead exemption for a single person is at least

Answer 22

$75,000

Question 23

The homestead exemption for a homeowner who is a member of a family unit is at least:

Answer 23

$100,000

Question 24

Encumbrance

Answer 24

Burden on title

Question 25

Lien

Answer 25

Money Encumbrance

Question 26

Specific Lien

Answer 26

Lien that only applies to one parcel

Question 27

General Lien

Answer 27

Applies to all property of the debtor

Question 28

Voluntary Lien

Answer 28

One agreed to by the property owner

Question 29

Involuntary Lien

Answer 29

One that is imposed without the agreement of a property owner. - Real Property Taxes, - State Income and Estate Taxes, or - Federal Income, gift, and estate taxes.

Question 30

What type of lien is a mechanics' lien

Answer 30

Specific and involuntary

Question 31

Payment Bond

Answer 31

Insurance for the job. A way to guard against possible claims is to require the contractor to obtain a Payment Bond.

Question 32

Notice of nonresponsibility

Answer 32

Notice from the owner to the contractor saying that the owner is not responsible for nonpayment. For example, if work is done for a tenant of a mall shop and the service provider is laying tile.

Question 33

Lien Priority

Answer 33

the order in which claimants are paid in the event of a default.

Question 34

Lien priority is determined by:

Answer 34

Date and time recordation

Question 35

What is always first in the lien priority

Answer 35

Property Taxes

Question 36

Mechanics Lien's place in line is

Answer 36

When the work started

Question 37

What type of lien is a judgment

Answer 37

General & Involuntary

Question 38

What type of lien is an attachment

Answer 38

General & Involuntary

Question 39

Ingress and Egress rights are:

Answer 39

An easement

Question 40

Easement by prescription

Answer 40

``` NACHO Notorious Adverse Continuous- for 5 years Hostile Open ```

Question 41

Difference between License to use land and an Easement

Answer 41

A license is revocable | An easement is not revocable

Question 42

Estoppel

Answer 42

You are stopped from denying something

Question 43

CC&R

Answer 43

Covenants, Conditions, and Restrictions

Question 44

Covenant

Answer 44

A covenant (weaker than condition) is a promise - To do something or - To refrain from doing something.

Question 45

Condition

Answer 45

A remedy for a breach of condition is forfeiture of land, a much harsher result than the money damages or injunction that can follow the breach of a covenant.

Question 46

Restraint on Alienation

Answer 46

A condition cannot impose a restraint on alienation. Restraint on alienation is any condition that prohibits a property owner from transferring title to the property.

Question 47

Deed Restrictions

Answer 47

Prohibition against a property use that is imposed in the grantee's deed. HOAs frequently make use of deed restrictions.

Question 48

Zoning

Answer 48

An act of city or county government that specifies the possible uses of property in a defined area.

Question 49

Private Controls over Real Estate

Answer 49

CC&Rs or Covenants, Conditions, and Restrictions.

Question 50

Public Controls over Real Estate

Answer 50

Zoning

Question 51

Encroachment

Answer 51

Any addition to the land that extends onto another property.

Question 52

Homestead Exemption

Answer 52

Special protection from creditors. Some or all of the value of the owner's equity in the homestead is exempt from the claims of unsecured creditors.