17 - Liens & Easements and Leases

Question 1

What is an example of a voluntary lien?

Answer 1

A mortgage is a voluntary lien because the homeowner pledges his house as collateral for the mortgage loan.

Question 2

What is the difference between a specific lien and a general lien?

Answer 2

A specific lien is a claim against a specific property. A general lien is a claim against a person and all his property.

Question 3

what does the term Lis Pendens mean?

Answer 3

It is a legal notice (form) filed with the local court that states that a lawsuit is pending affecting title or possession of a specific property.

Question 4

T or F: New York State tax laws requires surviving spouses to pay estate tax on property passed on to them by the deceased person.

Answer 4

False. Federal AND New York tax laws allow property to pass to surviving spouses without taxation.

Question 5

In New York, what type of lien has priority over all other liens?

Answer 5

Real Property Tax Lien

Question 6

How long does a mechanic or materialman have to file a lien for residential property.

Answer 6

4 months. I mechanic or materialman lien must be renewed annually.

Question 7

T or F: An unpaid lien can trigger a foreclosure proceeding if the property transfers to a new owner and the liens are remain unpaid.

Answer 7

T. Therefore, all liens should be paid in full before transfer of title takes place.

Question 8

A nonpossessory interest in land owned by another is referred to as?

Answer 8

An easement. It is also commonly referred to as a right-of-way.

Question 9

This type of easement is the most popular type of easement and are usually owned by the government, government agency, or a public utility.

Answer 9

Easement in Gross

Question 10

All easements that are not easements in gross are referred to as?

Answer 10

Easement Appurtenant. In order for an easement appurtenant to exist, two landlords must be involved.

Question 11

The land that benefits from an easement appurtenant is called? And the land that must suffer and allow use is called?

Answer 11

The dominant tenement or estate. The Servient tenement or estate.

Question 12

An easement where the dominant tenement does not have the right to enter the land of the servient tenement. Instead, the dominant tenement has the right to restrict some activity or use of the servient tenement is referred to as?

Answer 12

A negative easement.

Question 13

An easement that is created when the government exercises its right to eminent domain is called?

Answer 13

An easement by condemnation.

Question 14

In real property, the inherent or automatic ownership rights that are a natural consequence of owning property are called?

Answer 14

Appurtenances.

Question 15

T or F: A license is assignable or inheritable.

Answer 15

F: A license is NOT assignable, or inheritable, and is a temporary privilege.

Question 16

Encroachments, easements, leases, liens, assessments, and restrictive covenants are examples of?

Answer 16

Encumbrances. An Encumbrance is a claim, lien, charge, or liability attached o and binding upon real property.

Question 17

The right to take products of the soil from someone else’s land, including soil, minerals, and timber is called?

Answer 17

Profit.

Question 18

A tenants right to occupy a premise without interruption or invasion of the premises without tenant’s consent, including the landlord is called?

Answer 18

Right to quiet enjoyment.

Question 19

Similar to a deed, in order for a lease to be effective, it must be what?

Answer 19

Delivered.

Question 20

What are the key features of an estate for years?

Answer 20

It exists only for a fixed period of time and terminates without action from either party.

Question 21

What is the key feature of a periodic estate?

Answer 21

Auto renewal at the end of each period unless 1 party gives notice to the other at a time specified.

Question 22

What is an estate at will?

Answer 22

This type of leasehold estate does not have a set duration upon creation and can be terminated, at will, by either party as long as 30 days notice is provided.