7 - Encumbrances

Question 1

What process taken by the government through the right to take private property?

Answer 1

The process of condemnation

Question 2

Difference between a subdivided and a developer?

Answer 2

Subdivided buys underdeveloped land and divides into smaller lots; a developer improves the land.

Question 3

Difference between zoning regulations and building codes

Answer 3

Zoning Regulations: How the land can be used

Building regulations: how you can improve the property.

Question 4

Example of Police Power:

Answer 4

Zoning of private property by the government.

Question 5

The country condemns an owner’s property to build a public park. The gov. would most likely pay the owner:

Answer 5

Just compensation based on appraisals.

Question 6

If a property owner dies without a will or legal heirs, what can the government do to take the property?

Answer 6

Exercise an ESCHEAT

Question 7

Ad valorem tax is based on:

Answer 7

The assessed value of the house. Even if the tax rate is the same.

Question 8

The city installs a nice sidewalk. What tax would be imposed to the improved properties to pay for the sidewalk?

Answer 8

Special Assessment Tax

Question 9

General real estate tax bill is computed by applying the tax rate to the property’s:

Answer 9

Assessed Value

Question 10

Priority of liens is based on:

Answer 10

Recording dates

Question 11

What determines the effective date of a mechanics lien?

Answer 11

The date the mechanic started Working!! Not the date they filed it… wayyyyy back at the beginning

Question 12

Mechanic’s liens can only be filed against the:

Answer 12

Owner’s property that the tradesman worked on.

Question 13

A property had a judgement filed against it. This was the result of a:

Answer 13

Lawsuit!!!

Question 14

An attachment lien would be placed on a property to:

Answer 14

Prevent the owner from conveying the title to the property until a lawsuit is decided

Question 15

You’re a mechanic and not paid. What should you file?

Answer 15

Notice of lien

Question 16

What takes priority, deed restrictions or city’s?

Answer 16

Deed restrictions.

A neighbor that objects to a fence should apple for a court injunction against the plans.

Question 17

Restrictive covenant which limits the use of real property in a subdivision is usually the result of:

Answer 17

Private Deed Restrictions

Question 18

If a neighbor waits and waits to file an injunction, they could lose their right through the:

Answer 18

Doctrine of Laches

Question 19

Appurtenant

Answer 19

A-part-of-the-land

Interest runs with the land

Question 20

Property owner gives permission to a friend to cross the property to go fishing. If he sells the property, can the friend still cross?

Answer 20

No. A license is terminated when the property is sold.

Question 21

Who is responsible for maintaining and repairing the access road?

Answer 21

The parties specified in the easement agreement.

Question 22

An interest in real property must be recorded to:

Answer 22

Provide constructive notice

Question 23

Escheat

Answer 23

The version of property to the state as provided by law.

In the case that someone dies without heirs or somebody capable of inheriting the land.

Question 24

Tax rate is measured in

Answer 24

Mills

Question 25

Lien

Answer 25

Creditors right to have their debts paid when the debtor defaults

Question 26

Encumbrance

Answer 26

Anything that may diminish the value or use and enjoyment of a property.

Such as a mortgage, taxes, or judgment lien; and easement; a restriction on the use of the land; or an outstanding dower right.

Question 27

Encroachment

Answer 27

Something extending beyond legal lot lines