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chp 5 > chap 5 > Flashcards

chap 5 Flashcards

1
Q

Anything which affects or limits the fee simple title to, or value of property, is known as a…?
A Encumbrance
B Deed
C Judgment
D Lien

A

A Encumbrance

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2
Q

Encumbrances can be monetary or non-monetary…?
A T (True)
B F (False)

A

fales

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3
Q

An agreement to convey title to real property upon satisfaction of specified conditions which does not require conveyance within one year of formation of the contract is known as…?
A Real Property Sales Contract
B Conveyance
C Transfer of Title
D Deed in Lieu of Foreclosure

A

A Real Property Sales Contract

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4
Q

A vendor is also known as the…?
A Customer
B Seller
C Buyer
D Bank

A

seller

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5
Q

The vendee refers to the…?
A Bank
B Seller
C Buyer
D Customer

A

buyer

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6
Q

A deed to real property accepted by a lender from a defaulting borrower to avoid the necessity of foreclosure proceedings by the lender is known as…?
A Deed of Trust
B Relinquish of Deed
C Deed in Lieu of Foreclosure
D Forfeit of Deed

A

Deed in Lieu of Foreclosure

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7
Q

A lien created by statute which exists against real property in favor of persons who have performed work or furnished materials for the improvement of the real property is known as…?
A Mechanic’s Lien
B Voluntary Lien
C Judgment Lien
D General Lien

A

Mechanic’s Lien

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8
Q

A lien on all the property of a debtor is known as a…?
A General Lien
B Specific Lien
C Mechanic’s Lien
D Voluntary Lien

A

General Lien

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9
Q

A lien that attaches to one specific property only is known as a…?
A General Lien
B Involuntary Lien
C Voluntary Lien
D Specific Lien

A

Specific Lien

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10
Q

A general lien is also called a…?
A Easement
B Blanket Encumbrance
C Mechanic’s Lien
D Legal Encumbrance

A

Blanket Encumbrance

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11
Q

A mechanic’s lien is an example of a/an…?
A Judgment Lien
B Voluntary Lien
C Involuntary Lien
D General Lien

A

Involuntary Lien

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12
Q

The effective date of a mechanic’s lien is the date the work began or the date the materials were provided…?
A T (True)
B F (False)

A

true

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13
Q

A form of encumbrance which usually makes specific property security for the payment of a debt or discharge of an obligation is known as a…?
A Deed
B Lien
C Hypothecation
D Security Instrument

A

lien

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14
Q

The right to use the property of another generally for ingress and egress is known as a/an…?
A Easement
B Lien
C Shared Property
D Joint Tenancy

A

easement

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15
Q

A right of use in the adjoining land of another that moves with the title to the property benefiting from the easement is known as a/an…?
A Easement by Voluntary Grant
B Easement Appurtenance
C Easement in Gross
D Easement by Prescription

A

Easement Appurtenance

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16
Q

A right of use in the land of another without the requirement that the holder of the right own adjoining land is known as…?
A Easement by Prescription
B Easement by Voluntary Grant
C Easement in Gross
D Easement Appurtenance

A

Easement in Gross

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17
Q

The land encumbered by an easement is referred to as the…?
A Vendee
B Dominant Tenement
C Vendor
D Servient Tenement

A

Servient Tenement

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18
Q

The land benefiting from an easement appurtenant is referred to as the…?
A Dominant Tenement
B Vendor
C Servient Tenement
D Vendee

A

Dominant Tenement

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19
Q

This occurs when a grantor conveys the right to use the grantor’s land to a grantee for the purpose of ingress and egress…?
A Easement in Gross
B Adverse Possession
C Easement by Voluntary Grant
D Easement by Prescription

A

Easement by Voluntary Grant

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20
Q

This exists when a landowner has no access to roads and is landlocked…?
A Easement by Necessity
B Easement in Gross
C Easement by Prescription
D Easement by Voluntary Grant

A

Easement by Necessity

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21
Q

This is obtained by use of the land of another for the legally prescribed length of time…?
A Easement by Necessity
B Easement by Prescription
C Easement in Gross
D Easement Appurtenance

A

Easement by Prescription

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22
Q

This is a form of involuntary alienation of title…?
A Easement by Necessity
B Easement Appurtenance
C Easement in Gross
D Adverse Possession

A

Adverse Possession

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23
Q

An easement in gross is also known as a utility easement…?
A T (True)
B F (False)

A

true

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24
Q

A lien is an example of a non-monetary encumbrance…?
A T (True)
B F (False)

A

false

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25
Q

Any lien placed on property with consent of, or as a result of, the voluntary act of the owner is known as a…?
A Encumbrance
B Involuntary Lien
C Voluntary Lien
D Judgment

A

Voluntary Lien

26
Q

To pledge a thing as security without the necessity of giving up possession of it is known as…?
A Secure
B Deed
C Foreclosure
D Hypothecate

A

Hypothecate

27
Q

Legal title equals…?
A Debt
B Ownership
C Benefit
D Control

A

control

28
Q

Equitable title equals…?
A Benefit
B Ownership
C Control
D Debt

A

Benefit

29
Q

One who holds property in trust for another to secure the performance of an obligation is known as a…?
A Escrow
B Trustee
C Owner
D Trustor

A

Trustee

30
Q

The following is a third party under a deed of trust…?
A Escrow
B Trustor
C Attorney
D Trustee

A

Trustee

31
Q

A deed to relinquish any interest in property which the grantor may have, without interference of possession is known as a…?
A Quitclaim Deed
B Warranty Deed
C Grant Deed
D Implied Deed

A

Quitclaim Deed

32
Q

The wrongful entry on to the land on another, either in person or by instrumentality, is referred to as…?
A Trespass
B Adverse Possession
C Easement
D Encroachment

A

Trespass

33
Q

A/an ………. is terminated when the easement is no longer a necessity for ingress and egress from the landlocked property?
A Easement by Prescription
B Easement by Necessity
C Quitclaim Deed
D Grant Deed

A

Easement by Necessity

34
Q

This is a written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee)…?
A Mortgage
B Deed
C Lien
D Easement

A

deed

35
Q

Which of the following is an example of a deed…?
A Warranty Deed
B Quitclaim Deed
C Grant Deed
D All of the Above

A

all

36
Q

A formal declaration made before an authorized person (ex: a notary public) by a person who has executed an instrument stating that the execution was his or her free act is known as…?
A Acknowledgement
B Recordation
C Deed
D Injunction

A

Acknowledgement

37
Q

A valid deed requires which of the following…?
A Signature of the grantor
B In-writing
C Competent grantor
D All of the Above

A

all

38
Q

This is the most widely used deed in California…?
A Warranty Deed
B Quitclaim Deed
C Grant Deed
D Voluntary Deed

A

grant deed

39
Q

A grant deed includes two warranties, first that the grantor has not previously conveyed title to another grantee, and second, the property is not burdened by encumbrances at the conveyance of title…?
A T (True)
B F (False)

A

true

40
Q

A quitclaim deed includes warranties and representations…?
A T (True)
B F (False)

A

false

41
Q

A quitclaim deed can be used in which of the following…?
A A joint tenant conveying their interest to another joint tenant
B Dominant tenement relinquishing their interest in an easement
C The release of a condition
D Any of the above

A

any of above

42
Q

A deed used to convey real property which contains warranties of title and quiet possession, and the grantor thus agrees to defend the premises against the unlawful claims of third persons is known as a…?
A Quitclaim Deed
B Warranty Deed
C Grant Deed
D Voluntary Deed

A

Warranty Deed

43
Q

An unlawful intrusion onto another’s adjacent property by improvements to real property is known as a…?
A Easement
B Adverse Possession
C Encroachment
D Injunction

A

Encroachment

44
Q

Warranties in a warranty deed are…?
A Express
B Implied
C Voluntary
D None of the Above

A

express

45
Q

The use of a warranty deed has been largely supplanted by this deed in California…?
A Grant Deed
B Quitclaim Deed
C Voluntary Deed
D None of the Above

A

Grant Deed

46
Q

The transferring of property to another is also referred to as…?
A Deed
B Sale
C Alienation
D Trusted

A

Alienation

47
Q

Alienation of a property can be voluntary or involuntary…?
A T (True)
B F (False)

A

true

48
Q

The sale of property due to foreclosure is an example of…?
A Voluntary Easement
B Adverse Possession
C Voluntary Alienation
D Involuntary Alienation

A

Involuntary Alienation

49
Q

The sale of property from a willing seller to a qualified buyer is an example of…?
A Adverse Possession
B Voluntary Alienation
C Involuntary Alienation
D Voluntary Easement

A

Voluntary Alienation

50
Q

These types of liens always take priority over other liens…?
A Government Liens
B Private Liens
C Judgment Liens
D Mechanic’s Liens

A

Government Liens

51
Q

This is a judgment given by a court when the value of security pledged for a loan is insufficient to pay off the debt of the defaulting borrower…?
A Deficiency Judgment
B Government Judgement
C Involuntary Judgement
D Court Judgement

A

Deficiency Judgment

52
Q

This property type is exempt from a deficiency judgment…?
A Owner occupied multi-family
B Commercial
C Owner occupied, 1-4 family
D Mixed-use

A

Owner occupied, 1-4 family

53
Q

How long is the redemption period if the loan amount is satisfied at a foreclosure auction…?
A 1 month
B 3 months
C 9 months
D 1 year

A

3

54
Q

A swimming pool built across a property line is an example of a/an…?
A Adverse Possession
B Encroachment
C Intrusion
D Easement

A

Encroachment

55
Q

the statutory period for adverse possession in California is ………. and the payment of property taxes?
A 3 years
B 5 years
C 7 years
D 10 years

A

5

56
Q

An easement by prescription results in the…?
A Transfer of title
B Ownership of the property
C Right of use
D None of the above

A

Right of use

57
Q

Adverse possession results in the…?
A Transfer of title
B Interest of real property
C Right of use
D None of the above

A

Transfer of title

58
Q

An easement by prescription is terminated by non-use for a period of at least…?
A 1 year
B 3 years
C 5 years
D 7 years

A

5

59
Q

An easement by voluntary grant can be terminated by the signing of a…?
A Latches
B Injunction
C Merger
D Quitclaim Deed

A

Quitclaim Deed

60
Q

The quitclaim deed is signed by the dominant tenement owner in favor of the…?
A Lessee
B Mortgagor
C Grantee
D Servient Tenement

A

Servient Tenement

chp 5 (1 decks)

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