Chapter 3

Question 1

an easement across another person’s land is

Answer 1

an encumbrance

Question 2

a utility easement held by the telephone company for the installation of a telephone line would be best described as

Answer 2

easement in Gross

Question 3

the major difference between obtaining an easement by prescription or title by adverse possession would involve the

Answer 3

payment of property taxes

Question 4

private deed restrictions are also known as CC&R’s. these initials stand for

Answer 4

covenants, conditions, and restrictions

Question 5

which of the following two terms go together

Answer 5

police power - public restrictions

Question 6

if an owner fails to file a proper notice of completion in the county recorder’s office, all unpaid mechanics have how many days to file a lien

Answer 6

90 days

Question 7

all of the following are true except

Answer 7

a suit for removal of an encroaching fence must be brought within 10 years from the date of the encroachment

Question 8

which of the following is not correct

Answer 8

a notice of non responsibility is usually recorded by a tenant

Question 9

single, under 65 years and not of low-income the homestead exemption is

Answer 9

$75,000

Question 10

for a formal declared Homestead to be valid it must be

Answer 10

recorded

Question 11

per the formally declared homestead law, and owner’s equity within the allowed amount, is protected for how many months in the event the homeowner sells and purchases another home

Answer 11

6 months

Question 12

a homestead is considered terminated when

Answer 12

the home is sold

Question 13

Joe owns a home and has an easement over 20 ft of Bobs land. Joe cells to Greg Based on this information

Answer 13

Greg has an appurtenance

Question 14

a homestead, within the statutory amounts, will protect against

Answer 14

mechanic’s liens

Question 15

assume that there is a lot 75 ft wide and 100 feet deep at the corner of Oak and 10th streets. There is a 10 ft easement along Oak Street in a 20ft easement along 10th Street how many square feet are there in the lot

Answer 15

7500 square feet

Question 16

a court order to force the sale of real estate to pay a judgment is called

Answer 16

a writ of execution

Question 17

which of these statements would be correct concerning a covenant and a condition in a deed

Answer 17

neither

Question 18

satisfaction of judgment is recorded when a

Answer 18

judgment is paid

Question 19

a valid Homestead has been placed on their home by mr. and mrs. Ervin this Homestead will be terminated when they

• given option to sell the house
• move out of the house
• lease the home
• none of the above will automatically terminate the homestead

Answer 19

none of the above

Question 20

after a proper notice of completion has been filed if the material supplier wishes to file a mechanic’s lien the supplier has how many days in which to do so

Answer 20

30 days

Question 21

deed restrictions that apply to all Lots in a new subdivision are created by the

Answer 21

developer

Question 22

a right-of-way 10 ft wide and 54 ft long is approximately what percent of a quarter acre

Answer 22

5%

Question 23

a lessor can protect against a mechanic’s lien for unpaid construction work ordered by a lessee

Answer 23

posting and recording a notice of non responsibility

Question 24

in the field of real estate most documents must be acknowledged before they can be recorded. Which document must be verified, not acknowledge, before it can be recorded

Answer 24

mechanics lien

Question 25

owners of landlocked Parcels may be able to obtain an easement by

Answer 25

necessity

Question 26

which of the following is a non money encumbrance affecting the physical use of property

Answer 26

an easement

Question 27

if a zoning law permits a use of a property that is prohibited by a valid deed restriction, the normal rule is that the

Answer 27

deed restriction will prevail

Question 28

a judgment is considered to be what type of lien

Answer 28

General

Question 29

when an easement allows the servient tenement to use the land easement is called

Answer 29

non exclusive

Question 30

all of the following are acceptable ways to terminate an easement except

Answer 30

if created by deed it may be extinguished by non-use