Chapter 3

Question 1

The acquisition of property as a result of “actual and exclusive, open and notorious, hostile and continuous” possession under a claim of right for a statutory period of time

Answer 1

Adverse Possession

Question 2

A type of negative easement that prevents specific uses of the real estate by the owner, generally used to protect open space

Answer 2

Conservation Easement

Question 3

Private techniques for restricting land use

Answer 3

Covenants, Conditions, and Restrictions (CC&Rs)

Question 4

The property benefited by the existence of an easement appurtenant

Answer 4

Dominant Estate

Question 5

A right given to another party by a landowner to use a property in a specified manner

Answer 5

Easement

Question 6

An easement with clearly indentifiable dominant and servient estates

Answer 6

Easement Appurtenant

Question 7

An easement created from the factual circumstances even though an easement is not expressly created

Answer 7

Easement by Implication

Question 8

A method of creating an easement as a result of “actual and exclusive, open and notorious, hostile and continuous” use for a statutory period of time

Answer 8

Easement by Prescription

Question 9

An easement with only a servient estate

Answer 9

Easement in Gross

Question 10

An unauthorized invasion or intrusion of a fixture, building, or another improvement onto another person’s property

Answer 10

Encroachment

Question 11

Restriction or limitation on ownership rights

Answer 11

Encumbrance

Question 12

Method of expressly creating an easement on a grantor’s property

Answer 12

Express Grant

Question 13

Method of expressly creating an easement on a grantee’s property

Answer 13

Express Reservation

Question 14

The process of seizing control of the collateral for a loan and using the proceeds from its sale to satisfy a defaulted debt

Answer 14

Foreclosure

Question 15

A security interest on all property owned by an individual

Answer 15

General Lien

Question 16

A method of implicitly creating an easement on a grantor’s property

Answer 16

Implied Grant

Question 17

A method of implicitly creating an easement on a grantee’s property

Answer 17

Implied Reservation

Question 18

A lien placed on property to settle a judgement from a law suit

Answer 18

Judgment Lien

Question 19

A revocable personal privilege to use land for a particular purpose

Answer 19

License

Question 20

A claim on a property as security for a debt or fulfillment of some monetary charge or obligation

Answer 20

Lien

Question 21

A claim on a property held by a supplier of materials or labor for nonpayment of a debt

Answer 21

Mechanic’s Lien

Question 22

A contract by which real property is pledged as security for a loan

Answer 22

Mortgage

Question 23

The lender in a mortgage loan transaction

Answer 23

Morgagee

Question 24

The borrower in a mortgage loan transaction

Answer 24

Mortgagor

Question 25

A nonpossessory interest in real property the permits the holder to remove specified natural resources from a property

Answer 25

Profit a Prendre

Question 26

The property burdened by the existence of an easement appurtenant or easement in gross

Answer 26

Servient Estate

Question 27

A security interest that relates only to a specific parcel of real estate

Answer 27

Specific Lien