Chapter 3 - Encumbrances

Question 1

easement

Answer 1

a right, limited to a specific use, that one party has in the land of another.

Question 2

homestead

Answer 2

a statutory protection of a home from the claims of certain creditors and judgements up to a specified amount

Question 3

encumbrance

Answer 3

anything that affects or limits the fee simple title to, or value of, property (mortgages or easements)

Question 4

notice of non-responsibility

Answer 4

a notice, recorded and posted by the property owner to relieve he or she of responsibility for the cost of unauthorized work done on his or her property or materials furnished.

Question 5

restrictions

Answer 5

a limitation on the use of real property. these limitations fall into two general classifications:public and private. Zoning ordinances are public, wile a clause in the deed requiring the roof to be made of Spanish red tile would be a private limitation.

Question 6

attachment

Answer 6

the process by which real or personal property is seized by the court for the purpose of assuring payment

Question 7

lien

Answer 7

a form of encumbrance that usually makes specific property security for the payment of a debt

Question 8

satisfaction

Answer 8

discharge of a mortgage or trust deed from the records upon payment of the debt. make sure you receive a deed of reconveyance to prove that you paid off the deed of trust.

Question 9

conditions

Answer 9

a limiting restriction stating that upon the happening or not happening of some stated event, the estate shall be changed in some manner.

Question 10

covenant

Answer 10

a promise to do or not to do a particular thing

Question 11

defendant

Answer 11

a person against whom a civil or criminal action is taken

Question 12

mortgage

Answer 12

an instrument, recognized by law, by which property is hypothecated to secure the payment of a debt. this instrument is not commonly used in California, but is popular on the east coast.

Question 13

Plantiff

Answer 13

in a court action, the one who sues; the complainant

Question 14

abstract of judgement

Answer 14

a recorded document of the essential provisions of a court judgment

Question 15

mechanic’s lien

Answer 15

a lien, created by statute, which exists against real or personal property in favor of persons who have performed work or furnished materials for the improvement of real property.

Question 16

trust deed

Answer 16

a legal document by which a borrower pledges certain real property as collateral for the repayment of a loan. in addition to the buyer and seller, there is a third party to the transaction known as a trustee.

Question 17

declaration of homestead

Answer 17

a formal statement that protects the head of the household from losing the property to the claims of creditors, usually up to a set maximum amount.

Question 18

blanket encumbrance

Answer 18

a lien, usually a trust deed in California, covering more than one property of the borrower.

Question 19

preliminary notice

Answer 19

a notice that informs or warns owners, lenders, and general contractors that subcontractors have been hired, or materials have been supplied to a particular job site.

Question 20

declaration of abandonment

Answer 20

a statement declaring the intent to give up a homestead, usually to declare a homestead on a new residence

Question 21

sheriff’s sale

Answer 21

a court ordered sale of real or personal property by the sheriff pursuant to the execution of a judgment

Question 22

encroachment

Answer 22

the construction of improvements on the property of another

Question 23

easement appurterant

Answer 23

an easement for the benefit of the owner of an adjacent parcel of land

Question 24

dominant tenement

Answer 24

real property that benefits from an easement

Question 25

writ of execution

Answer 25

a writ to carry out a court order, usually arising from a judgment

Question 26

servient tenement

Answer 26

a property that is burdened by and easement

Question 27

easement in gross

Answer 27

an easement for the benefit of a person or utility company rather than for the benefit of adjacent landowners

Question 28

lis pendens

Answer 28

a notice filed or recorded for the purpose of warning all persons that the title to certain real property is in litigation

Question 29

general lien

Answer 29

a lien such as a tax lien or judgment lien that attaches to all property of the debtor rather than a specific property.

Question 30

specific lien

Answer 30

a lien that attaches to a specific property rather than all the property of the debtor