Chapter 4: Encumbrances Flashcards
Generally, lien priority is determined by:
the date the lien was recorded.
An item that belongs to and passes with the title of real property is:
an appurtenance
An appurtenance is anything incident to or attached to the land that transfers with the title to the property.
The right given to remove something from the land belonging to someone else is known as
A profit
The difference between a profit and an easement is that an easement creates a right of use and a profit allows the removal of something from the land, e.g., timber.
Real property tax is a __________ lien on a property.
Specific
Property tax is an involuntary specific lien on real property.
A person who provides labor, materials, or professional services for the improvement of real property can file __________ against the property
A mechanics lean
A mechanic’s lien is a statutory lien on a specific property for labor, materials, or professional services rendered.
A deed of trust is:
A security instrument, similar to a mortgage
A Deed of Trust is the security instrument (similar to a mortgage) deeding or giving a trustee (third party) one of the sticks in the bundle of rights; that of the right to sell the property for the beneficiary-lender in the event of trustor (borrower) default.
The servient estate, as it applies to an easement appurtenant, is the property
upon which the easement is placed.
With an easement appurtenant, the property upon which the easement is placed is the servient estate or tenement and the property benefiting from the easement is the dominant estate or tenement.
A noxious odor or unsightly condition on a property that interferes with the neighboring property owner’s reasonable use and enjoyment of their property is known as:
A nuisance
A nuisance is not an encumbrance to real property but rather a violation of an owner’s possessory rights.
When property is made security for a debt, the property is said to be all of the following, EXCEPT:
Condemned
A secured lien is one that attaches to a specific piece of property as security for the payment of a financial debt. Often the term “collateral” is used to describe the specific property lien. Once a property owner has agreed to record a voluntary lien against the property, the owner is said to have “hypothecated” the property.
A distinguishing factor of a license is that it:
Can be revoked
A license gives someone a right, generally oral, to cross or make use of a landowner’s property and can be revoked at will.
In California, special lien priority is given to:
special assessment liens.
property tax liens.
In California, property tax liens and special assessment liens have first priority over all other liens. Mechanic’s liens also enjoy a special exception. Their priority is determined by the date that work began rather than the date the lien was recorded.
A lien is a type of:
financial encumbrance
A lien is a financial encumbrance upon the property that may be voluntary or involuntary, specific or general.
Right of way easements, such as those acquired by public utilities, are called:
easements in gross.
An easement in gross can be personal or commercial, which benefits that person or entity rather than an adjoining parcel of land.
Private restrictions contained within a subdivision’s CC&Rs can be terminated by:
a majority vote of the landowners within the subdivision.
While there are other ways a private restriction may be terminated, such as the purpose of the restriction being no longer achievable (as in a zoning change), a majority of the landowners can vote to remove a particular restriction if it would not be in violation of any government imposed restriction.
Unlike other types of easements, a commercial easement in gross can be:
assigned
A commercial easement in gross is assignable, e.g. if a cable company is purchased by another cable company, any easements in gross will be assigned to the purchasing company.
