Chapter 4 Encumbrances

Question 1

A person who provides labor, materials, or professional services for the improvement of real property can file __________ against the property.

Answer 1

a mechanic’s lien

Question 2

An easement is:

Answer 2

an encumbrance on real property.

Question 3

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:

Answer 3

a nuisance.

Question 4

A deed of trust is:

Answer 4

a security instrument similar to a mortgage.

Question 5

The right given to remove something from the land belonging to someone else is known as:

Answer 5

a profit.

Question 6

Generally, lien priority is determined by:

Answer 6

the date the lien was recorded.

Question 7

Real property tax is a __________ lien on a property.

Answer 7

specific

Question 8

The servient estate, as it applies to an easement appurtenant, is the property:

Answer 8

upon which the easement is placed.

Question 9

In California, special lien priority is given to:

Answer 9

1. special assessment liens.

2. property tax liens.

Question 10

When property is made security for a debt, the property is said to be all of the following, EXCEPT:

Answer 10

condemned.

Question 11

A lien is a type of:

Answer 11

financial encumbrance.

Question 12

A distinguishing factor of a license is that it:

Answer 12

can be revoked.

Question 13

What is the name of the court executed document that gives a sheriff the authority to sell a debtor’s property?

Answer 13

writ of execution

Question 14

Provisions contained in a deed that limit the use of private property are known as:

Answer 14

deed restrictions.

Question 15

When a portion of a property is sold to another and is landlocked, the property owner will most likely:

Answer 15

get an easement by necessity over the adjoining property.

Question 16

In California, the homestead exemption for a debtor over 65 years of age is:

Answer 16

$175,000.

Question 17

Unlike other types of easements, a commercial easement in gross can be:

Answer 17

assigned.

Question 18

An item that belongs to and passes with the title of real property is:

Answer 18

an appurtenance.

Question 19

Private restrictions contained within a subdivision’s CC&Rs can be terminated by:

Answer 19

a majority vote of the landowners within the subdivision.

Question 20

Right of way easements, such as those acquired by public utilities, are called:

Answer 20

easements in gross.