Encumbrances to Real Estate Flashcards
Since an encumbrance can limit the transferability or use of property, it may affect the property’s…
value.
Which of the following liens covers all the property of a person?
General lien
*a general lien is on more than one property of a debtor as opposed to a specific lien which is a lien on a single property of a debtor.
Which of the following may file a valid mechanic’s lien?
- Architect
- Truck driver
- Subcontractor
A property owner would post a notice of non-responsibility to…
protect against unauthorized work.
The seizure of property prior to a judgment is known as…
an attachment.
*An attachment is the process by which real or personal property of a defendant in a lawsuit is seized and retained in the custody of the law for satisfaction of the judgment.
In a Chapter 7 bankruptcy liquidation, the court takes possession of the assets of the debtor and…
sells the assets to pay off creditors on a pro rata basis.
A water company’s right to run a water line through private property would most likely be…
an easement in gross.
If a tract is landlocked — that is, there is no road access to any part of it, the owner of such tract has a(n)…
easement by necessity.
All of the following are ways to terminate an easement:
- Abandonment of a prescriptive easement
- Merger of the easement with the servient tenement
- Destruction of the servient tenement
What is NOT a way to terminate an easement?
Unilateral action by the dominant tenement
An easement differs from a license in that a license…
may be revoked.
Who usually creates deed restrictions?
Developer
Which of the following statements concerning deed restrictions is correct?
A violation of a condition can result in forfeiture of title to real property.
A covenant in Johnson’s deed states that he may not operate a dog kennel on the property. Johnson proceeds to build a commercial dog kennel. Adjoining land owners would have recourse by…
seeking an injunction.
Deed restrictions based upon race are…
void.
