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Easements and Liens > Liens and Encumbrances > Flashcards

Liens and Encumbrances Flashcards

1
Q

All of the following items are part of the concept of adverse possession EXCEPT:

a. hostile use
b. length of time
c. license
d. continuous use

A

C. license

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2
Q

Two adjoining lots have an easement between them with one owner holding a dominant tenement and the other a servient tenement. Under these circumstances:

a. holder of the dominant tenement cannot use the easement for ingress and egress, regardless of the type held
b. the burdened property is owned by the holder of the dominant tenement
c. the easement can be eliminated by merging the two properties under one owner
d. this type of easement can only be created by prescrition

A

C. can be eliminated by merging

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3
Q

A parcel of land that benefits fron an easement is know as the:

a. dominant estate
b. servient estate
c. appurtenant estate
d. in gross estate

A

A. Dominant

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4
Q

An encroachment is distinguished in what way?

a. it must be recorded
b. it is physical in nature
c. may be used for ingress and egress
d. can be appurtenant or dominant

A

B. physical in nature

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5
Q

Person divides a large parcel of land into five lots, one of which is landlocked. To provide access, an easement is created through one of the other lots. This easement is known as:

a. easement by necessity
b. “ in gross
c. prescrptive easement
d. easement personal

A

A.

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6
Q

Which best defines an encumbrance?

a. any lien or claim on the title
b. an improvement built on a neighbor’s prop
c. a nonconforming use
d. a quit claim deed

A

A. any lien or claim on the title

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7
Q

Deed Restrictions AKA CC&Rs, what is CC&R?

A

Covenants, Conditions and Restrictions

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8
Q

An encroachment is an easement TRUE/FALSE

A

False

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9
Q

An easement may be terminated by:

1.
2.
3.

A

Merger
Quit Claim Deed
Quiet Title Action (court action)

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10
Q

Whichwould not apply to an easement appurtenant?

a. dominant estate
b. servient estate
c. prescriptive easement
d. runs with the land

A

C. prescriptive easement

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11
Q

Which would least likely be a lawful use for taking homes through the power of eminent domain?

a. light rail train in Tempe
b. Public k-12 school
c. shopping center
d. future freeway overpass

A

c. shopping center

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12
Q

Which of the following is not properly included in the concept of the power of eminent domain:

a. right of gov’t to confiscate personal prop from the owner
b. An inherent power of gov’t
c. just compensation at fair market
d. taking property through legal proceedings

A

A.

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13
Q

Which would be considered personal property:

a. tree
b. bathtub
c. window blinds
d. . harvested crops

A

C. window blinds

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14
Q

How long after the sale of an escheated property does a person who appears as an heir have to claim the proceeds from sale:

a. 1 yr
b. 3 yrs
c. 5 yrs
d. 7 yrs

A

D. 7

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15
Q

A buyer’s agent is showing a property. During negotiations, the seller agrees to include two cords of wood in the purchase price. The buyer’s agent should:

a. not include it in the agreement bc it was a verbal agreement b/w the buyer and seller
b. specify it in the contract bc it is personal prop
c. specify it in the contract bc it is real prop
d. include in the contract bc it is a fixture

A

B.

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16
Q

Seller owns 40 acres and sells a buyer one acre in the center of the parcel along w/ the rights of access that are referenced in the deed. Which is correct?

a. buyer will have access until the outlying property is sold
b. buyer must renew access rights w/ subsequent buyers of adjoining parcels
c. buyers access rights will not be affected by subsequent sales of adjoining parcels
d. seller has created a subdivision and the sale is voidable without a public report

A

C.

17
Q

If agent A takes an open listing for six months on March 1 and agent B takes an exclusive right to sell listing on March 15 for three months but agent A finds a buyer on April 15, what may occur:

a. only agent A is owed a commission
b. only agent B is owed a commission
c. the seller may owe both agents a commission
d. no commission is owed to either agent

A

C.

18
Q

Which of the following elements is not essential to a binding contract

a. lawful object
b. legally competent parties
c. monetary consideration
d. meeting of the minds

A

C. monetary consideration
***Consideration could also be love, affection, labor

19
Q

A listing agreement where the broker will be paid even if the property is sold by another broker:

a. open listing
b. net listing
c. exclusive agency listing
d. pocket listing

A

C

20
Q

Some neighbors have crossed a property for a long period of time. The owner of the property eventually put up a fence but then found that the neighbors could possibly claim a(n)

a. prescriptive easement

b. tenancy for years

c. quiet enjoyment

d. easement in gross

A

A.

21
Q

The trespass of an improvement on another’s land is known as

a. encroachment

b. easement

c. license

d. lien

A

A.

22
Q

An encumbrance that affects the physical condition and use of the property is

a. easement

b. mortgage or trust deed

c. mechanic’s lien

d. attachment and judgement

A

A.

23
Q

Which is not a specific lien?

a. real property tax lien

b. mortgage and trust deed lien

c. mechanic’s lien

d. income tax judgement

A

D.

24
Q

When an easement appurtenant exists between two parcels of land that are separately owned, the

a. dominant tenement has use of this easement only for ingress and egress

b. servient tenement is benefitted by the easement

c. dominant “

d. servient tenement may revoke the use of easement by giving proper notice

A

C dominant tenement is benefitted by the easement

25
Q

All of the following items are part of the concept of adverse possession except

a. hostile use

b. length of time

c. license

d. continuous use

A

C.

26
Q

An encroachment is distinguished in what way

a. it must be recorded

b. it is physical in nature

c. it may be used for ingress and egress

d. it can be appurtenant or dominant

A

B.

27
Q

Deed restrictions may prohibit

a. standard for sale signs in the yard

b. “ for sale signs in windows

c. solar energy devices on roofs

d. discriminatory for sale signs

A

D.

28
Q

Which of the following might give rise to an easement by prescription after the statutory time period has gone by?

A. family members annually use a portion of the property for picnics
B. school children routinely cut across a neighbor’s lot in order to get to the main street
C. Workers at a nearby factory have their lunch on a property the owner has posted as not being dedicated
D. Neighbors have been given an estate at will to enter their property by crossing the owner’s property.

A

B. school children…

29
Q

An agreement that prevents development from occurring, but the land remains in private ownership is a(n)
A. encroachment
B. conservation easement
C. easement by necessity
D. setback

A

B. Conservation easement

30
Q

WHAT IS THE TERM THAT DESCRIBES HOW TITLE TO LAND IS GAINED BY THE OPEN AND NOTORIOUS, HOSTILE, ADVERSE, EXCLUSIVE, AND CONTINUOUS USE OF ANOTHER’S LAND FOR A DESIGNATED PERIOD OF TIME, AS DEFINED BY LAWS OF THE STATE?

A. ADVERSE POSSESSION
B. EMINENT DOMAIN
C. DEVISE
D. INTESTATE

A

A. ADVERSE POSSESSION

31
Q

VOCAB WORD: DEVISE
In my own words, DEVISE is a way to transfer title to property.
*Voluntary Alienation is a willing, uncoerced transfer of ownership. Accomplished 4 ways:
Sale
Devise
Dedication
Gift

A

See page 263 10A

32
Q

List the INVOLUNTARY Specific liens, in order of priority
1
2
3
4

A
  1. Real Estate Taxes
  2. Government Assessment
  3. Mechanic’s Lien
  4. HOA Assessment
33
Q

List the INVOLUNTARY General liens
1
2
3

A
  1. Judgments
  2. Income Tax Liens
  3. Decedents Debts
34
Q

List the VOLUNTARY Specific Liens
1
2
3

A
  1. Mortgages
  2. Trust Deeds
  3. Land Contracts
35
Q

Real Estate Taxes. Ad valorem are:

Voluntary Specific
Involuntary General
Involuntary Specific
Voluntary General

A

Involuntary SPECIFIC liens

36
Q

Court ordered liens are:

Voluntary General
Involuntary General
Involuntary Specific

A

Involuntary General

37
Q

Liens placed against a person and all real or personal property is a

General or Specific Lien?

A

General

38
Q

Liens placed against a specific property are:

General or Specific Liens?

A

Specific

39
Q
A

Easements and Liens (1 decks)

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