Principles 5

Question 1

Abstract of judgement

Answer 1

Document stipulating the outcome of a legal action, which can be filed in any county where the judgement debtor has property

Question 2

Attachment

Answer 2

The process by which real or personal property of a party to a lawsuit is seized and retained in the custody of the court

Question 3

Bankruptcy

Answer 3

• A federal court proceeding in which the court takes possession of the assets of an insolvent debtor and sells the nonexempt assets to pay off creditors on a pro rata basis
• title to the debtor’s assets is held by a trustee in bankruptcy

Question 4

CC&Rs

Answer 4

• Covenants, conditions, and restrictions
• limitations on land use imposed by deed, usually when land is subdivided, as a means of regulating building construction, density, and use for the benefit of other property owners
• May be referred to simply as restrictions

Question 5

Cloud on the title

Answer 5

Any claim, condition, or encumbrance that impairs title to real property

Question 6

Condition

Answer 6

• A qualification of an estate granted that can be imposed only in a conveyance
• it can be a condition precedent or a condition subsequent

Question 7

Covenant

Answer 7

An agreement or a promise to do or not to do a particular act, usually imposed by deed

Question 8

Deed restriction

Answer 8

Provision placed in a deed by the grantor that limits the property’s use or requires the grantee to fulfill requirements of subdivision covenants, conditions, and restrictions (CC&Rs)

Question 9

Defendant

Answer 9

A person against whom legal action is initiated for the purpose of obtaining criminal sanctions (in a case involving violation of a penal statute)or damages or other appropriate judicial relief (in civil case)

Question 10

Dominant tenement

Answer 10

Same as easement

Question 11

Easement

Answer 11

The right to a specific use of or the right to travel over the land of another

Question 12

Easement appurtenant

Answer 12

An easement right that is transferred along with title to the land that benefits from the easement.

Question 13

Easement by condemnation

Answer 13

Taking of an easement right by a public entity

Question 14

Easement by implication of law

Answer 14

An easement that will be created by law to provide access to a parcel of land that is otherwise landlocked

Question 15

Easement by necessity

Answer 15

An easement right over the land of the grantor of adjacent property that would otherwise be landlocked

Question 16

Easement by prescription

Answer 16

Acquiring a specific use of or the right to travel over the land of another by statutory requirements similar to those for adverse possession

Question 17

Easement in gross

Answer 17

An easement right with no accompanying property ownership right

Question 18

Encroachment

Answer 18

The unlawful intrusion of a property improvement onto adjacent property