quiz 5 Flashcards
A mechanics lien claim arises when a general contractor has performed work or provided material to improve a parcel of real estate on the owners, and the owner has not paid for it. Such contractor has the right to?
Record a mechanics lien and file a court suit within the time required by state law.
Any interest in, or right to, land by third persons, adversely affecting the value of the property, is an?
Encumbrance.
Under the abstract method of assurance of the title, the?
Attorney determines whether any liens which have been ratified.
An acquired legal privilege or right of use or enjoyment, falling short of actual ownership, which a party may have in the land of another is?
An easement
Happy Beyer is in the process of purchasing a new home. To protect its interest Ms. Beyers mortgage decided to take out title insurance. The title insurance policy?
Indemnifies the holder against some, but not all, of the possible defects in the title.
A title search done by an attorney will?
Generally locate defects in the title.
What is the difference between a general which transfer or encumber a parcel of real property will do all the following except?
Give actual notice of the instruments to third parties who may be affected by the related transactions.
What is the difference between a general and a specific lien?
A general lien is a lien against all of the debtors property, while a specific lien covers only a certain piece of property.
When the title search indicates a clear title?
The buyer still cannot be absolutely certain that the title is good.
A collection of all recorded instruments, chronological arranged, affecting title to real property is an?
Abstract of title
Should land owners develop their land without first obtaining building permits, they could be?
Forced to tear down the building.
Which statement about building codes is true?
They establish minimum standards in design, structural systems, and construction materials.
Should a person erect an improvement on the land of another by mistake in a good faith, the owner of the land on which the encroachment has occurred?
May cause the improvement to be removed and collect for any damage to the property caused by the removal
Even though an area is zoned for single-family dwelling units only, some commercial use may be permitted if?
The commercial use was a per-existing non-conforming use. A variance is authorized by the zoning board for a new non conforming use.
In the states such as Oklahoma which practice “ lien theory” in mortgages, title to the real property which is mortgaged is in the name of?
Mortgage.