quiz 5 Flashcards

1
Q

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?

A

Record a mechanics lien and file a court suit within the time required by state law.

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2
Q

Any interest in, or right to, land by third persons, adversely affecting the value of the property, is an?

A

Encumbrance.

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3
Q

Under the abstract method of assurance of the title, the?

A

Attorney determines whether any liens which have been ratified.

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4
Q

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?

A

An easement

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5
Q

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?

A

Indemnifies the holder against some, but not all, of the possible defects in the title.

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6
Q

A title search done by an attorney will?

A

Generally locate defects in the title.

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7
Q

What is the difference between a general which transfer or encumber a parcel of real property will do all the following except?

A

Give actual notice of the instruments to third parties who may be affected by the related transactions.

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8
Q

What is the difference between a general and a specific lien?

A

A general lien is a lien against all of the debtors property, while a specific lien covers only a certain piece of property.

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9
Q

When the title search indicates a clear title?

A

The buyer still cannot be absolutely certain that the title is good.

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10
Q

A collection of all recorded instruments, chronological arranged, affecting title to real property is an?

A

Abstract of title

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11
Q

Should land owners develop their land without first obtaining building permits, they could be?

A

Forced to tear down the building.

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12
Q

Which statement about building codes is true?

A

They establish minimum standards in design, structural systems, and construction materials.

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13
Q

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?

A

May cause the improvement to be removed and collect for any damage to the property caused by the removal

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14
Q

Even though an area is zoned for single-family dwelling units only, some commercial use may be permitted if?

A

The commercial use was a per-existing non-conforming use. A variance is authorized by the zoning board for a new non conforming use.

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15
Q

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?

A

Mortgage.

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16
Q

The ability of the state to enact and enforce zoning ordinances stems from its?

A

Police powers.

17
Q

Queen, owner of a 40-lot tract of land, conveys each lot with a restrictive covenant requiring the owner to use the land for residential purposes. One of her grantees, Prince, later sells his lot to Duke, who wants to build a gas station. Which of the following is true?

A

Duke will be bound by the restrictive covenants in Princes deed.

18
Q

The recording system was established to?

A

Preserve instruments of the title and give evidence of voluntary execution. Give public notice of change or ownership or the existence of liens thereon.

19
Q

The abstract?

A

Will do none of the above.

20
Q

A “chain of title” is an?

A

Record of a property grantors and grantees.

21
Q

The illegal, wrongful extenuation of a structure or improvement party or wholly, on the property of another?

A

Encroachment.`

22
Q

Restrictions placed on property by subdividers which limit a landowners ability to exercise absolute control of the condition and use of the property are

A

Deed restrictions.

23
Q

The priority of a mechanics lien over such liens as mortgages and non other tax liens is determined by the date of?

A

Work of improvement commences.

24
Q

The cost of title insurance is?

A

Paid only at the time of issuance of the policy.

25
Q

Public notice that an action law is pending that may affect the title to specific land or other property is known as?

A

Lis pendent.

26
Q
A