Test

Question 1

What is an easement?

Answer 1

An interest in, or a right to use, another individual’s land or property for a specific, limited purpose.

Question 2

Do easements convey in the transfer of property?

Answer 2

Yes, easements run with the land and convey in the transfer of that deed or title.

Question 3

What is a financial encumbrance that affects title?

Answer 3

A lien.

Question 4

Define a lien.

Answer 4

A claim made by a creditor against real or personal property pledged by a debtor as collateral.

Question 5

What is a deed restriction?

Answer 5

A type of non-governmental private land-use control, also known as a restrictive covenant.

Question 6

How is a lease considered an encumbrance?

Answer 6

A lease limits the owner’s use of the property as the tenant does not own the title.

Question 7

What is a cloud on the title?

Answer 7

A dispute on an otherwise clear title, often due to confusion over claims or changes in ownership.

Question 8

What legal action can an owner take to remove a cloud on the title?

Answer 8

Initiate a quiet title suit.

Question 9

What is the purpose of a quiet title suit?

Answer 9

To clear the title record of any unrecorded claims.

Question 10

Fill in the blank: An easement is a right to use another individual’s land for a _______.

Answer 10

[specific, limited purpose]

Question 11

True or False: A lease allows the owner to freely access their property at any time.

Answer 11

False

Question 12

What are some common causes of clouds on a title?

Answer 12

• An owner who dies without a probated will
• A divorce
• Fraud
• Liens
• Foreclosure proceedings

Clouds on a title can complicate ownership and transfer of property.

Question 13

What is a quitclaim deed?

Answer 13

A legal document that terminates a person’s rights or claim to a property

It is used to clear potential claims on a property title.

Question 14

How can titles become cloudy in the case of death?

Answer 14

An heir might claim they should inherit the property

This can lead to disputes and complications in property ownership.

Question 15

What can cause titles to become cloudy in the case of divorce?

Answer 15

The ex-spouse might still be on the title

This situation can create legal challenges regarding property rights.

Question 16

What is the remedy for clearing potential claims on a property title after death or divorce?

Answer 16

Have any potential claimants sign a quitclaim deed

This ensures that claimants relinquish any rights to the property.

Question 17

What typically happens in cases of fraud regarding property ownership?

Answer 17

The cloud is usually settled in court, and only one potential ‘owner’ will end up with the property

Fraud cases can involve multiple parties claiming ownership of the same property.