rep ch.4

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lsantiago29
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rep ch.4
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2011-10-04 02:25:07
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rep ch. 4
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  1. 1. A subcontractor installed hardwood floors in a new home, but the owner refused to pay for the work. If the contractor filed a mechanic's lien, the date of the lien would be:
    A. the date work on the house was begun
    B. the date the house was completed
    C. the date work on the floor began
    D. the date work on the floor was completed
    • Answer: A
    • Explanation: For a mechanic's lien, the date of the lien is the date any work on the project began. This is true even for subcontractors and providers of materials.
  2. 2. Which of the following statements about easements is incorrect?
    A. An easement in gross burdens one parcel of land for the benefit of another parcel of land
    B. A property owner may not have an easement across her own land
    C. An easement is a nonpossessory interest
    D. A landowner may be restricted in the use of his own land by another person's easement in grossof a person, rather than for another parcel of land.
    • Question #2
    • Answer: A
    • Explanation: An easement in gross burdens a parcel of land for the benefit of a person, rather than for another parcel of land.
  3. Question #3
    Answer: C
    Explanation: When a lis pendens is recorded, it notifies potential purchasers of a property that a lawsuit is pending and any future owner of the property will take title subject to the judgment creditor's lien. A lis pendens may be filed only if the results of a lawsuit may affect title to real property.
    • 3. A lis pendens:
    • A. does not affect title to real property belonging to a person who is not a party to a lawsuit
    • B. may be recorded in relation to any type of lawsuit
    • C. may make it difficult to convey title to property, depending on the outcome of a lawsuit
    • D. may be removed from the recorder's office records only by court order
  4. 4. An easement may be terminated by all of the following, except:
    A. Merger of the dominant and servient tenements
    B. Prescription by the owner of the servient tenement
    C. Release by the owner of the dominant tenement
    D. Revocation by the owner of the servient tenement
    • Question #4
    • Answer: D
    • Explanation: The owner of a dominant tenement may unilaterally terminate an easement by release, but the owner of a servient tenement may not unilaterally revoke an easement.
  5. 5. The principal difference between a mechanic's lien and a judgment lien is that:
    A. mechanic's liens are created by statute
    B. mechanic's liens may take priority earlier than the date they are recorded
    C. only judgment liens are not effective until recorded
    D. only judgment liens are involuntary liens
    • Question #5
    • Answer: B
    • Explanation: Mechanic's liens take priority according to the date work begins on a project, not the date they are recorded. Judgment liens, however, take priority according to the date when they are recorded.
  6. 6. If a property owner wishes to bring a court action to remove an encroachment, he must do so within:
    A. two years
    B. three years
    C. four years
    D. five years
    • Question #6
    • Answer: B
    • Explanation: The Statute of Limitations requires that an ejectment action must be filed within three years.
  7. 7. The Springers hired a contractor to build a swimming pool for their house. If the Springers did not pay for the construction and the contractor filed a lien, the resulting encumbrance would be a:
    A. general lien
    B. specific lien
    C. voluntary lien
    D. None of the above
    • Question #7
    • Answer: B
    • Explanation: A mechanic's lien will attach only to the property for which labor or materials were provided, so it is a specific lien. A mechanic's lien would be considered an involuntary lien, rather than a voluntary lien.
  8. 8. "A charge imposed upon specific real property as security for a specific act" is a definition of a/an:
    A. restrictive covenant
    B. lien
    C. easement
    D. encumbrance
    • Question #8
    • Answer: B
    • Explanation: A lien is a financial encumbrance imposed against a property, in which the property is security for a debt or other obligation.
  9. 9. Which of the following statements about lien priority is incorrect?
    A. If a person who purchased a house using a deed of trust becomes delinquent on property tax payments, it is considered a default and the trustee may foreclose on the property
    B. Any lien created by a contract is inferior to a real property tax lien
    C. If a property is sold by the state because of delinquent property taxes, the new owner receives the property free and clear of any deed of trust lien
    D. A lien for real property taxes always take precedence over a lien for a special assessment
    • Question #9
    • Answer: D
    • Explanation: Both liens for real property taxes and special assessments have priority over all other liens. A conflict between a property tax lien and a special assessment lien would be decided by which lien was created first.
  10. 10. Glen has an easement that entitles him to use Fred's property. If Glen is not a property owner, his easement is a/an:
    A. restricted easement
    B. nonpossessory encroachment
    C. easement in gross
    D. easement appurtenant
    • Question #10
    • Answer: C
    • Explanation: An easement in gross benefits a person rather than a parcel of land. It burdens a servient tenement, for the benefit of a dominant tenant.
  11. 11. Which of the following is a proper definition of an easement appurtenant?
    A. A possessory interest in land capable of separate transfer
    B. A possessory interest in land incapable of separate transfer
    C. A nonpossessory interest in land capable of separate transfer
    D. A nonpossessory interest in land incapable of separate transfer
    • Question #11
    • Answer: D
    • Explanation: An easement is a nonpossessory interest; it only allows the use and enjoyment of another person's property. An easement appurtenant runs with the land and cannot be sold separately from the land.
  12. 12. The Shapiros owned a house together as community property. Mrs. Shapiro, without her husband's knowledge, homesteaded the property. The property was worth $330,000, and there was a loan against it for $319,000. A creditor then obtained a judgment against the Shapiros. If the creditor records a judgment lien, then:
    A. the house will be sold to pay the judgment because the exemption exceeds the equity
    B. the house will not be sold because there is insufficient equity
    C. the house will be sold because the homestead is invalid as only one spouse filed it
    D. the house will be sold because only the wife's homestead exemption applies, which is worth only $10,000
    • Question #12
    • Answer: B
    • Explanation: The equity in the house is only $11,000 ($330,000 less $319,000). This is less than the $75,000 homestead exemption available to family units, so the creditor cannot force the house to be sold in order to satisfy the judgment. Only one spouse needs to file a declaration of homestead for a family unit, even if the house is owned as community property.
  13. 13. Which of the following is considered to be a lien?
    A. Easement
    B. Mortgage
    C. Homestead
    D. All of the above
    • Question #13
    • Answer: B
    • Explanation: A mortgage is a financial encumbrance on a specific property, so therefore it is a lien.
  14. 14. Of the various non-monetary encumbrances, private restrictions:
    A. are most likely to make the property unmarketable
    B. have no effect on the property's marketability
    C. are least likely to make the property unmarketable
    D. are not related to the property's marketability
    Question #14Answer: CExplanation: Private restrictions are not likely to make a property unmarketable; in fact, their purpose is usually to protect property values by encouraging conformity within a subdivision.
  15. 15. Which of the following methods would create an easement that would be easiest to terminate for non-use?
    A. Express reservation
    B. Implication
    C. Prescription
    D. Quitclaim deed
    • Question #15
    • Answer: C
    • Explanation: An easement created by prescription can be terminated if the servient tenant brings suit after a five-year period of non-use.

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