Exam 4: Public Regulation and Private Encumbrances

Public real property is not subject to mechanics' and materialmen's liens.

An owner's property may be sold to governmental authorities for failure to pay real estate taxes.

It is not necessary to disclose that a home built prior to 1978 may have lead -based paint.

Zoning is considered a legislative function of a governmental authority.

If you were in a state that applied the Pennsylvania theory of lien claims and an owner had a contract to build a home for $100,000 and had already paid the general contractor $60,000, the owner's liability to subcontractors and materialmen would be limited to

John owns land at the edge of a small town. When he purchased the land it was not zoned and he operated an auto repair business there. Several years later, the town annexed John's land as well as the surrounding land. The town then zoned all of the annexed land single -family residential. John' s business is the only business within the residential area. What right does John have to continue his auto repair business? Are there any restrictions on this right?

Generally speaking, the power of government to issue zoning regulations is constitutional.

A property owner has the right to challenge an assessment of his or her property for purposes of taxation.

Which of the following are generally thought not to be public encumbrances?

A property owner does not have the right to challenge an assessment of his or her property for purposes of taxation.

A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples.

Subcontractors are generally not entitled to a mechanics' lien.

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

The right to use real property for a special purpose such as a roadway is known as an easement.

The amount of real estate taxes is generally based upon

Zoning is a judicial process and usually involves court proceedings.

Superior Woodwork built a deck for a homeowner. The homeowner refused to pay for the deck. Superior wants to file a claim of lien for the unpaid bill against the homeowner's property. What information would generally be contained in the claim of lien?

Zoning does not require procedural due process.

Building codes are generally thought of as private.

A trust deed is a public encumbrance.