Deck 3: Encumbrances, Liens, and Homesteads

Question 1

A deeds to B and B takes possession but does not record the deed. A then tells a friend C about the deed to B. A then deeds the same property to C, who records the deed. Based on this information, title probably vests in:
(a) A
(b) B
(c) C
(d) both B and C

Answer 1

B

Question 2

For a head of household, under 65 years and not of low income, the homestead exemption is:
(a) $25,000
(b) $50,000
(c) $75,000
(d) $100,000

Answer 2

C

Question 3

An easement can be terminated in several ways. The most common way to terminate an easement is by:
(a) quiet title action.
(b) express release.
(c) nonuse.
(d) filing a formal abandonment.

Answer 3

B

Question 4

A type of deed that contains an after acquired clause is called a:
(a) grant deed
(b) quiet deed
(c) quitclaim deed
(d) gift deed

Question 5

An easement across another person's land is:
(a) a voluntary lien
(b) a general lien
(c) an encumbrance
(d) two of the above are correct

Question 6

Which of the following two terms go together?
(a) taxes - voluntary lien
(b) police power - public restrictions
(c) eminent domain - private restrictions
(d) mechanics' lien - general lien

Question 7

The major difference between obtaining an easement by prescription or title by adverse possession would involve the:
(a) time of continuous use
(b) permission of the owner
(c) claim of right/color of title
(d) payment of property taxes

Question 8

The W 1/4 of the NW 1/4, and the SW 1/4 of the NE 1/4, and the SW 1/4 of Section 22 contains:
(a) 2 1/2 acres
(b) 240 acres
(c) 45 acres
(d) 165 acres

Question 9

The most common deed in California is the
(a) warranty deed
(b) grant deed
(c) sheriff's deed
(d) gift deed

Question 10

The highest form of ownership a person can have in a piece of property is:
(a) fee simple absolute
(b) fee simple qualified
(c) life estate
(d) testate estate

Question 11

A township contains
(a) 36 acres
(b) 640 acres
(c) 36 square miles
(d) 160 acres

Question 12

If an owner fails to file a proper Notice of Completion in the County Recorder's office, all unpaid mechanics have how many days to file a lien?
(a) 30 days
(b) 60 days
(c) 90 days
(d) 180 days

Question 13

A utility easement held by the telephone company for the installation of a telephone line would be best described as:
(a) easement in gross
(b) easement appurtenant
(c) dominant tenement
(d) lien right

Question 14

A deeds a life estate to B and upon B's death title is to return to A. This is an example of what type of life estate?
(a) estate in reversion
(b) estate in reservation
(c) estate in remainder
(d) estate in severalty

Question 15

If a married person with one child dies intestate and leaves separate property, the descendant's interest passes to the:
(a) surviving spouse and child
(b) surviving child, and not the surviving spouse
(c) surviving spouse, and not the surviving child
(d) surviving parents

Question 16

For a formal declared homestead to be valid, it must be:
(a) recorded
(b) owner-occupied at all times
(c) placed on a conventional home, not on a mobile home
(d) two of the above are correct

Question 17

An individual may take title in
(a) tenancy in severalty
(b) community property
(c) joint tenancy
(d) tenancy in partnership

Question 18

Which of the following is not correct?
(a) a notice of nonresponsibility is usually recorded by a tenant
(b) special assessments are levied to defray the cost of a specific local improvement
(c) a judgment lien normally runs for 10 years
(d) an attachment, if used, is placed on a property before a judgment is rendered

Question 19

A person appointed by the court to handle the estate is the:
(a) executor (trix)
(b) administrator (trix)
(c) devisor (ee)
(d) testator (trix)

Question 20

Private deed restrictions are also known as CC&Rs. These initials stand for:
(a) conditions, characteristics, and restrictions
(b) covenants, conditions, and reconveyances
(c) covenants, conditions, and restrictions
(d) conditions, covenants, and reconveyances

Question 21

A valid homestead has been placed on their home by Mr. and Mrs. Urban. This homestead will be terminated when they:
(a) move out of the home
(b) lease the home
(c) give an option to sell the home
(d) none of the above will automatically terminate the homestead

Question 22

A court order to force the sale of real estate to pay a judgment is called:
(a) an attachment
(b) a writ of execution
(c) a deficiency judgment
(d) a foreclosure

Question 23

A homestead, within the statutory amounts, will not protect against:
(a) after recorded judgments
(b) mechanics' liens
(c) unsecured money debts that become secured by judgments
(d) after recorded attachments

Question 24

A judgment is considered to be what type of lien?
(a) constructive
(b) voluntary
(c) general
(d) specific

Question 25

All of the following are acceptable ways to terminate an easement, except:
(a) express release
(b) abandonment
(c) merger
(d) if created by deed, it may be extinguished by non-use

Question 26

A homestead is considered terminated when:
(a) the home is rented to a tenant
(b) a final decree of divorce is granted
(c) the home is sold
(d) an abstract of judgment is recorded

Question 27

Which of the following is a non-money encumbrance affecting the physical use of a property?
(a) an easement
(b) delinquent taxes
(c) a trust deed
(d) judgment

Question 28

If a zoning law permits a use of a property that is prohibited by a valid deed restriction, the normal rule is that the:
(a) zoning will prevail
(b) deed restriction will prevail
(c) homeowner's association ruling will prevail
(d) owner's personal desire will prevail

Question 29

Assume that there is a lot 75 feet wide and 100 feet deep at the corner of Oak and 10th Streets. There is a 10-foot easement along Oak Street and a 20-foot easement along 10th Street. How many square feet are there in the lot?
(a) 7,500 sq. ft.
(b) 5,200 sq. ft.
(c) 4,950 sq. ft.
(d) 4,400 sq. ft.

Question 30

After a proper Notice of Completion has been filed, if a material supplier wishes to file a mechanics' lien, the supplier has how many days in which to do so?
(a) 30
(b) 45
(c) 60
(d) 90

Question 31

Special assessments:
(a) if paid become a lien on real property.
(b) are usually not paid with property with property taxes.
(c) can be foreclosed upon.
(d) all of the above.

Question 32

Mr. Rodriguez has a neighbor with a huge tree. One of its branches is growing over the fence into Mr. Rodriguez's yard. The leaves that fall off this branch and wind up in the pool located on Mr. Rodriguez's property. This has been a problem for several years. Now Mr. Rodriguez is wondering if can bring an action for removal of the tree branch, even though it has been more than five years.
(a) Yes if Mr. Rodriguez states this is a recent problem.
(b) There is no recourse because the time period to bring an action has expired.
(c) Yes because there is no Statute of Limitations for removal of the tree branch.
(d) There is no recourse because the tree is not on Mr. Rodriguez's property.

Question 33

Sohal owns a home and has an easement over 20 feet of Lightfoot's land. Sohal sells to Carter. Based on this information:
(a) Carter is the servient tenement
(b) the easement is terminated
(c) Lightfoot has a lien
(d) Carter has an appurtenance

Question 34

A satisfaction of judgment is recorded when a:
(a) sheriff's sale takes place
(b) judgment is paid
(c) writ of attachment is exercised
(d) lien is filed

Question 35

Which of these statements would be correct concerning a covenant and a condition in a deed?
(a) the penalty for violation of a covenant is more severe than that for violation of a condition
(b) the penalty for violation of a condition is always money damages
(c) neither (a) nor (b)
(d) both (a) and (b)

Question 36

A lessor can protect against a mechanics' lien for unpaid construction work ordered by a lessee by:
(a) posting and recording a notice of non-responsibility
(b) filing a suit against the contractor for undertaking the work without authorization from the landlord
(c) serving the lessee with a notice of responsibility
(d) declaring a breach of contract and dispossessing the lessee

Question 37

Per the formally declared homestead law, an owner's equity within the allowed amount is protected for how many months in the event the homeowner sells and purchases another home?
(a) 3 months
(b) 6 months
(c) 12 months
(d) 18 months

Question 38

Deed restrictions that apply to all lots in a new subdivision are created by the:
(a) lender
(b) government
(c) developer
(d) broker

Question 39

The landlord has come by on the first of the month to collect rent from the tenant. He notices a work on a new patio has begun, which he has not authorized. The tenant is not at home to ask about this new structure. The landlord should immediately:
(a) file a mechanic's lien.
(b) file a notice of cessation.
(c) file a notice of completion.
(d) file a notice of nonresponsibilty.

Question 40

In the field of real estate, most documents must be acknowledged before they can be recorded. Which document must be verified, not acknowledged, before it can be recorded?
(a) trust deed
(b) mechanics' lien
(c) listing agreement
(d) judgment