Deed restrictions generally concern

how a property may be used and what structures may be built on it.

the form of ownership in which a property may be held.

how long a property must be owned before it can be legally transferred.

what groups of are legally excluded from future ownership of a property.

One difference between a condition and a covenant is that

a condition can be created only when there is a transfer of ownership.

breach of a covenant leads to forfeiture of ownership.

a covenant can be enforced in court.

a condition can be created at any time.

The lienee in a lien is the

owner of the property that is subject to the lien.

party who has a claim against the owner of the property subject to the lien.

property that is given as security for a debt.

creditor's claim against property as a security for a debt of the property owner.

debt incurred by a property owner.

promissory note granted by a property owner as security for a debt.

document that creates an easement.

What kind of interest does a lienor usually have in the liened property?

An equitable interest, exceot a mortgage lienor in a title-theory state.

Legal ownership of a dominant tenement.

A legal interest in a pro rata share of the property.

How is a lein terminated?

Payment of the debt that is the subject of the lien and recording of the satisfaction.

Transfer of the property that has a lien.

Recording of another lien that is superior.

A general lien is a lien

placed against any and all property owned by an individual.

placed against an individual rather than against any particular property.

a proceeding to enforce a lien by forcing a sale or transfer of a secured property.

a court-ordered acceleration of loan payments.

the final step in a bankruptcy filing.

a proceeding to take equitable title to a property that was liened as security for a mortgage loan.

A property is secured by a mortgage that does not contain "power of sale" clause. To foreclose, the lien holder will have to

obtain a deed in lieu of foreclosure.

obtain a writ to extinguish the lien.

In a strict foreclosure,

a lender takes title to the liened property directly.

a lender receives the proceeds from the forced sale of the liened property.

the defaulting owner does not have the opportunity to prevent the foreclosure by paying the amounts owned.

a foreclosure suit is optional.

Encumbrances and Liens

Authored by Janie Diggs

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Professional Development

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MULTIPLE CHOICE QUESTION

30 sec • 1 pt

An encumbrance is most broadly defined as

another's right to use aproperty without the permission of the property owner.

another's right to claim the sale proceedes of a property that has been used as collateral for a loan.

another's interest in a real property that limits the intersets of thehold property owner.

another's right to control how the freehold owner of a real property uses the property.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Which of the following is true of easements in general?

They involve the property that contains the easement and a non-owning party.

They apply to a whole property, not to any specific portion of the property.

They cannot be assigned or transferred.

They may require a specific use, but common prohibit one.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

In what kind of easement is there a dominant tenement and a servient tenement?

An easement in gross.

A commercial easement.

A personal easement.

An easement appurtenant.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

If the owner of property A has a court-ordered easement to drive across property B beacuse it is the only way for A to have access to a public road, the easement in a(n)

easement by perscription.

personal easement.

easement by necessity.

easement in gross.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Property A and property B share a common wall along the property boundary. To ensure that neither owner destroys the wall, the owners of A and B should create

an easement by necessity.

a perpetual encroachment.

a license.

a party wall easement.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

An encroachment is

an easement that has not been recorded on the title of the burdened property.

an unauthorized physical intrusion of one property into another.

a right granted by a property owner of an adjoining property to build a structure that protrudes across the property boundary.

a structure that does not comply with a zoning ordinance.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

A court might grant an easement by perscription if

a municipality needs to dig a trench across an owner's property to install a sewer line to a neighboring property, and the owner refuses permission.

a property owner sells the front half of a lot and wants to continue using the driveway to reach the rear of the lot.

an intruder has been using an owner's property for a certain period with the owner's knowledge but without permission.

a property owner wants to prevent the owner of an adjoining property from building a second-story addition that blocks the sunlight to his rose garden.

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