test 2

which of the following describes an encumbrance?

• a 3rd party's right to encroach upon a property without the permission of the property owner

• a 3rd party's right to claim the sale proceeds of a property that has been mortgaged as collateral for a loan

• a 3rd partys interest in a real property that limits the interest of the freehold property owner

• anothers right to acquire a freehold interest in a property against the property owners wishes.

mr. king wants to offer 100 acres of his property for sale. since the property is landlocked, he will have to put in a driveway to the road that will run across his remaining property. what kind of easement will he have to grant?

• an easement in gross

• a commercial easement

• a personal easement

• an easement appurtenant

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 only involve the legal owner of the property

• they may require a specific use, but cannot prohibit one

if property alpha has a court-ordered easement across property beta in order for alpha to have access to a public road, the easement is a

• easement by prescription

• personal easement

• easement by necessity

• easement in gross

an encroachment is

• an easement that has not been recorded in the title of the burdened property

• an unauthorized physical intrusion of one property into another

• a right granted by a property owner to the other 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

a court might grant an easement by prescription if

• a town needs to dig a trench across an owners 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 access the rear of the lot

• a trespasser has been using an owners property for a certain period of time with the owners knowledge but without permission

• a property owner wants to prevent the owner of an adjoining property from building an improvement that blocks her view

the purpose of a deed restriction is to enable an owner to specify

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

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

• what groups of people are legally excluded from future ownership of a property

• how a property may be used and what improvements may be built on it

melinda purchases a house and finances it. the lender in turn places a lien on melindas title. the lien in this mortgage transaction is

• evidence of debt incurred by a property owner

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

• the creditors claim against the property as collateral security for a loan

• the document required to clear clouded title

in a lien theory state, what kind of interest does a mortgage lender have in the liened property

• a possessory interest

• a tenancy by mortgagee interest

• a legal interest in pro rata share of the property

• an equitable interest

how is a lien terminated

• payment of the debt that is the subject of the lien and recording of the satisfaction

• transfer of the property that has the lien

• recording of another lien that is superior

• death of the lienor or lienee