WorksheetsEncumbrances and Liens
Total questions: 20
Worksheet time: 10mins
Name
Class
Date
1.
An encumbrance is most broadly defined as
a)
another's right to use aproperty without the permission of the property owner.
b)
another's right to claim the sale proceedes of a property that has been used as collateral for a loan.
c)
another's interest in a real property that limits the intersets of thehold property owner.
d)
another's right to control how the freehold owner of a real property uses the property.
2.
Which of the following is true of easements in general?
a)
They involve the property that contains the easement and a non-owning party.
b)
They apply to a whole property, not to any specific portion of the property.
c)
They cannot be assigned or transferred.
d)
They may require a specific use, but common prohibit one.
3.
In what kind of easement is there a dominant tenement and a servient tenement?
a)
An easement in gross.
b)
A commercial easement.
c)
A personal easement.
d)
An easement appurtenant.
4.
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)
a)
easement by perscription.
b)
personal easement.
c)
easement by necessity.
d)
easement in gross.
5.
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
a)
an easement by necessity.
b)
a perpetual encroachment.
c)
a license.
d)
a party wall easement.
6.
An encroachment is
a)
an easement that has not been recorded on the title of the burdened property.
b)
an unauthorized physical intrusion of one property into another.
c)
a right granted by a property owner of an adjoining property to build a structure that protrudes across the property boundary.
d)
a structure that does not comply with a zoning ordinance.
7.
A court might grant an easement by perscription if
a)
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.
b)
a property owner sells the front half of a lot and wants to continue using the driveway to reach the rear of the lot.
c)
an intruder has been using an owner's property for a certain period with the owner's knowledge but without permission.
d)
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.
8.
Deed restrictions generally concern
a)
the form of ownership in which a property may be held.
b)
how long a property must be owned before it can be legally transferred.
c)
what groups of are legally excluded from future ownership of a property.
d)
how a property may be used and what structures may be built on it.
9.
One difference between a condition and a covenant is that
a)
breach of a covenant leads to forfeiture of ownership.
b)
a covenant can be enforced in court.
c)
a condition can be created at any time.
d)
a condition can be created only when there is a transfer of ownership.
10.
The lienee in a lien is the
a)
party who initiates the lein.
b)
owner of the property that is subject to the lien.
c)
party who has a claim against the owner of the property subject to the lien.
d)
property that is given as security for a debt.
11.
A lien is a
a)
debt incurred by a property owner.
b)
promissory note granted by a property owner as security for a debt.
c)
creditor's claim against property as a security for a debt of the property owner.
d)
document that creates an easement.
12.
What kind of interest does a lienor usually have in the liened property?
a)
A possessory interest.
b)
Legal ownership of a dominant tenement.
c)
A legal interest in a pro rata share of the property.
d)
An equitable interest, exceot a mortgage lienor in a title-theory state.
13.
How is a lein terminated?
a)
Payment of the debt that is the subject of the lien and recording of the satisfaction.
b)
Transfer of the property that has a lien.
c)
Recording of another lien that is superior.
d)
Death of the lienor or lienee
14.
A general lien is a lien
a)
imposed by statutory law.
b)
imposed by court order.
c)
placed against an individual rather than against any particular property.
d)
placed against any and all property owned by an individual.
15.
A real estate tax lien, a federal income tax lien, a judgement lien, and a mortgage lien are recorded against a property. Which lien will be paid first when the property is sold?
a)
Real estate tax lien.
b)
Federal income tax lien.
c)
Judgement lien.
d)
Mortgage lien.
16.
A lien holder can change the priority of a junior lien by agreeing to
a)
change the date of recording.
b)
lower the amount of the claim.
c)
vacate the lien.
d)
subordinate the lien.
17.
Which of the following tax liens is a junior lien?
a)
Special assessment tax lien.
b)
Inheritance tax lien.
c)
Income tax lien.
d)
Ad valorem tax lien.
18.
Foreclouser is
a)
a court-ordered acceleration of loan payments.
b)
the final step in a bankruptcy filing.
c)
a proceeding to enforce a lien by forcing a sale or transfer of a secured property.
d)
a proceeding to take equitable title to a property that was liened as security for a mortgage loan.
19.
A property is secured by a mortgage that does not contain "power of sale" clause. To foreclose, the lien holder will have to
a)
file a deficiency.
b)
file a foreclosure suit.
c)
obtain a deed in lieu of foreclosure.
d)
obtain a writ to extinguish the lien.
20.
In a strict foreclosure,
a)
a lender takes title to the liened property directly.
b)
a lender receives the proceeds from the forced sale of the liened property.
c)
the defaulting owner does not have the opportunity to prevent the foreclosure by paying the amounts owned.
d)
a foreclosure suit is optional.
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