Học Thi Real Estate License ở California: Encumbrances, Liens, and Homesteads 1. As to encumbrances, which of the following is true? encumbrances do not affect value none of these beneficial restrictions can be encumbrances all encumbrances must be recorded None Hint 2. Action for removal of a permanent encroachment must be take: within 10 years of the encroachment within three years of the encroachment none of these against the original encroacher None Hint 3. Which of the following CC&Rs is enforceable? a restricion that limits ownership to Caucasians a prohibition against For Sale signs a restriction that prohibits installation of solar panels a restriction prohibiting business operations None Hint 4. As to easements, which of the following is false? all of these all easements are encumbrances, yet not all encumbrances are easements easements must be recorded for the holder to have any rights against subsequent purchases an easement doesn't necessarily run forever None Hint 5. A lien on property can created by: a zoning restriction an easement an improver of property for the value of his or her improvements a restrictive covenant None Hint 6. Henry has the right to cross Kate's land to get to his home. He most likely has: an easement in gross a license a dominant tenement a service tenement None Hint 7. Which of the following is the proper order of events? judgment, attachment, execution attachment, judgment, execution judgment, execution, attachment execution, judgment, attachment None 8. How many days does an owner have to file a notice of completion after completion for the notice to effective? 90 days 10 days 30 days 60 days None 9. An instrument that would be incorporated by reference in a deed would most likely be: an easement by prescription a formal will a declaration of restrictions a notice of completion None Hint 10. To obtain an easement by prescription, one must: live on and use the property use the property live on the property none of these None Hint 11. An attachment is a lien on property for: 90 days three years from the date of levy 10 years forever None 12. A subcontractor must file his or her lien within ___ days if there is no notice of completion 30 15 90 60 None Hint 13. Which of the following is not a conservation easement? a requirement that the land remain in its present state a negative easement that prohibits a landowner from change in land use a solar easement a prohibition against future development None 14. The sheriff's seizure of property prior to a judgment is known as: an attachment a sheriff's execution a seizure action a prejudgment levy None 15. A sale of real estate would not affect: rights of mechanic's lien holders restrictive covenants any of these easements by reservation None Hint 16. Darrell sells Emily a farm, reserving the mineral rights. Darrell wishes to tap a pool of oil under the middle of the farm. Darrell cannot get the oil unless, coupled with the oil rights, he has an easement to drill through or enter the land Darrell has an implied easement to enter and drill Darrell can take oil only by slant driling from a point outsite the land none of these is true None 17. Once a person files a homestead, he or she is protected against: prior secured creditors prior unsecured creditors who have recorded judgments subsequent claims by mechanics for work on the property none of these None Hint 18. A deed provided for an easement for access but failed to locate the easement. In this case: the dominant tenement holder can use any area for access the servient tenement holder can specify a particular area the deed is invalid the deed is valid, but there is no easement None Hint 19. Albert filed a homestead exemption, then built an addition to his house. Albert did not pay Baker, his contractor. If Baker files a lien: the lien cannot be foreclosed but remains until the property can be sold the lien would be unenforceable because of the homestead exemption the lien is enforceable only if the value of the property exceeds the homestead exemption the lien is enforceable None Hint 20. A person may not file a declaration of homestead if: the property is encumbered his or her spouse refuses to sign the value is more than $100,000 the premises are not occupied at the time of filing None 21. Generally, the final payment on a construction loan would be given to the builder on: the expiration of the lien period the date specified in the loan occupancy acceptance None 22. Leroy sells the back half of his 10-acre parcel to Virginia, granting to Virginia a 10-foot right-of-way along the south boundary. Virginia dies 40 years later. Virginia's spm decides to build on the parcel. Leroy's son has recently fenced the entire front portion of his property. Virginia's son asks Leroy's son to remove the fence so he can have access. the son has no right as the easement is personal the easement was lost by five years' noneuse the easement was lost by 20 years' nonuse Leroy's son should remove the fence None Hint 23. The homestead declaration of a 70-year-old single woman living alone would protect her property up to: $175,000 $50,000 $100,000 $75,000 None Hint 24. A property owner pays the prime contractor and obtains his or her lien waiver. the owner is protected if the lien waiver and contract were recorded the owner may be liable for unpaid material supplies and subcontractors the owner is protected against any liens the owner is protected as to labor liens, but not as to material suppliers None Hint 25. A mechanic's lien takes priority over: trust deed that was recorded first lien for street improvement property tax lien none of the above None 26. When there are multiple mechanics' liens filed, how is the lien priority determined? by date of recording by date of starting work by lien amount none of the above None Hint 27. Restrictive covenants based on which of the following would be most difficult to enforce? value of improvements height restrictions square-foot minimum lot size None Hint 28. Albert leased property to Brian, Brian gave Charles an easement over the property. At the end of the lease: Charles retains rights based on adverse possession. Albert regains the property subject to the rights of Charles. Charles' rights cease. Charles has an equitable right of use. None Hint 29. A property owner pays a general contractor in full and files a notice of completion. there is no possibility of a mechanic's lien the owner should have filed a notice of cessation of work unpaid subcontractors, workers, and material suppliers can file their liens up to 30 days after the owner files a notice of completion the owner should have filed a notice of nonresponsibility None 30. A 90-year-old, low-income, single, totally disabled homeowner filed a homestead exemption. His maximum exeption would be: $175,000 $100,000 $300,000 $50,000 None Hint 31. A valid mechanic's lien by an electrical contractor must be: verified and recorded both b and c acknowledged and recorded made by a licensed contractor None 32. Homesteaded property is sold by court order. The first disbursement would be: to the unsecured creditors who forced the sale equal distribution to the creditors based on the dollar value of their claims to the holder of the senior encumbrance secured by the home cash in the amount of the homestead exemption to the principal owner None Hint 33. An easement appurtenant granted to Alex failed to state the term of the easement. How long does the easement last? for 30 years forever for Alex's life for 99 years None Hint 34. A write of execution is issued for a(n): attachment judicial foreclosure trustee's sale sheriff's sale None Hint 35. Which of the following is not an encumbrance? a mechanic's lien none of these a homestead declaration an easement None 36. A wife files a declaration of homestead on community property as head of the family without her husband's knowledge or consent. the declaration is void the declaration would protect her only to $50,000, as she was not, in fact, the head of the household the declaration applies to only half of the property the declaration of homestead is good None 37. An easement created by reservation: has no time limitation unless stated neither a nor b both a and b is not lost by nonuse None 38. Mechanic's liens can be filed by: all of these materials suppliers subcontractors general contractors None Hint 39. A person can lose his or her homestead by: any of these selling it leaving the state renting it to tenants None Hint 40. Angela files a declaration of homestead as head of a household on a house. The house burns to the ground. Angela rebuilds the house for rental purposes. Brent obtains a judgment against Angela for $120,000. The house is free of encumbrances and is worth $100,000. Brent cannot force sale of the house destruction of property destroys the homestead rights the homestead is lost because it is now rental property if Angela fails to refile, the homestead is lost None Hint 41. A water company's rights to run a water line through a person's property would most likely be: an easement in gross a servient tenement riparian rights the right of a correlative user None Hint 42. Six inches of the eaves of Jose's new house hang over his neighbor's land. This is: an appurtenance an encroachment an easement by prescription an encumbrance to the neighbor's land None 43. A search of records would always show: zoning a mechanic's lien a grant deed easements None Hint 44. Which of the following would be an encumbrance? all of the above mechanic's lien trust deed restrictive covenant None 45. A man is injoured in his neighbor's swimming pool. He sues the neighbor for negligence and obtains a lien. The lien is: a specific lien a mechanic's lien neither a nor b both a and b None Hint 46. The maximum posible homestead exemption that a simple person can claim would be: $75,000 $100,000 $175,000 $50,000 None Hint 47. CC&Rs are most likely to be found in: zoning deeds homestead declarations easements None Hint 48. While a person does not have an estate, she has the right to use property of another. She would have a(n): license easement lease nonfreehold interest None Hint 49. Anne gives an easement over her land to Boris, so Boris can get to his land. The easement is recorded. Boris then buys Anne's land and sells it to Carole, making no mention of easement. Boris does not use the easement for five years; but when he later wishes to use it, Carole objects. none of these is true the easement was lost by five years' nonuese the easement was lost when Boris purchased Anne's land Carole must allow Boris access None Hint 50. Rhonda's lawn is dug up by a pipeline company that obtained an easement from a previous owner (two years ago). Although it was recorded, she was never told about it. The easement: is void as there has been no notification is valid has expired because of the Statute of Limitations is void as to subsequent purchasers None Hint 51. An action is started against David, so he files a declaration of homestead as head of a family. The creditor obtains a $250,000 judgment. David sells the house for $325,000. He has a first trust deed for $229,000. The judgment creditor hears of the sale before escrow has closed. He or she can obtain: $1,000 nothing $20,000 $19,000 None Hint 52. To get rid of a nuisance, a homeowner would ask a court fo a(n): abatement judgment attachment execution None Hint 53. Restrictions binding all owners in a subdivision cannot be placed by: agreement of all owners agreement by the majority of owners in the absence of any agreement none of these the owner of a subdivision unilaterally prior to first sale None Hint 54. By mistake, Sheila builds a shed encroaching on her neighbor's property. none of these is true Sheila can remove the shed but is liable for any damages to her neighbor's property after five years, Sheila gets title to the property Sheila's neighbor owns her shed None Hint 55. To remove an easeent, the servient tenement holder could: all of these obtain a quitclaim deed from the holder of the dominant tenement sell the property without reference to the easement sell by quitclaim deed None Hint 56. A property is encumbered. It is: zoned fallow leased owned in fee None Hint 57. A covenant in Norman's deed prohibits him from keeping more than three dogs. Norman builds a commercial kennel. His neighbor would most likely: sue Norman for damages because of the effect on the value of his property have criminal charges brought against Norman obtain an injunction cause Norman to forfeit his property None Hint 58. Charles hired Raj to repair a porch railing for $200. Assume Raj fully performed but is not licensed as a contractor. Which of the following is a true statement? Raj has violated the contractor's license law none of the above Charles has no legal obligation to pay Raj if Charles paid Raj, Charles can get the money back None Hint 59. A lien that covers all the property of a person is: a genenral lien none of these a mechanic's lien a specific lien None Hint 60. Land having a servient tenenment has: an encumbrance an appurtenance none of these a cloud on its title None Hint 61. An easement by prescription would be lost by: merger of ownership of the easement and property interests all of these a quitclaim deed granted by the holder to the servient tenenment owner nonuse for five years None 62. An unrecorded homestead declaration is: valid illegal voidable void None Hint 63. The difference between mechanic's liens and judgment liens is: none of these mechanic's liens must be recorded to be valid mechanic's liens are based upon statutory rights a mechanic's lien that is not enforced within a particular period of time if lost None Hint 64. An easement that is personal would be: an easement in gross an appurtenance a license an easement by necessity None Hint 65. A neighbor feeds pigeons and has attracted hundreds to the area, so you are unable to enjoy your patio. An action you might consider would be to ask the court for a(n): writ of execution injunction attachment replevin None Hint 66. Alex uses Barbara's land continuously and exclusively for 30 years, with Barbara's permission. Alex can get an easement by quiet title action Alex can get title by quiet title action neither a nor b is true both a and b are true None Hint 67. An easement by prescription: does not require permission requires five years' open and hostile continuous use under some claim of right all of these can be lost by five years' nonuse None 68. Deed restrictions are created by: county or city planning commissions zoning all of these grantors None Hint 69. A married person cannot file a declaration of homestead on property he or she owns: as a tenant in common as a joint tenant in severalty none of these None Hint 70. Ralph sold his homestead without filing a declaration of abandonment. He then filed a homestead declaration on another home. The second homestead was: illegal void valid unenforceable None Hint 71. Jackie cleans and grades a lot for construction. The lot owner then obtains a loan and builds. Troy, a painter, is the last one to finish the job and is unpaid. Troy may not obtain a lien if the does not complete work within 90 days of the start of the job Troy may obtain a lien for his services, but it would be secondary to the lender's lien if Troy files a lien, his rights are superior to those of the lender Troy has no lien on the property None Hint 72. A homestead cannot be obtained by a(n): unmarried person person over 65 years of age husband on a vacant 10-acre parcel wife without her husband's permission None Hint 73. A declaration of homestead protects against: loans made for refinance purposes unpaid taxes unsecured subsequent judgments delinquent homeowner dues None 74. As to restrictions, which of the following is true? restrictive covenants are private restrictions restrictions may be created by a subdivider all of these zoning restrictions are public restrictions None 75. The phrase "to be recorded it must be verified" refers to a: judgment trust deed mechanic's lien grant deed None Hint 76. Mechanic's liens are based on: the Real Estate Law common law federal law the California Civil Code None Hint 77. Which of the following is spelled wrong? appurtenance acknowledgment devisee encumbrence None 78. The following is a true statement: all encumbrances are liens an owner in fee simple has a lien on the subject property all liens are encumbrances liens are appurtenances None Hint 79. After filing notice of completion, a property owner should wait ___ days before paying the prime contractor. 15 90 30 60 None Hint 80. The priority of mechanic's liens over trust deeds in foreclosure situations would be determined by: date of completion of work date of commencement of work none of these date and time of recording None Hint 81. Gilbert would post a notice of nonresponsibility if: he no longer wishes to be bound by an instrument he wishes to be protected against claims of trespassers his wife brings action for dissolution his tenant makes repairs None Hint 82. A homestead was inadvertently filed in the wrong county. The: owner has 90 days to correct the filing homestead declaration is void the homestead is still valid owner has 60 days to correct the filing None Hint 83. Quentin buys an unfinished house and intends to complete the work himself. He should be concerned with: whether he has an extended policy of title insurance or merely a standard policy whether the seller provided lien waivers from all mechanics and material suppliers all of these whether a notice of cessation was filed None 84. The easement of utility company that prohibits a property owner from building over a gas line would be: appurtenant and affirmative in gross and affirmative personal and affirmative in gross and negative None Hint
