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