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