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