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