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