Học Thi Real Estate License ở California: Encumbrances, Liens, and Homesteads Dat Hoang February 28, 2020 No Comments 1. The priority of mechanic's liens over trust deeds in foreclosure situations would be determined by: date of completion of work date of commencement of work none of these date and time of recording HintAll go back to the first work. 2. An easement by prescription would be lost by: a quitclaim deed granted by the holder to the servient tenenment owner all of these nonuse for five years merger of ownership of the easement and property interests 3. As to easements, which of the following is false? all easements are encumbrances, yet not all encumbrances are easements an easement doesn't necessarily run forever easements must be recorded for the holder to have any rights against subsequent purchases all of these HintAn easement by prescription is no recored. 4. To get rid of a nuisance, a homeowner would ask a court fo a(n): judgment abatement attachment execution HintAbate a nuisance. 5. How many days does an owner have to file a notice of completion after completion for the notice to effective? 10 days 30 days 90 days 60 days 6. Which of the following is not an encumbrance? a mechanic's lien a homestead declaration none of these an easement 7. Mechanic's liens can be filed by: all of these general contractors materials suppliers subcontractors HintContractors must be licensed. 8. Which of the following is not a conservation easement? a requirement that the land remain in its present state a negative easement that prohibits a landowner from change in land use a solar easement a prohibition against future development 9. A property owner pays a general contractor in full and files a notice of completion. 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 there is no possibility of a mechanic's lien the owner should have filed a notice of cessation of work 10. Land having a servient tenenment has: an encumbrance an appurtenance a cloud on its title none of these HintSubject to use by another. 11. While a person does not have an estate, she has the right to use property of another. She would have a(n): license nonfreehold interest lease easement HintA right; a license is a privilege. 12. An easement by prescription: requires five years' open and hostile continuous use under some claim of right all of these does not require permission can be lost by five years' nonuse 13. 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 HintSame as not recorded. 14. A property is encumbered. It is: leased zoned fallow owned in fee HintLease encumbers owner's use. 15. CC&Rs are most likely to be found in: easements deeds zoning homestead declarations HintCovenants, conditions, and restrictions. 16. An attachment is a lien on property for: 10 years 90 days forever three years from the date of levy 17. Gilbert would post a notice of nonresponsibility if: he no longer wishes to be bound by an instrument his wife brings action for dissolution he wishes to be protected against claims of trespassers his tenant makes repairs HintWithin 10 days of discovery. 18. Once a person files a homestead, he or she is protected against: prior secured creditors prior unsecured creditors who have recorded judgments subsequent claims by mechanics for work on the property none of these HintA homestead protects against unsecured liens. 19. 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 when Boris purchased Anne's land none of these is true the easement was lost by five years' nonuese HintLost by merger. 20. Ralph sold his homestead without filing a declaration of abandonment. He then filed a homestead declaration on another home. The second homestead was: valid unenforceable void illegal HintThe sale ended the original homestead. 21. To obtain an easement by prescription, one must: live on the property live on and use the property none of these use the property HintThe person does not have to occupy the property. 22. An easement that is personal would be: an easement in gross an appurtenance an easement by necessity a license HintIt doesn't go with the land. 23. 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 whether a notice of cessation was filed all of these whether he has an extended policy of title insurance or merely a standard policy 24. The phrase "to be recorded it must be verified" refers to a: trust deed mechanic's lien judgment grant deed HintThe lienholders swears to the truth facts. 25. A lien that covers all the property of a person is: a mechanic's lien none of these a specific lien a genenral lien HintSuch as a judgment lien. 26. Which of the following would be an encumbrance? mechanic's lien restrictive covenant all of the above trust deed 27. A declaration of homestead protects against: loans made for refinance purposes unsecured subsequent judgments unpaid taxes delinquent homeowner dues 28. Mechanic's liens are based on: federal law common law the Real Estate Law the California Civil Code HintStatutory law. 29. 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 is void the declaration of homestead is good 30. 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. Albert regains the property subject to the rights of Charles. Charles' rights cease. Charles has an equitable right of use. HintEasement subject to lessee's rights. 31. A homestead cannot be obtained by a(n): husband on a vacant 10-acre parcel wife without her husband's permission unmarried person person over 65 years of age HintMust reside on the property. 32. After filing notice of completion, a property owner should wait ___ days before paying the prime contractor. 60 15 90 30 HintSubcontractors have 30 days to files. 33. A mechanic's lien takes priority over: trust deed that was recorded first lien for street improvement property tax lien none of the above 34. The sheriff's seizure of property prior to a judgment is known as: an attachment a seizure action a prejudgment levy a sheriff's execution 35. A married person cannot file a declaration of homestead on property he or she owns: none of these as a tenant in common as a joint tenant in severalty HintCan file regardless of form of ownership. 36. 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 HintMechanic's lien. 37. An instrument that would be incorporated by reference in a deed would most likely be: an easement by prescription a formal will a declaration of restrictions a notice of completion HintRecorded by the developer and referenced in deeds. 38. As to encumbrances, which of the following is true? all encumbrances must be recorded beneficial restrictions can be encumbrances encumbrances do not affect value none of these HintSuch as CC&Rs. 39. 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 HintAfter that period, it can remain. 40. 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 injunction writ of execution replevin HintTo cease the activity. 41. 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. the homestead is lost because it is now rental property destruction of property destroys the homestead rights Brent cannot force sale of the house if Angela fails to refile, the homestead is lost HintThe homestead is still valid. 42. A write of execution is issued for a(n): trustee's sale attachment judicial foreclosure sheriff's sale HintAfter a judgment. 43. A covenant in Norman's deed prohibits him from keeping more than three dogs. Norman builds a commercial kennel. His neighbor would most likely: have criminal charges brought against Norman obtain an injunction cause Norman to forfeit his property sue Norman for damages because of the effect on the value of his property HintAn order to cease. 44. As to restrictions, which of the following is true? all of these zoning restrictions are public restrictions restrictive covenants are private restrictions restrictions may be created by a subdivider 45. 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 an easement in gross riparian rights HintAs there is no dominant tenement. 46. A subcontractor must file his or her lien within ___ days if there is no notice of completion 90 60 15 30 HintIf there is a notice of completion 30 days. 47. 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 Leroy's son should remove the fence the easement was lost by 20 years' nonuse the son has no right as the easement is personal HintAn easement by grant is not lost by nonuse 48. 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 only if the value of the property exceeds the homestead exemption the lien is enforceable the lien cannot be foreclosed but remains until the property can be sold HintHomestead does not protect against voluntary liens. 49. Restrictions binding all owners in a subdivision cannot be placed by: agreement of all owners agreement by the majority of owners in the absence of any agreement the owner of a subdivision unilaterally prior to first sale none of these HintAll must agree. 50. 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 HintMaximum exemption. 51. Deed restrictions are created by: county or city planning commissions all of these grantors zoning HintIn their grants. 52. 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 HintDavid $96,000 equity is protected by his $100,000 exemption. He has six months to invest the sale proceeds in another homestead. 53. Generally, the final payment on a construction loan would be given to the builder on: the expiration of the lien period occupancy the date specified in the loan acceptance 54. 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 neither a nor b both a and b HintA judgment is a general lien. 55. Darrell sells Emily a farm, reserving the mineral rights. Darrell wishes to tap a pool of oil under the middle of the farm. 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 Darrell has an implied easement to enter and drill Darrell can take oil only by slant driling from a point outsite the land 56. The homestead declaration of a 70-year-old single woman living alone would protect her property up to: $75,000 $50,000 $100,000 $175,000 HintOver 65. 57. A person may not file a declaration of homestead if: the premises are not occupied at the time of filing the property is encumbered the value is more than $100,000 his or her spouse refuses to sign 58. To remove an easeent, the servient tenement holder could: all of these sell the property without reference to the easement sell by quitclaim deed obtain a quitclaim deed from the holder of the dominant tenement HintWhich gives up all rights. 59. 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 to the unsecured creditors who forced the sale equal distribution to the creditors based on the dollar value of their claims HintSecured creditors are paid first. 60. An unrecorded homestead declaration is: illegal void valid voidable HintHomesteads, judments, and mechanics;s liens must be recorded. 61. Restrictive covenants based on which of the following would be most difficult to enforce? lot size value of improvements height restrictions square-foot minimum HintMight be subjective. 62. 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 63. An easement created by reservation: has no time limitation unless stated both a and b is not lost by nonuse neither a nor b 64. Which of the following is the proper order of events? execution, judgment, attachment attachment, judgment, execution judgment, attachment, execution judgment, execution, attachment 65. A search of records would always show: easements a grant deed zoning a mechanic's lien HintMust be recorded. 66. A deed provided for an easement for access but failed to locate the easement. In this case: the deed is invalid 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 HintMust be reasonable. 67. Which of the following is spelled wrong? devisee encumbrence appurtenance acknowledgment 68. A valid mechanic's lien by an electrical contractor must be: verified and recorded acknowledged and recorded both b and c made by a licensed contractor 69. An easement appurtenant granted to Alex failed to state the term of the easement. How long does the easement last? for 30 years for 99 years for Alex's life forever HintEasement by grant is forever unless stated otherwise. 70. A sale of real estate would not affect: restrictive covenants easements by reservation rights of mechanic's lien holders any of these HintThey go with the land. 71. The difference between mechanic's liens and judgment liens is: 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 mechanic's liens must be recorded to be valid HintJudgments are based on court decision. 72. The maximum posible homestead exemption that a simple person can claim would be: $175,000 $75,000 $50,000 $100,000 HintOver 65. 73. 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 is void as there has been no notification has expired because of the Statute of Limitations is void as to subsequent purchasers HintIt goes with the land. 74. Which of the following CC&Rs is enforceable? a restricion that limits ownership to Caucasians a restriction that prohibits installation of solar panels a prohibition against For Sale signs a restriction prohibiting business operations HintCan reasonably restrict use. 75. A property owner pays the prime contractor and obtains his or her lien waiver. the owner may be liable for unpaid material supplies and subcontractors the owner is protected against any liens 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 HintUnless the period for filing has expired. 76. Alex uses Barbara's land continuously and exclusively for 30 years, with Barbara's permission. Alex can get an easement by quiet title action Alex can get title by quiet title action neither a nor b is true both a and b are true HintAlex has a license. 77. A person can lose his or her homestead by: renting it to tenants any of these leaving the state selling it HintA homestead is lost by sale. 78. By mistake, Sheila builds a shed encroaching on her neighbor's property. none of these is true after five years, Sheila gets title to the property Sheila's neighbor owns her shed Sheila can remove the shed but is liable for any damages to her neighbor's property HintSheila is an innocent improver. 79. Henry has the right to cross Kate's land to get to his home. He most likely has: a service tenement a dominant tenement an easement in gross a license HintAs he has a right. 80. 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 if Charles paid Raj, Charles can get the money back Charles has no legal obligation to pay Raj none of the above HintNeed not be licensed as work under $500. 81. 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 HintIt has no dominant tenement an prohibitive. 82. When there are multiple mechanics' liens filed, how is the lien priority determined? by date of recording none of the above by date of starting work by lien amount HintMechanics' liens share equal priority. 83. 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 HintAll liens go back to the commencement of work. 84. The following is a true statement: liens are appurtenances all liens are encumbrances an owner in fee simple has a lien on the subject property all encumbrances are liens HintBut all encumbrances are not liens.