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