Principles of Real Estate Ch.7 (Quiz 7)

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30 Terms

1
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An easement across another person's land is:

1) A voluntary lien

2) A general lien

3) An encumbrance

4) Two of these are correct.

3) An encumbrance

2
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A utility easement held by the telephone company for the installation of a telephone line would be best described as:

1) Easement in gross

2) Easement appurtenant

3) Dominant tenement

4) Lien right

1) Easement in gross

3
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The major difference between obtaining an easement by prescription or title by adverse possession would involve the:

1) time of continuous use

2) permission of the owner

3) claim of right/color of title

4) payment of property taxes

4) payment of property taxes

4
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Private deed restrictions are also known as CC&Rs. These initials stand for:

1) conditions, characteristics, and restrictions

2) covenants, conditions, and reconveyances

3) covenants, conditions, and restrictions

4) conditions, covenants, and reconveyances

3) covenants, conditions, and restrictions

5
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Which of the following two terms go together?

1) Taxes - voluntary lien

2) Police power – public restrictions

3) Eminent domain - private restrictions

4) Mechanics lien – general lien

2) Police power – public restrictions

6
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If an owner fails to file a proper Notice of Completion in the County Recorder's office, all unpaid mechanics have how many days to file a lien?

1) 30 days

2) 60 days

3) 90 days

4) 180 days

3) 90 days

7
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An easement can be terminated in several ways. The most common way to terminate an easement is by:

1) Quiet title action

2) Express release

3) Nonuse

4) Filing a formal abandonment

2) Express release

8
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Which of the following is not correct?

1) A notice of non-responsibility is usually recorded by a tenant

2) Special assessments are levied to defray the cost of a specific local improvement

3) A judgment lien normally runs for 10 years

4) An attachment, if used, is placed on a property before a judgment is rendered.

1) A notice of non-responsibility is usually recorded by a tenant

9
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For a homeowner, not in a high median property valued county, the Homestead exemption is:

1) $100,000

2) $200,000

3) $300,000

4) $600,000

3) $300,000

10
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For a formal declared homestead to be valid, it must be:

1) recorded

2) owner-occupied at all times

3) placed on a conventional home, not on a mobile home

4) two of the above are correct

1) recorded

11
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Per the formally declared homestead law, an owner’s equity within the allowed amount is protected for how many months in the event the homeowner sells and purchases another home?

1) Three-months

2) Six-months

3) 12 months

4) 18 months

2) Six-months

12
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A homestead is considered terminated when:

1) the home is rented to a tenant

2) a final decree of divorce is granted

3) the home is sold

4) an abstract of judgment is recorded

3) the home is sold

13
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Sohal owns a home and has an easement over 20 feet of Lightfoot’s land. Sohal sells to Carter. Based on this information:\

1) Carter is the servient tenement

2) the easement is terminated

3) Lightfoot has a lien

4) Carter has an appurtenance

4) Carter has an appurtenance

14
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A homestead, within the statutory amounts, will notprotect against:

1) after recorded judgments

2) mechanics’ liens

3) unsecured money debts that become secured by judgments

4) after recorded attachments

2) mechanics’ liens

15
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Assume that there is lot 75-feet wide and 100-feet deep at the corner of Oak and 10th Streets. There is a 10-foot easement along Oak Street and a 20-foot easement along 10th Street. How many square feet are there in the lot?

1) 7,500 sq. ft.

2) 5,200 sq. ft.

3) 4,950 sq. ft

4) 4,400 sq. ft.

3) 4,950 sq. ft (unsure)

16
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A court order to force the sale of real estate to pay a judgment is called:

1) An attachment

2) A writ of execution

3) A deficiency judgment

4) A foreclosure

2) A writ of execution

17
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Which of these statements would be correct concerning a covenant and a condition in a deed?

1) The penalty for violation of a covenant is more severe than that for violation of a condition

2) The penalty for violation of a condition is always money damages

3) Neither of these

4) Both of these

3) Neither of these

18
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A satisfaction of judgment is recorded when a:

1) Sheriffs sale takes place

2) Judgment is paid

3) Writ of attachment is exercised

4) Lien is filed

2) Judgment is paid

19
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A valid homestead has been placed on their home by Mr. and Mrs. urban. This homestead will be terminated when they:

1) Move out of the home

2) Lease the home

3) Give an option to sell the home

4) None of the above will automatically terminate the homestead

4) None of the above will automatically terminate the homestead

20
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After a proper Notice of Completion has been filed, if a material supplier wishes to file a mechanics’ lien, the supplier has how many days in which to do so?

1) 30

2) 45

3) 60

4) 90

1) 30

21
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Deed restrictions that apply to all lots in a new subdivision are created by the:

1) Lender

2) Government

3) Developer

4) Broker

3) Developer

22
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Mr. Rodriguez has a neighbor with a huge tree. One of its branches is growing over the fence into Mr. Rodriguez’s yard. The leaves fall off this branch and wind up in the pool located on Mr. Rodriguez’s property. This has been a problem for several years. Now Mr. Rodriguez is wondering if can bring an action for removal of the tree branch, even though it has been more than five years.

1) Yes if Mr. Rodriguez states this is a recent problem

2) There is no recourse because the time period to bring an action has expired.

3) Yes, because there is no Statute of Limitations for removal of the tree branch.

4) There is no recourse because the tree is not on Mr. Rodriguez’s property.

3) Yes, because there is no Statute of Limitations for removal of the tree branch.

23
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A lessor can protect against a mechanics' lien for unpaid construction work ordered by lessee by:

1) Posting and recording a notice of non-responsibility

2) Filing a suit against the contractor for undertaking the work without authorization from the landlord

3) Serving the lessee with a notice of responsibility

4) Declaring a breach of contract and dispossessing the lessee

1) Posting and recording a notice of non-responsibility

24
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In the field of real estate, most documents must be acknowledged before they can be recorded. Which document must be verified, not acknowledged, before it can be recorded?

1) Trust deed

2) Mechanics’ lien

3) Listing agreement

4) Judgement

2) Mechanics’ lien

25
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The landlord has come by on the first of the month to collect the rent from the tenant. He notices a work on a new patio has begun, which she has not authorized. The tenant is not at home to ask about this new structure. The landlord should immediately:

1) File a mechanic's lien

2) File a notice of cessation

3) File a notice of completion

4) File a notice of non-responsibility

4) File a notice of non-responsibility

26
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Which of the following is a non-money encumbrance affecting the physical use of a property?

1) An easement

2) Delinquent taxes

3) A trust deed

4) Judgment

1) An easement

27
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If a zoning law permits a use of a property that is prohibited by a valid deed restriction, the normal rule is that the:

1) Zoning will prevail

2) Deed restriction will prevail

3) Homeowners association ruling will prevail

4) Owners personal desire will prevail

2) Deed restriction will prevail

28
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A judgment is what type of lien?

1) Constructive

2) Voluntary

3) General

4) Specific

3) General

29
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Special assessments:

1) If paid become a lien on real property

2) Are usually not paid with property with property taxes

3) Can be foreclosed upon

4) All of these

3) Can be foreclosed upon

30
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All of the following are acceptable ways to terminate an easement, except:

1) Express release

2) Abandonment

3) Merger

4) If created by deed, it may be extinguished by non-use

4) If created by deed, it may be extinguished by non-use