Which of the following is an example of a voluntary and specific lien on property?

A. A mortgage lien.

B. A property tax lien.

C. A judgment lien.

D. A mechanics lien.

A property owner has defaulted on his mortgage and the lender has filed a foreclosure action to have the property sold to satisfy the lien. If the property has several liens, which of the following would have first priority?

A. A recorded three-year-old mortgage lien for $96,000.

B. A recorded one-year-old federal income tax (IRS) lien for $8,000.

C. A recorded mechanic's lien of $1,200 for work started six months ago.

D. An unrecorded real estate special assessment tax lien for $500 filed one year ago.

An eighty-acre parcel of land was recently zoned single family residential with a minimum lot size of two acres. There is a deed restriction on the property restricting the use of the land to agricultural only. Can the developer use the property for residential use?

A. Yes, provided the lots are at least two acres in size.

B. Yes, provided the developer gets a variance.

C. No, because the deed restriction is still valid.

D. No, because once a restriction is placed on the land it cannot be removed.

Which statement about an encroachment is NOT true?

A. An encroachment is usually revealed in the chain of title. B. Tree branches overhanging the property line would be considered an encroachment.

C. A land survey will usually disclose an encroachment.

D. A property owner could sue the encroaching party for damages

A. An encroachment is usually revealed in the chain of title.

Note: When a building, fence, or driveway illegally extends beyond the boundaries of the land of its owner or legal building lines, an encroachment occurs. An encroachment is usually disclosed by either a physical inspection of the property or a limited survey. 

An easement created by a court of law establishing an owner’s right to ingress and egress their property would most likely be an easement:

A. in gross created by prescription.

B. in gross created by necessity.

C. appurtenant created by necessity.

D. appurtenant created by prescription.

C. appurtenant created by necessity.

note: appurtenant easements include the right for ingress and egress ex. right to use water from another owner's well. 

The owner in a residential subdivision gets a building permit from the county to put a fence on his property. The fence is in violation of the subdivision’s restrictions (CC&R). An adjoining neighbor in the subdivision objects to the fence. If the homeowner’s association (HOA) fails to enforce the restrictions the neighbor’s best action would be to:

A. have the county enforce the restriction.

B. apply to the court for an injunction.

C. have the permit revoked.

D. file a lis pendens as soon as possible.

Rules established by the local government to regulate building and construction standards are called:

A. building permits.

B. building codes.

C. certificates of occupancy.

D. building restrictions. 

Which of the following statements best describes a lien on real property?

A. An encumbrance that affects the use of the property.

B. A monetary claim unsecured by real property.

C. An easement to use an adjoining property.

D. A monetary encumbrance affecting title to the property.

A property is encumbered by an easement to provide access to the property of another. Which of the following is NOT true of this easement?

A. This is an appurtenant easement and does not terminate if one party dies.

B. This is an appurtenant easement and would terminate upon property transfer.

C. The encumbered property is the servient estate.

D. An appurtenant easement can involve more than two properties.

The priority of MOST liens on a property is based on:

A. the type of lien.

B. the date of recording.

C. the date of performance.

D. the amount of the debt.

Two mortgages and a judgment were filed against a property. The priority of the liens would be determined by the:

A. amount of each lien.

B. recording dates.

C. county where the liens were filed.

D. the type of lien.

On January 10, a contractor started work on a new house. The work was completed on October 10. The general contractor was paid but a subcontractor for the general contractor was not paid. On December 1 the subcontractor filed a mechanics lien. What is the effective date of the mechanics lien?

A. January 10.

B. October 10.

C. December 1.

D. A subcontractor cannot file a mechanics lien

A painter did some work on an owner's house and was not paid. The owner also owned several other properties in the same neighborhood. The painter would most likely file a mechanic's lien against:

A. all the owner’s real property.

B. all the owner's personal property.

C. the owner's property worked on by the painter.

D. both the owner's real and personal property.

A property had a judgment filed against it. This was the result of a:

A. mechanic's lien.

B. lawsuit.

C. mortgage foreclosure.

D. tax sale. 

B. lawsuit.

note: a judgment is The formal decision of a court upon the respective rights and claims of the parties to an action or suit. After a judgment has been entered and recorded with the county recorder, it usually becomes a general lien on the property of the defendant. 

An attachment lien would be placed on a property to:

A. enforce a deed restriction.

B. prevent the owner from conveying title to the property until a lawsuit is decided.

C. give notice of a possible future lien.

D. enforce a judgment.

A contractor hired by the property owner made improvements to the property. After the work was completed, the owner refused to pay the contractor for the work performed. The contractor should file a:

A. attachment.

B. notice of lien.

C. satisfaction of lien.

D. notice of nonresponsibility. 

A deed restriction in a subdivision prohibits fences. The city where the subdivision is located allows fences. A homeowner plans to put up a fence. A neighbor objects to their plans. The neighbor should:

A. do nothing since the government takes precedence over the deed restrictions in the subdivision.

B. do nothing since the owner has the right to fence the yard regardless of the deed restrictions.

C. apply for a court injunction against the owner’s plans since the deed restrictions take priority over the city because they are more restrictive.

D. file a lis pendens as soon as possible

A restrictive covenant which limits the use of real property in a subdivision is usually the result of:

A. government zoning.

B. eminent domain.

C. private deed restrictions.

D. police power. 

C. private deed restrictions.

note: Private restrictions that affect the use of real estate are often found in the deed that conveys title to the property. Once placed in the deed by a previous owner, a deed restriction will run with the land, limiting the use of the property by the current owner, as well as future owners to whom the property is subsequently transferred.

A property owner is violating the recorded deed restrictions. If the adjoining lot owners stand idly by while the violation is committed, they could lose their legal right to an injunction by their inaction. The court might claim their right was lost through the doctrine of:

A. laches.

B. abandonment.

C. escheat.

D. lis pendens.

A. laches.

note: laches= An equitable doctrine used by courts to bar a legal claim or to prevent the assertion of a right because of undue delay or failure to assert the claim or right. 

Which of the following statements would BEST describe an easement appurtenant?

A. The interest runs with the land.

B. They are primarily used by power line and utility companies.

C. They are generally created by condemnation action.

D. They are a license to use the land.

A property owner gives permission to his friend to cross his property and fish in the lake. If the owner sells the property, does the friend still have the right to cross the property?

A. No, a license is terminated when the property is sold.

B. No, an easement appurtenant is terminated when the property is sold.

C. Yes, the license belongs to the friend and will not terminate if the property is sold.

D. Yes, provided the friend compensates the new owner

A neighbor has the right to use a private access road to cross an adjoining property. Who is generally responsible for maintaining and repairing the access road?

A. The adjoining property owner that the access road crosses (servient tenement).

B. The parties specified in the easement agreement.

C. The homeowner’s association.

D. The county highway department

The primary purpose of recording a document is to:

A. make it valid.

B. to make it legal.

C. provide actual notice.

D. provide constructive notice. 

D. provide constructive notice.

note: anyone interested in a parcel of real estate needs to take steps called "giving notice" via documentation.

Constructive notice is the legal presumption that information has been obtained by an individual through due diligence. A document placed in the public record serves as notice to the world of an individual’s right or interest in the property.