Question: Other than its categorization as inferior or superior, a lien’s priority is generally determined by

the size of the amount that is the subject of the lien.

date of recordation.

date when the lienee signs the lien document.

type of document used to establish the lien.

Answer: You answered incorrectly

Two factors primarily determine lien priority. Firstly the lien’s categorization as superior or junior, and secondly the date the lien was recorded.

Question:

Answer: An encumbrance is an interest in and right to real property that limits the legal owner’s freehold interest. An encumbrance is another’s right to use or take possession of a legal owner’s property, or to prevent the legal owner from enjoying the full bundle of rights in the estate.

Question: A homeowner wants to give a neighbor seasonal permission to cross her yard to reach a public basketball court. What kind of lien or encumbrance should she use?

Encumbrance

Easement

License

Covenant

Answer: A license, like a personal easement in gross, is a personal right that a property owner grants to another person so that they may use the property for a specific purpose.

Question: Oak Hill subdivision only allows homes over 2,000 sq ft to be built. What is this an example of?

Deed restriction

Encroachment

Prescription

Zoning restriction

.

Answer: You answered incorrectly

A developer may place deed restrictions on all properties within a recorded subdivision plat, such as minimum sizes or setback requirements

Question: One difference between a condition and a covenant is that

breach of a covenant leads to forfeiture of ownership.

a covenant can be enforced in court.

a condition can be created at any time.

a condition can be created only when there is a transfer of ownership.

Answer: A condition can only be created within a transfer of ownership, and a covenant can be created by mutual agreement.

Question: Junior liens include;

Answer: income tax liens, corporate income tax liens, intangible tax lien, judgment lien, mortgage lien, vendor’s lien, mechanic’s lien.

Question: Which of the following tax liens is a junior lien?

Answer: Special assessment tax lien

Inheritance tax lien

Income tax lien

Ad valorem tax lien

Question: Property A and property B share a common wall along the property boundary. To ensure that neither owner destroys the wall, the owners of A and B should create

an easement by necessity.

a perpetual encroachment.

a license.

a party wall easement.

Answer: A party wall is a common wall shared by two separate structures along a property boundary. Party wall agreements provide for severalty ownership of half of the wall by each owner, and grants a negative easement appurtenant to each owner in the other’s wall to prevent a destructive use.

Question: Which is NOT a superior lien?

Special assessment lien

Real estate tax lien

Federal and state inheritance tax lien

Judgment lien

Answer: Special assessment tax liens, real estate property tax liens and federal and state inheritance tax liens are all superior to judgment liens.

Question: In which kind of easement is there a dominant tenement and a servient tenement?

An easement in gross

A commercial easement

A personal easement

An easement appurtenant

Answer: An easement appurtenant