Principles: Chapter 3 • Encumbrances, Liens, And Homesteads

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A writ authorizing and directing the physical seizure of property.

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WRIT OF ATTACHMENT

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Seizure of property by court order before judgment, usually done to have it available in the event a judgment is obtained in a pending law suit. The actual or constructive seizure of property by court order during a lawsuit. The usual purpose is to hold the assets as security for the satisfaction of a judgment.

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ATTACHMENT

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A provision in a contract stating that the contract will not go into effect or that it will terminate upon the occurrence of some specified future event. (1) A restriction added to a conveyance that, upon the occurrence or nonoccurrence of a some act or event, causes the estate to be defeated. (2) A contractual provision that upon the occurrence or nonoccurrence of a stated act or event, an obligation is created, destroyed, or defeated.

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CONDITION

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A contractual agreement whereby one of the parties promises to perform or to refrain from doing certain acts.

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COVENANT

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That parcel of land that benefits from an easement across another parcel of property (the servient tenement).

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DOMINANT TENEMENT

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An easement created for the benefit of a particular parcel of property. There is both a dominant and a servient estate. The easement is annexed to and part of the dominant property.

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EASEMENT APPURTENANT

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An easement that benefits a particular individual, not a parcel of property. Involves only a servient estate. A public utility easement is an example.

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EASEMENT IN GROSS

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The projection of a structure onto the land of an adjoining owner. A structure or natural object that unlawfully extends into another's property.

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ENCROACHMENT

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Any claim, interest, or right in property possessed by another that may diminish the true owner's rights or value in the estate. Examples include mortgages, easements, or restrictions of any kind. A claim, lien, or charge on property.

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ENCUMBRANCE

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A lien on all the property of the debtor.

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GENERAL LIEN

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(1) A home upon which the owners have recorded a Declaration of Homestead, as provided by California statutes, that protects the home against judgments up to a specified amount. (2) A probate homestead is a similarly protected home property set aside by a California probate court for a widow or minor children. A special, limited exemption against certain judgments available to qualified homeowners.

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HOMESTEAD

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Any lien imposed on property without
the consent of the owner.

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INVOLUNTARY LIEN (use: w/o the consent)

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A money judgment that, because it has been recorded, has become a lien against the judgment debtor's real property.

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JUDGMENT LIEN

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A lien given by statute to persons supplying labor, materials, or other services to improve real property. Whenever a contractor, laborer, or material man provides labor or materials to improve real property and is not paid, that person is entitled to a lien against the property as a means of securing payment. Certain statutory steps must be taken to file, record, and foreclose the lien. Memo to set: A document filed in a lawsuit which asks to be placed on the waiting list ("docket") for the next available
court date.

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MECHANIC'S LIEN

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A notice recorded after termination of work on improvements, limiting the time in which mechanic's liens can be filed against the property.

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NOTICE OF COMPLETION

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A notice provided by law designed to relieve a property owner from responsibility for the cost of work done on the property or materials furnished for it when the work or materials were ordered by a person in possession. Notice relieving an owner from possession. Notice relieving an owner from mechanic's liens for work on property not ordered by that owner.

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NOTICE OF NONRESPONSIBILITY

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A dividing partition between two
adjoining buildings (or units) that is shared by the tenants of each residence or business.

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PARTY WALL

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Restrictions imposed on property by the government.

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PUBLIC RESTRICTIONS

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In the event the homeowner wishes to sell or move to another home, The owner has six months in which to invest his or her equity money in a new home. The homeowner may then file a homestead on the new home and thereby continue to protect the equity against creditors up to the exemption amount.

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SIX MONTH RULE

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Claims that affect only the property designated in the lien instruments or agreements.

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SPECIFIC LIENS

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Any lien placed on property with the consent of the owner or as a result of the voluntary act of the owner.

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VOLUNTARY LIEN

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An order directing the sheriff to seize property to satisfy a judgment.

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WRIT OF EXECUTION

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Easements, private and public restrictions, and encroachments are all:

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Physical (non-money) encumbrances

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Money encumbrances are called __.

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liens

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mortgages and deeds of trust are both types of __.

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liens

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The most common easement is a
right-of-way for __ and __.

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ingress and egress

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__ is a right to use the land of another.

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Easement

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Private restrictions placed in a deed are known as __.

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CC&Rs

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Zoning, building codes, health regulations are examples of __ __.

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public restrictions

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There are statutory time periods in which an owner must sue to force removal of __.

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encrochments

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Starting dates and completion dates of work are extremely important since the law specifies the exact time limits involved in carrying out a(n) __ lien .

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mechanic's

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__ are considered general liens and may attach all property
owned by the debtor in the county in which the abstract of judgment
is filed.

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Judgements

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A(n) __ of judgment creates a lien for __ years on real estate located within the county where the judgment is recorded.

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abstract; 10

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If a(n) __ is properly completed and recorded, these are the equities exempt from judgement:
- single person < 65: $__
- head of a household: $__
- Seniors > 65 & low-income people 55-64: $__

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homestead
75,000
100,000
175,000

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A homestead can be applied only on __-occupied residential property,
and only __ homestead can be held at a time.

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owner; one

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Homesteads can be
terminated by selling the property or filing a declaration of __ or, in the case of the automatic dwelling house exemption, by moving out of the home.

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abandonment

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Preliminary notice should be served within __ days from the first furnishing of labor or materials on your home site.

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20

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A notice of completion should be filed by you within __ days after the completion of work on the home.

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10

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After filing your notice of completion, the general contractor has __ days to file a lien, while the subcontractors have __ days.

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60; 30

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If your notice of completion is filed incorrectly and hence is invalid, all workers have __ days to file a lien.

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90

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If a mechanics’ lien is filed, it automatically terminates if court
action is not instituted within __ days.

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90

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To calculate homestead equity available for judgements = value - loans - __ exemption.

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homestead

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When a property owner discovers that a neighbor has built a
structure on a portion of his or her property, how long does the property owner normally have to bring an action against the neighbor?

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3 years

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__ by __ is brought about by open and notorious use over a long period of
time.

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EASEMENT BY PRESCRIPTION

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Easement by prescription requires:
1. using the property hostile to the true owner’s __.
2. using the property openly and __.
3. having some right of claim or color of __.

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wishes
notoriously
title

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If a landlord wishes to be protected from a mechanics’ lien on
work ordered by a tenant, upon discovery of the work, the
landlord must file a notice of non-responsibility within how
many days?

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10