Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
51 Cards in this Set
- Front
- Back
|
Lien priority is generally established by recording date and special priority is given to? |
Property tax and special assessment liens |
|
|
In Washington, homestead protection: |
Is automatic, beginning as soon as the owner starts living on the property. |
|
|
An easement is a type of: |
Nonpossessory interest |
|
|
The parcel of land that receives the benefit of an easement appurtenances is called the: |
Dominant tenement |
|
|
Because an easement appurtenant runs with the land, if the servient tenement is sold: |
The new owner still has to let the dominant tenant use the easement |
|
|
A driveway easement providing access to lot B across Lot A is: |
An easement appurtenant |
|
|
An easement in gross |
Benefits of person rather than a parcel of land |
|
|
An easement created by express grant or by express reservation: |
Must be in writing |
|
|
When the property was divided into two lots, the grantor failed to reserve an access easement across lot A for the benefit of Lot B. Even so, if an easement is reasonably necessary and there was no apparent prior use, there is an easement by: |
Implication |
|
|
An easement created through long-term use of land without the permission of the owner is an easement by: |
Prescription |
|
|
The owner of Lot B has an access easement across lot a. Then the owner of Lot B buys lot a. The easement is terminated through: |
Merger |
|
|
How can an easement be terminated by release? |
If the dominant tenant is willing to give it up. |
|
|
The difference between an easement and profit is: |
The profit allows something to be removed from the land |
|
|
Private restrictions are: |
Binding on subsequent owners of the property |
|
|
Violation of a private restriction is most likely to lead to: |
An injunction |
|
|
Verbal (unwritten) permission to cross someone else's property is: |
A license |
|
|
What is the type of lien that results from local improvements which benefit a limited group of property? |
A special assessment lien |
|
|
What happens when The proceeds of a foreclosure sale aren't enough to pay off all the liens against the property? |
The lien with highest priority is paid off first, even if there is no money left over for the other liens |
|
|
How is an easement by prescription created? |
Reasonably continuous use for 10 years |
|
|
What kind of lien is a mortgage? |
Voluntary |
|
|
Is a mortgage a general or specific mean? |
Specific |
|
|
What type of lien is a construction lien? |
Involuntary and specific |
|
|
What kind of lien is a judgment lien |
Involuntary and general |
|
|
What kind of lien is a property tax lien |
Involuntary and specific |
|
|
What kind of lien is an IRS lien |
Involuntary and general |
|
|
What kind of lien is a deed of trust lien |
Specific and voluntary |
|
|
In a deed of trust what is another name for the borrower? |
The trustee or grantor |
|
|
In a deed of trust what is another name for the lender? |
The beneficiary |
|
|
What is the main difference between a mortgage and the deed of trust? |
The methods of foreclosure |
|
|
What is another name for a construction lien |
A mechanics lien or a material Man lean |
|
|
A claim of lien must be recorded no later than how many days after the claimant has stopped working on or providing materials for the project? |
90 days |
|
|
To foreclose on a construction lien the lienholder must file a court action within how many months after the claim of lien was recorded? |
Eight months |
|
|
When a property has more than one lean against it, the lienholder to be paid first has first lien: |
Priority or position |
|
|
The rule first to record first in right, refers to the general rule that lien priority is set by the date of: |
When the lien was recorded |
|
|
In Washington, what two types of lien have priority over all, regardless of recording date? |
Property tax and special assessments |
|
|
When is priority of a construction lien determined? |
By the date the claimants work begins or the materials are delivered |
|
|
True or false? Washington's homestead law protects the land and out buildings, in addition to the dwelling itself. |
True |
|
|
True or false? Homestead protection is automatically terminated if the owner fails to occupy the property for a period of one year. |
Falls, terminates when property is sold |
|
|
Define easement in gross |
Commercial easement |
|
|
Define dominant tenant |
Owner of the benefited land |
|
|
Define easement appurtenant |
Runs with the dominant tenement |
|
|
Define servient tenement |
Parcel of land with the burden |
|
|
An easement holder has the right to use the property of another, but does not have the right of: |
Possession |
|
|
Nelson owns no property, but he has an easement that allows him to use Betty's track to exercise his horses. What kind of easement does he have? |
Easement engrossed to, "personal easement" |
|
|
True or false? And easement is a non-possessory interest that burdens the land owners title |
True |
|
|
True or false? Because a grant of easement does not transfer title, it does not need to be recorded. |
False. Provide constructive notice. |
|
|
Encroachment becomes adverse possession after how many years? |
10 or more |
|
|
True or false? an encroachment is an encumbrance |
False. And encroachment is not an encumbrance |
|
|
True or false? If the lender for closes the mortgage, the easement will terminate automatically. |
False. It does not terminate |
|
|
A court can order an encroachment to be removed through a judicial action called: |
And ejectment |
|
|
What is an example that would apply to the attraction nuisance doctrine? |
The owner of an unsent swimming pool may be liable for any harm caused from failure to keep out trust passing children. |
