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51 Cards in this Set

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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.