Encumbrances and Liens

An encumbrance is most broadly defined as

• another's right to use aproperty without the permission of the property owner.
• another's right to claim the sale proceedes of a property that has been used as collateral for a loan.
• another's interest in a real property that limits the intersets of thehold property owner.
• another's right to control how the freehold owner of a real property uses the property.

Which of the following is true of easements in general?

• They involve the property that contains the easement and a non-owning party.
• They apply to a whole property, not to any specific portion of the property.
• They cannot be assigned or transferred.
• They may require a specific use, but common prohibit one.

In what 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.

If the owner of property A has a court-ordered easement to drive across property B beacuse it is the only way for A to have access to a public road, the easement in a(n)

• easement by perscription.
• personal easement.
• easement by necessity.
• easement in gross.

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.

An encroachment is

• an easement that has not been recorded on the title of the burdened property.
• an unauthorized physical intrusion of one property into another.
• a right granted by a property owner of an adjoining property to build a structure that protrudes across the property boundary.
• a structure that does not comply with a zoning ordinance.

A court might grant an easement by perscription if

• a municipality needs to dig a trench across an owner's property to install a sewer line to a neighboring property, and the owner refuses permission.
• a property owner sells the front half of a lot and wants to continue using the driveway to reach the rear of the lot.
• an intruder has been using an owner's property for a certain period with the owner's knowledge but without permission.
• a property owner wants to prevent the owner of an adjoining property from building a second-story addition that blocks the sunlight to his rose garden.

Deed restrictions generally concern

• the form of ownership in which a property may be held.
• how long a property must be owned before it can be legally transferred.
• what groups of are legally excluded from future ownership of a property.
• how a property may be used and what structures may be built on it.

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.

The lienee in a lien is the

• party who initiates the lein.
• owner of the property that is subject to the lien.
• party who has a claim against the owner of the property subject to the lien.
• property that is given as security for a debt.