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55 Cards in this Set

  • Front
  • Back

Party wall agreements don't ____________.

grant a positive easement appurtenant to each owner in the other's wall.

There are two adjoining properties. An easement allows property A to use the access road that belongs to property B. In this situation, property A is said to be which of the following in relation to property B?

Dominant tenement

Which of the following is not a ground for granting a prescriptive easement order?

harmful use

Which of the following is not a legal feature of liens?

a property may not be subject to multiple liens

A property line fence is an example of a(n)

a party wall agreement

Easements and encroachments are types of

encumbrances

A creditor who places a lien on a property is called the

Lienor

a junior liens also know by the name

inferior liens

tacking is the process whereby

an individual who is in adverse possession of real property adds his or her period of possession to that of a prior adverse possessor.

A property owner who is selling her land wants to control how it is used in the future. She might accomplish her aim by means of

a deed restriction

What distinguishes a lien from other types of encumbrance?

It involves a monetary claim against the value of a property.

Which of the following is a TRUE statement?

Licenses are not transferable and do not attach to the land.

A subdivision plat that does not allow front yard fences is an example of a(n)

deed restriction.

A lien is

a creditor's claim against personal or real property.

How does a lien terminate?

Upon payment of the debt and recording of documents

What action creates an easement of necessity?

a court decree

Which type of foreclosure processes does NOT enforce mortgage liens?

exact forclosure

What written document gives public notice that a mortgaged property may soon have a judgment issued against it?

Lis Pendens

A personal easement in gross is granted for which period of time?

for the grantees lifetime

If someone uses another's property as an easement without permission for a statutory period of time, a court order may give the user the easement right by prescription, regardless of the owner's desires. How long is this "period of time"?

10 years

Junior lien priority is based on

the date of recording

Which of the following statements best defines a judgment lien?

A lien attached to real and personal property as a result of a money judgment issued by a court in favor of a creditor

The receiver of the easement right is ___________.

the benefited party

There are two adjoining properties. An easement allows property A to use the access road that belongs to property B. In this situation, property A is said to be which of the following in relation to property B?

dominant tenement

In a foreclosure, if the sale does not yield sufficient funds to cover the amounts owed, the mortgagee may ask the court for a(n)

deficiency judgement

A special assessment lien

applies only to properties that are expected to benefit from a municipal improvement.

Which type of foreclosure processes does NOT enforce mortgage liens?

exact foreclosure

- For which homestead projects the following statement is correct? The owner must provide trust funds, which then must be deposited into an escrow account by the contractor at a bank.

that total $5000 or more

check the right statement about texas

texas is a lien-theory state

which lien conveys ownership over the property?

Mortgage liens on a property in a title-theory state

A certain property has the following liens recorded against it: a mortgage lien dating from three years ago; a mechanic's lien dating from two years ago; a real estate tax lien for the current year; and a second mortgage lien dating from the current year. In case of a foreclosure, which of these liens will be paid first?

Real estate tax lien

in which cases does a license cease

On the death of either party, or on the sale of the property.

how can a covenant be create

by mutual agreement

what are the two types of deed restrictions

covenant and condition

how does a lien terminate

upon payment of the debt and recording of documents

How often does the local legal taxing authority places a real estate tax lien against properties?

every year

Check the right statement about the duration of the commercial easement.

it is not tied to anyones lifetime

A property owner who is selling her land wants to control how it is used in the future. She might accomplish her aim by means of

a deed restriction

a personal gross easement

may not be revoked by the grantor

What action must a government take in order to evoke eminent domain?1

condemnation

Which of the following statements is false?

one can own an easement over ones own property

What may the creditor obtain to force the sale of attached property and collect the debt?

writ of execution

What distinguishes a lien from other types of encumbrance?

It involves a monetary claim against the value of a property.

Which of the following statements best defines a short sale?

A lender allows a borrower in default on mortgage to sell the mortgaged property for less money than necessary to satisfy the loan.

In Texas, what is the time period for granting a easement by prescription?

10 years

A conventional mortgage lien is an example of...

a specific lien

In which way an easement cannot be created?

by seizure of protions of the owners property

What action must a government take in order to evoke eminent domain?

condemnation

how does a lien terminate?

Upon payment of the debt and recording of documents

what are the two types of easements

appurtenant and gross

Which of the following liens is inferior?

income tax lien

What contract form did TREC adopt for use as an addendum to be added to contracts in the short sale of property?

TREC No. 45-1

What type of court proceeding gives the lender a property title instead of cash proceeds from a public sale?

strict forclosure

What is it called when during the notice of default and notice of sale periods, the borrower pays the lender and terminates the proceedings?

reinstatement and redemption

Which of the following is not a ground for granting a prescriptive easement order?

harmful use