#404

A type of document, which is recorded, which informs persons interested in buying a property that the property could possibly become liable to a judgement issued against it in a lawsuit. This document is known as a writ of attachment through satisfaction of habendum clause.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The type of document we're referring to is know as lis pendens.

Lis pendens is latin for "in pending" which is constructive notice given to an interested party that the property may be affected by the outcome of a pending lawsuit.

Habendum Clause is latin for "to have and to hold" which may be included after the granting clause in a deed and will describe the real estate variety.

                                                    #403

A judge ruled in a pending lawsuit that a lien is to be placed on the defendant's home which will place a hold on the property as security if a judgement is ruled against the homeowner.

The court's action is commonly referred to as a prescription for adverse judgement.

Is this true or false ?

Remember to take your time. The solution is posted below the royalty free wildlife photo.

A. False

The court's ruling is known as an attachment.

An attachment is a lien imposed on the property which will remain in effect while the final result of the lawsuit is being awaited.

                                                         #402

Andrew has actually constructed an easement over Tanya's property.

If Andrew buys Tanya's property next month the easement will continue to exist.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When Andrew buys Tanya's property, and the deal is closed and the deed delivered, a merger of the easements has occurred because one person has demonstrated the acquisition of both the servient tenament and the dominant tenanment.

When the dominant and servient tenaments are acquired by one person, the merger of the tenaments will terminate the easement.

                                                         #401

If a balcony in an apartment structure hangs over a boundary line which was created to delineate the boundary line of the property this would be called an appurtenant easement.

Is this true of false ?

Take your time the solution is poisted below the wildlife photo.

A. False

If the balcony hangs over the boundary line the balcony is an encroachment to the other property.

An appurtenant easement is an easement that is allowed to cross a parcel of land known as the servient tenament. 

This creates a benefit for the other parcel of land and is called the dominant tenanment.

                                                         #400

When we talk about real estate property tax liens we're talking about tax liens that are general, voluntary liens that affect property.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Property tax liens on real estate are involuntary and specific.

If it's involuntary, the interest in the property is created by law as opposed to voluntary which gives an interest in the property to a creditor voluntarily and by will.

If the lien were a general lien it would attach to all of the debtor's property.

Since it's only real estate we're concerned with, it makes the lien specific, or a lien which will only be enforced against a particular property.

                                                         #399

When a subdivision creates private restrictions in the declaration of Covenants, Conditions and Restrictions, or CC&R's, the restrictions are originally created when the subdivision was planned and are enforced by the developer.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. True

The CC&R's are established by the developer and the owners of the lots in the subdivision have an obligation to supoort them.

                                                         #398

If there is a cloud on a title, and it seems that it can't be cleared, a judicial proceeding takes place that decides ownership with a suit for the partition of the property in question.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When a title can't be cleared, a suit to quiet title action is undertaken and allows the court to establish the interests of all parties regarding a parcel of real estate.

                                                         #397

One of the main reasons why the grantee should see to it that the deed is recorded properly is to demonstrate that the deed was conveyed and accepted.

Is this statement true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The most important reason for recording the deed is to give constructive notice of the grantee's interest in the property.

Constructive notice is when a person should know of something through discovery by reasonable diligence which includes searching public records.

Constructive notice is an edict of law which applies whether or not the individual actually knew of the recording of the deed.

                                                         #396

If a will is written but there is no witness to the composition of the will this type of will is commonly referred to as a formally executed will.

Is the description of this type of will considered to be a true or false description ?

Take your time. The solution is posted below the wildlife photo.

A. False

A will which is handwritten and not witnessed is called a holographic will.

Some states actually recognize this type of will even though it's unwittnessed.

The will has to be dated and signed by the testator but it doesn't have to be witnessed.

                                                               #395

If there just happens to be an unfortunate cloud on the title the cloud may be cleared by underwriting a title insurance policy.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. Very false

Whenever there is a cloud on a title the usual way to clear the cloud on the title is to use a quitclaim deed which will convey any interest in a property that the grantor may have.