Which encumbrance is a lien rather than a use restriction?
Correct Answer
D) An unpaid property-tax claim against the parcel
Why this is correct: A lien is a monetary claim against the property, such as an unpaid property tax, mortgage, or mechanic's lien. It secures payment of a debt. Why the other choices are wrong: 'A recorded view easement over a neighbor' is wrong; that is a non-possessory use right (easement), not a lien. 'A subdivision's recorded private deed restrictions' is wrong; those are private use restrictions. 'An appurtenant access easement' is wrong; that is also an easement for use. Exam tip: Liens = money claims. Easements/deed restrictions = use controls.
Why This Is the Correct Answer
Why this is correct: A lien is a monetary claim against the property, such as an unpaid property tax, mortgage, or mechanic's lien. It secures payment of a debt. Why the other choices are wrong: 'A recorded view easement over a neighbor' is wrong; that is a non-possessory use right (easement), not a lien. 'A subdivision's recorded private deed restrictions' is wrong; those are private use restrictions. 'An appurtenant access easement' is wrong; that is also an easement for use. Exam tip: Liens = money claims. Easements/deed restrictions = use controls.
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