Under California law, all of the following statements about mechanics' liens are correct EXCEPT:
Correct Answer
C) A mechanics' lien takes priority over a previously recorded purchase money deed of trust
A mechanics' lien does NOT automatically take priority over a previously recorded purchase money deed of trust. Under California Civil Code §8450, a mechanics' lien relates back to the commencement of work, but a purchase money deed of trust recorded before work commenced maintains its priority. The mechanics' lien only takes priority over liens recorded AFTER work commenced.
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A neighbor's fence has stood two feet over an adjacent property line in California for six years. The fence location has been open and visible since it was built, and neither party disputed it until now. The adjoining owner demands the fence be moved. Which of the following BEST describes the legal classification of the fence under California property law?
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A homeowner in California owes $15,000 in unpaid state income taxes. The California Franchise Tax Board records an abstract of judgment. Which type of lien is created, and what property does it affect?