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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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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Previous Question
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?
Next Question
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?