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Pass California

Ownership and Land Use, 15% of the examination

Mechanic's lien

A lien securing payment for labour or materials furnished to improve real property.

Its priority relates back to the date work commenced on the project as a whole, not to the date the individual lien was recorded. That relation-back rule can put a lien ahead of a deed of trust recorded after work began, which is why construction lenders record before any visible work starts and title companies inspect the site.

See also

EncumbranceAny claim, lien, charge or liability attached to and binding on real property.

See it in a question

One question from Ownership and Land Use, so the term lands in the context the exam uses it in.

Ownership and Land Use ยท 15%Types of Ownership

Two unmarried people buy a house as joint tenants. One dies leaving a will giving her entire estate to her brother. What happens to her interest?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanour under B&P Code section 123.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practise Ownership and Land Use30 questions on this area, every option explained.Practice

Other terms in this area