New York Real Estate Salesperson ExaminationProperty OwnershipHard
A landowner in New York fails to pay their municipal water bill for an extended period. The local water authority files a claim against the property to secure the unpaid amount. This claim is known as a:
- AVoluntary Lien
- BGeneral, Voluntary Lien
- CSpecific, Involuntary Lien
- DMortgage Lien
Show answer & explanationAnswer & explanation
Correct answer: C. Specific, Involuntary Lien
Unpaid municipal water bills result in a specific, involuntary lien. It's 'specific' because it attaches only to the property benefiting from the water service, and 'involuntary' because it's placed against the owner's will due to non-payment, rather than by choice.
Why the other options are wrong
- A. A Voluntary Lien is created by agreement (e.g., a mortgage), whereas this scenario describes a lien imposed due to non-payment.
- B. This is incorrect because it's neither general (it's specific to the property) nor voluntary (it's imposed due to non-payment).
- D. A Mortgage Lien is typically a voluntary lien used to secure a loan for property purchase, not for unpaid utility bills.
Specific, Involuntary Lien
A lien placed against a specific property without the owner's consent, typically due to unpaid taxes, assessments, or municipal services (like water or sewer bills).
- Attaches to a single, specific property
- Imposed by law, not by choice of owner
- Examples include property tax liens, mechanic's liens, utility liens
Memory trick: Liens are like 'Property Chains'—some you choose, some are forced.