California Real Estate Practice Exam

The recording of which of the following creates a lien?

1. Attachment

2. Easement

3. Notice of nonresponsibility

4. Restriction

The correct answer is: Attachment

The recording of an attachment creates a lien. An attachment is a legal process that enables a creditor to secure a claim against a debtor's property by obtaining a court order prior to a judgment. When an attachment is recorded, it serves as a public notice that the property mentioned is subject to a potential claim, thereby establishing an encumbrance or lien on the property. This means that if the creditor wins the court case, they can pursue foreclosure on the lien to satisfy the judgment amount owed. In contrast, although easements, notices of nonresponsibility, and restrictions can affect property use or ownership, they do not create a lien in the financial sense. An easement grants someone the right to use another’s property for a specific purpose without possessing it, and it does not establish a financial claim. A notice of nonresponsibility is used primarily in the context of property transactions to inform that a property owner is not responsible for work performed on the property, such as construction or improvements. Restrictions limit how property can be used but do not create a financial obligation tied to a debt, hence do not establish a lien.