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The type of easement that gives permission to physically cross a piece of real property is called...?

Affirmative easement.

The property that benefits from an easement appurtenant is called the...?

Dominant estate.

An easement that gives a landlocked parcel access to a public road is an example of an...?

Easement by necessity.

Banks and mortgage lenders protect their interests with what type of lien?

Mortgage lien. A mortgage is the most common example of a voluntary lien. Each time a borrower gives a mortgage to a lender in exchange for a loan to purchase a property, they are voluntarily creating a lien on the property. The lien allows the lender to foreclose on the property if the borrower defaults on the loan.

What does the lienholder have when a lien is filed?

A claim to a portion of the property's value.

An easement can be described as...?

A right, privilege or interest in real property owned by someone else.

Deed restrictions can be created by...?

All of the answer choices provided are correct -Homeowner's association -Builder -Township

Which of the following is a requirement to create an easement by prescription?

All of the answer choices provided are correct -Hostile use of the servient estate -Continuous use of the servient estate -Open use of the servient estate

Deed restrictions can be identified by...?

Conducting a title search.

When the dominant estate has used the servient estate property in an open, hostile, and continuous manner for a number of years, it may create a/an...?

Easement by prescription.

A lien is an example of a/an...?

Encumbrance. By definition, anything which affects or limits the fee simple title to a property is considered an encumbrance. This may include an easement or mortgage (which is an example of a lien).

In most cases, encroachments are...?

Unintentional. Most encroachments occur accidentally. For example, a tree grows so large that it now overhangs into the neighboring property.

Which of the following could file a mechanic's lien?

All of the answer choices provided are correct -Plumber -Electrician -Architect Anyone who performs services on a house may file for a mechanic's lien if they are not paid by the owner. This includes plumbers, electricians, or architects.

When two property owners join together to create a written agreement transferring an easement to another party, what is the easement called...?

An easement by grant.

Each of these could be considered an encroachment, except...?

Cement patio that extends up to the property line. An encroachment only occurs when something crosses the neighbor's property line.

A lien that is not tied to a specific piece of real estate is called a...?

General lien. Remember, specific liens are attached to only one property, while general liens may attach to more than one property.

In order to remove a deed restriction, a homeowner would need to...?

Go to court for a judge's ruling. A court order is needed to remove a deed restriction.

Equitable liens are also called...?

Judgment liens. A court judgment creates an equitable lien on a property, which allows the plaintiff to recoup the money owed to them. A judgment lien is also known as an equitable lien.

Which of the following is not required for a prescriptive easement?

Lack of use of the land. According to the definition of an easement by prescription, the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

What is the most common type of voluntary lien?

Mortgage lien. A mortgage is the most common example of a voluntary lien. Each time a borrower gives a mortgage to a lender in exchange for a loan to purchase a property, they are voluntarily creating a lien on the property. The lien allows the lender to foreclose on the property if the borrower defaults on the loan.

The type of easement that includes the right to restrict activity on or use of the property is called a/an...?

Negative easement.

A court may create this type of easement if an encroachment was open, notorious, hostile, and continuous for a period of years?

Prescriptive easement.

The word that describes the legal preference for how liens will be handled when the property is sold is called...?

Priority. Remember the phrase "priority of liens". The highest priority lien, such as a tax lien or mortgage lien, will be handled first.

Which of the following is not a type of deed restriction?

Reversion. The term reversion does not apply to deed restrictions.

The property that is subject to an easement appurtenant is called the...?

Servient tenement.

What type of lien means that the lien is attached to a piece of real estate?

Specific lien.

If a property has both a tax lien and a mortgage lien against it, which lien has priority (generally speaking)?

Tax lien. Remember, tax liens always take the highest priority among other liens. If a mortgage lien exists on a property and a tax lien is created, the tax lien will take first priority even though it was created after the mortgage lien.

What happens if the dominant and servient estates with an existing easement are combined?

The easement is terminated. One way to terminate an easement is to combine the servient and dominant estates. By doing so, the easement is no longer necessary.

How long do deed restrictions last?

They are permanent. Deed restrictions "run with the land", meaning they transfer from owner to owner.

How long does an easement last?

They run with the land, so they transfer with the property. Easements "run with the land", meaning they pass from owner to owner without a set duration.

Bill built a new deck that extends over his neighbor's lawn. Bill did not know that he was crossing the property line when he built the deck. Is this an encroachment?

Yes. It does not matter whether or not the encroachment was intentional.