Chapter 4 liens and easements

GENERAL LIENS

1. Judgement Liens 2. Writs of Attachment 3. Income tax Liens 4. Estate and Inheritance Tax Liens 5. Corporation Franchise Tax Liens 6.

SPECIFIC LIENS

1. Mortgage Liens 2. Real Property Tax Liens 3. Foreclosure of a tax lien by an action in rem 4. Mechanics' and Materialmen's Liens 5. Lis Pendens

AFFIRMATIVE EASEMENT APPURTENANT

1. Runs with the land 2. Dominant tenement can physically use servient tenement 3. allows access to water, road, or other feature

NEGATIVE EASEMENT APPURTENANT

1. Runs with the land 2. Dominant tenement can restrict servient tenement 3. also know as view easement or easement for light and air

EASEMENTS APPURTENANT are created by

1. grant or reservation are those created with the express written agreement of the landowners (deed) 2. necessity and intent exist when land has no access to roads and is landlocked. Access, also known as Ingress and Egress, is required by law. 3. prescription are obtained by use of land without the owner's permission for a legally prescribed length of time. 4. implication arise by implication from the conduct of the parties 5. condemnation is created by the exercise of the government's right of eminent domain 6. A party wall is a wall shared by 2 adjoining structures cross-easement -subject to an easement by each of the owners to use the other's section of the wall for support

TERMINATION OF EASEMENTS APPURTENANT

1. release of the easement by the easement owner 2. combining the dominant and servient lands into one tract, called merger 3. abandonment of the easement by the easement owner 4. purpose for the easement ceasing to exist, example, when land is no longer landlocked because a new road has been built. 5. expiration of a specified time period for which the easement was created

Liens fall in 2 categories

1. specific liens: claims against a specific and readily identifiable property, such as a mortgage 2. general lien: claims against a person and all of his or her property, such as the disposition of a lawsuit.

EASEMENTS APPURTENANT

2 land owners must be involved: one must receive a benefit and the other must accept a burden. Are divided into 2 categories: Affirmative & Negative Is to allow access to some desirable feature such as water, an access road, or other land owned by the dominant owner on the other side of the servient owner.

The land that benefits from an easement appurtenant is called

DOMINANT TENEMENT or estate

6. An easement appurtenant requires 2 land owners they are called

Dominant & serviant tenement

A nonpossessory interest in land owned by another is---- The ------owner merely owns the right to use the or have access to the land. The right of ----entry and----exit to and from the real estate is one of the primary purposes of ------

Easement (right-of-way) Ingress/ Egress easement

An easement of condemnation is created by the govt. Right of

Eminent domain

Anything intruding across a boundary line is a

Encroachment

A lien creates an______________ on the property.

Encumbrance

Anything that lessens the bundle of rights is a----- Most------ are interest in the property that create debt or give use and /or control to another.

Encumbrance

A------ is a claim or charge against the property of another • In New York, liens for real property taxes and special assessments receive the highest priority of all liens

LIEN

A temporary privilege to use another's land is for example: the right to fish or hunt.• A -------- is defined as permission to do a particular act or series of acts on another's land without possessing any estate or interest in the land. A ------- is not assignable, not inheritable, and is a temporary privilege.

License

a legal term describing the right to take products of the soil from someone else's land, including soil, minerals, or timber. Profits are created in the same manner as easements: by grants or deed, by necessity, or by prescription.

PROFIT

The lien that has priority over all others is

Real property tax lien

Restrictions placed on a private owner by nongovt. Is

Restrictive covenant

The land that must suffer and allow the use is called

SERVIENT TENEMENT or estate

The two types of liens are

Voluntary & involuntary

EASEMENTS IN GROSS

are also called COMMERCIAL EASEMENTS IN GROSS. is usually owned by the government, an agency of the government, or a public utility. The owner of the easement (the utility company) does not own any land adjacent to the easement, MERELY THE RIGHT TO USE THE LAND OF THE OWNER. Most common form of easement used.

INVOLUNTARY LIEN

occurs through a legal proceeding in which a creditor places a claim on real and /or personal property to obtain payment of a debt.

VOLUNTARY LIEN

occurs when an individual consents to placing a security against herself or her property. ex: a mortgage lien

RUNNING WITH THE LAND

when an easement appurtenant follows the transfer of title to land from one owner to another and attaches to the land

Habendum Clause

• "to have and to hold"

means pending litigation. This filing is a legal notice that a lawsuit has been filed concerning the specific property.

• Lis pendens

Mechanic and Materialmen's lien

• New York law requires that a mechanic and materialmen's lien for residential property be filed with the county clerk where the property is situated within 4 MONTHS from the date when the labor or materials were furnished. The time and date of filing determines the priority of the lien. In New York, mechanic's liens must be renewed annually.