10.4 Encumbrances

Encumbrances which affects the use of the property

>Deed restrictions >Encroachments >Easements on the property >Etc.

Dominant Tenement

Land benefiting from an easement appurtenant.

Easement

A right acquired by one party to use the land of another party for a special purpose. >A party may also have an easement right in the air of partial of land.

Easement Appurtenance

A right of use in the adjoining land of another that moves with the title to the property benefiting from the easement.

Easement in Gross

A right of use in the land of another without the requirement that the holder of the right own adjoining land.

Easement by Prescription

Obtained by use of the land of another for the legally prescribed length of time.

*Pop Quiz* A Limitation on the use of real property is known as a....?

Restriction

*Pop Quiz* Restrictive covenants are typically found in which of the following documents.....?

Deed

Servient Tenement .

Land encumbered by an easement.

Easement by voluntary grant

A grantor conveys the right to use the grantor's land to a grantee for the purpose of ingress and egress.

Restriction

A limitation on the use of real property.

Encumbrances are divided into Two different categories :

(1) Liens . (2) Encumbrances which affects the use of the property.

Lien: A claim against a property that provides security for the repayment of a debt or an obligation of the property owner. These Lien owners are unable to:

> "Mortgage ", because they are exempted from the Homestead protection can actual force the sale on the property to get repayment on the loan. **Someone with judgment cannot do this ** > Someone may maintain a judgement against the owner . - They can attach the lien to the property ,so when the owner sales it the judgment must be satisfied. **THESE LEAN HOLDERS ARE NOT ABLE TO FORCE A SELL OF THE PROPERTY.**

Encumbrance - A claim , charge , or liability that attaches to, and is binding on Real Estate. Can take many forms:

>Liens >Restrictions >Easements >Encroachments >Etc.

DEED RESTRICTIONS /RESTRICTIVE CONVENIENCE: Deed restrictions are usually imposed by the developer or by the subdivision . To maintain the standard of the original Sub division designated Typically covers...

>Lot size >Building lines >Building set back lines >Agricultural Styles >Uses of what the property can employ

Leans that can filed against a Owners Real Estate:

>Real Estate Taxes >Mortgages >Trust Deeds >Judgments >Mechanic needs

An easement that is annex to the ownership and used for the benefit of others partials in land.

>The Front of the property serves the back and this is called servient Tenement. > The property in the back that is considered the beneficial is called the Dominant Tenement. -If the back of the property was sold then the easement associated will pass with the Title as well.

Easement: Party does not have any ownership to the land but does have the right to use the land.

EX.Land Locked >A partial of land is sold , but you have no way to access it .>Their no surface access to a land locked property >Due to the easement the owner of the one partial can use that to access the front (Where the land was not sold).

*Pop Quiz* This type of easement exist when a landowner has no access to roads and is landlocked..?

Easement by necessity

*Pop Quiz* A claim, charge , or liability that attaches to , and is binding in real estate is known as a...?

Encumbrance

Easement by Necessity .

Exists when a landowner has no access to roads and is landlocked.

*Pop Quiz* A claim against a property that provides security for the repayment of a debt or an obligation of the property owner is known as a /an...?

Lien

Effectively it is a right earn interest held by a party who is not the owner of the property.

May or may not diminish the value or transfer the Title of the property

Liens

Monetary amounts that can affect the Title