Chapter 3.B - Legal Issues: Liens & Easements

Easement for Light and Air

A type of negative easement. This easement prevents an adjoining land owner from building any structure that would obstruct the passage of light or air from reaching the dominant land.

Mortgage

Which of the following is an example of a voluntary lien

Encroachment

A building, part of a building, or obstruction which intrudes upon or invades a highway or sidewalk or trespasses upon the property of another.

Voluntary Lien

A contractual or consensual lien that is created by an action taken by the debtor, such as a mortgage loan to buy real estate.

Voluntary lien

A contractual or consensual lien that is created by an action taken by the debtor, such as a mortgage loan to buy real estate.

General Lien

A judgment lien is an example of what type of lien...?

Subordination Agreement

A legal document used to make the claim of one party junior to (or inferior to) a claim in favor of another.

Lis Pendens

A legal document, filed in the office of the county clerk giving notice that an auction or proceeding is pending in the courts affecting the title to the property. (Not applicable in commission disputes.)

Lis Pendens - Notice of Pendency

A legal document, filed in the office of the county clerk giving notice that an auction or proceeding is pending in the courts affecting the title to the property. (Not applicable in commission disputes.)

Lis Pendens

A legal document, filed in the office of the county clerk giving notice that an auction or proceeding is pending in the courts affecting the title to the property. (Not applicable in commission disputes.) - Foreclosure. - Claim against property. - Under contract but not selling, purchaser put on claim...

Involuntary lien

A lien imposed against property without consent of the owner, e.g., taxes, special assessments, result of unpaid water bills

Involuntary Lien

A lien imposed against property without consent of the owner, e.g., taxes, special assessments.

Tax Lien

A lien imposed by law upon a property to secure the payment of taxes.

General Lien

A lien that attaches to all personal and real property of a person or firm.

General Lien

A lien that attaches to all personal and real property of a person or firm. - Judgment

Specific Lien

A lien that only binds to a specific asset or property.

Specific Lien

A lien that only binds to a specific asset or property. - Mortgage

Specific Lien

A mortgage is an example of what type of lien...?

Dominant Tenement

A parcel of real property that has an easement over another piece of property (the servient estate).

Servient Tenement

A parcel of real property that is encumbered by an easement of a dominant estate.

Easement

A right to cross or otherwise use someone else's property for a specified purpose.

Mechanic's Lien

A security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.

Non-Possessory

A term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.

Party Wall

A wall built along the line separating two properties, partly on each, which wall either owner, the owner's heirs and assigns has the right to use; such right constituting an easement over so much of the adjoining owner's land as is covered by the wall.

Easement by Condemnation

An easement created by the government or government agency that has exercised its right under eminent domain.

Easement in Gross

An easement that benefits an individual or a legal entity, rather than a dominant estate.

Easement in gross

An easement that benefits an individual or a legal entity, rather than a dominant estate.

Easement in Gross

An easement that benefits an individual or a legal entity, rather than a dominant estate. - Utility. - Sewage.

Easement Appurtenant

An easement that benefits the dominant estate and "runs with the land" is known as what...?

Easement Appurtenant

An easement that benefits the dominant estate and "runs with the land". In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred.

Easement Appurtenant

An easement that benefits the dominant estate and "runs with the land". In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred. One benefits and the other is Servient. Driveway through someones Servient's land. Can also be done with "Flag Lot" method with no easement.

Easement appurtenant

An easement that benefits the dominant estate and "runs with the land."

Easement by Implication

An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.

Easement by Prescription

An implied easement granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years is known as what...?

Mortgage

An instrument in writing, duly executed and delivered, that creates a lien upon real estate as security for the payment of a specified debt is known as what...?

Mortgage

An instrument in writing, duly executed and delivered, that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Encumbrance

Any right to or interest in the land interfering with its use or transfer, or subjecting it to an obligation.

Easement by Prescription

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Easement by Prescription

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years. -Implied. Where dominant is just using it and subservient does not stop him.

Easement by Necessity

Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

License

Permission granted by a party to another party as an element of an agreement between both parties is known as what...?

License

Permission granted by a party to another party as an element of an agreement between both parties.

Appurtenances

Something which is outside property itself but belongs to the land and adds to its greater enjoyment such as a right-of-way or a barn or a dwelling.

Easement by Grant

The creation of an easement by one party expressly transferring the easement to another party is known as what...?

Easement by Grant

The creation of an easement by one party expressly transferring the easement to another party.

Possessory

The intent and right of a person to occupy and/or exercise control over a particular plot of land.

Right-of-Way

The right to pass over another's land pursuant to an easement or license.

Easement by necessity

This type of easement allows a landlocked property without access to a public way, to cross the land of an adjoining property for the purpose of ingress and egress.

Barn, Right-of-way, Dwelling NOT A Stove

Which of the following is NOT considered an appurtenance...?

Title Report, Survey, Plot Plan NOTW the Department of Buildings Website

Which of the following will NOT describe any easements on a property...?