Chapter 3B

the right to cross or otherwise use someone else's property for a specified purpose. An ______________ is a nonpossessory interest in land owned by another. The common term for an _____________is "right-of-way". ______________"run with the land".

easement

This type of easement arises by implication from the conduct of the parties.For example, if a landowner sells mineral rights to a company, that company has an easement by implication to go onto the property to do mining.

easement by implication

Used when a property owner is landlocked and needs to cross an adjacent property to get access to their property.

easement by necessity

Obtained by use of land without the owner's permission for a legally prescribed length of time.In New York, the use must be open and obvious, and must continue uninterrupted for 10 years.

easement by prescription

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

easement in gross

Also known as a commercial easement in gross.This type of easement is commonly used by utility companies.

easement in gross

Common _________________ include:- a fence that was partially built onto the neighbor's property.- a tree that has grown to cantilever over the property line.- a deck that was built slightly over the property line.- a garage or shed, part of which was built over the neighbor's property line.

encroachments

An _______________ is a building, part of a building, or obstruction which intrudes upon the property of another.In other words, a part of one's property crosses over the property line of an adjoining property.

enroachment

a claim or charge against the property of another.

lien

This type of lien applies to individuals or companies who have "supplied labor or materials that improve a property". For example, if a roofing contractor does not get paid for work performed on a person's property, they may file a _____________ __________ against the property. A ___________ __________ is a type of an involuntary, specific lien.

mechanic's lien

This is the most common type of lien. When a homeowner obtains a mortgage, they are granting the lender a mortgage lien on their property. If the mortgage is not paid, the lender may exercise the ____________ ___________ and demand full payment of the loan through the sale of the property (also known as foreclosure).A mortgage lien is another example of a voluntary, specific lien.

mortgage lien

When a taxpayer is delinquent in paying property taxes, a______ _________ attaches against the property.A _______ _________takes the highest priority among other liens (even higher than a mortgage lien).

tax lien