Chapter 3.B

a common term for an easement

"right of way"

common encroachments 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.

Types of easements (IPNG)

-(easement) in gross -(easement) by necessity -(easement) by prescription -(easement) by implication

if a roofing contractor does not get paid for work performed on a person's property, they may file what lien type against the property?

A Mechanics lien

easement in gross (commercial easement in gross)

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

what easement type is described by the 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

a type of an involuntary, and specific lien

Mechanics Lien

types of liens include (MMT)

Mechanics Lien Mortgage Lien Tax Lien

Easement by prescription

Obtained by use of land without the owner's permission for a legally prescribed length of time.

Mechanic's Lien

This type of lien applies to individuals or companies who have "supplied labor or materials that improve a property"

Easement by necessity

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

is an example of a voluntary, specific lien

a mortgage lien

Encroachment

is a building, part of a building, or obstruction which intrudes upon the property of another. (a part of one's property crosses over the property line of an adjoining property.)

Most common type of lien

mortgage lien

attaches against the property when a taxpayer is delinquent in paying property taxes

tax lien

takes the highest priority among other liens (even higher than a mortgage lien).

tax lien

Easement

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

What must an easement by prescription be when in the state of NY

use must be open and obvious, and must continue uninterrupted for 10 years.

describe a mortgage 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 mortgage lien and demand full payment of the loan through the sale of the property (also known as foreclosure).

nonpossessory interest in land owned by another

an easement is a

Easement by implication

arises by implication from the conduct of the parties.

a Lien is a

claim or charge against the property of another

this easement type is also known as a commercial easement in gross

easement in gross

easement type commonly used by utility companies

easement in gross (or commercial easement in gross)

what "runs with the land"

easement(s)