Chap 3.B | Liens & Easements

Liens: Highest Priority to Lowest Priority

1. Real Property Tax Lien > 2. Mortgage Lien > 3. Mechanic's Lien > 4. Judgement 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.

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.)

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.

Specific Lien

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

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.

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.

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 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 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.

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.

A right-of-way, barn, or dwelling are all examples of what...?

Appurtenance

Something which is outside property itself but belongs to the land and adds to its greater enjoyment is known as what...?

Appurtenance

ACRIS

Automated City Register Information System

A party wall is an example of a/an...?

Easement

Michael must use his neighbor's driveway in order to gain access to his garage at the rear of his property. Michael's neighbor grants him access to use the driveway but only for the specific use of providing access to the garage. Michael's right to use his neighbor's driveway is an example of what...?

Easement

This type of easement generally transfers automatically when the dominant estate is transferred...?

Easement Appurtenant

An easement that benefits the dominant estate and "runs with the land" is known as a

Easement appurtenant

An easement created by the government or government agency that has exercised its right under eminent domain is known as what...?

Easement by Condemnation

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...?

Easement by Prescription

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

Easement by necessity

A utility easement is an example of what type of easement....?

Easement in Gross

An easement that benefits an individual or a legal entity, rather than a dominant estate is known as aEasement appurtenantEasement in grossEasement by necessityInvoluntary lienVoluntary lien

Easement in gross

A building, part of a building, or obstruction which intrudes upon or invades a highway or sidewalk or trespasses upon the property of another is known as what...?

Encroachment

A lien was placed against Mark's property for unpaid credit cards. What type of lien was placed against Mark's property...?

General Lien

An estate & inheritance tax lien is an example of what type of lien...?

General Lien

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.

A mechanic's lien is an example of what type of lien...?

Involuntary Lien

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

Involuntary lien

Which of the following is NOT an example of an easement....?

Judgment

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

Mechanic's Lien

City Roofers were hired by Anthony to replace the roof on his house. However, Anthony never paid City Roofers for the work they performed. As a result, City Roofer filed a lien against Anthony's house. What type of lien was filed against Anthony's house...?

Mechanic's Lien

A legal term that describes any of a category of rights held by one person to use land that is in the possession of another is known as what...?

Non-possessory

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.

What type of easement is common among adjoining condominium units...?

Party Wall

License

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

The intent and right of a person to occupy and/or exercise control over a particular plot of land is known as what...?

Possessory

A servient tenement is also known as what...?

Servient Estate

Mark grants his neighbor a right of way easement to cross his property. In this scenario, Mark is known as what...?

Servient Estate

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.

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

Specific Lien

A lien imposed by law upon a property to secure the payment of taxes is known as what...?

Tax Lien

Michael has not paid State taxes in over 4 years. What type of lien may be placed on Michael's property for unpaid taxes...?

Tax Lien

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.

Which of the following will describe any easements on a property...?

Title Report

Anthony took out a second mortgage on his house to help pay for this son's college tuition. What type of lien did Anthony file against his house...?

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, is known as a

Voluntary lien