Chapter 3.C

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 Lein

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

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.)

Dominant Tenement

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

Easement

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

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.

A right to cross or otherwise use someone else's property for a specified purpose is known as what...? AEasement BAppurtenance CRight-of-way DEncroachment

Easement

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 is known as what...? AEasement by Implication BEasement by Grant CEasement by Necessity DEasement by Prescription

Easement by implication

Jesse owes Andrew $8,500 for Architectural services performed by Andrew. If Jesse is reluctant to pay, what might Andrew do in order to recover the money owed to him...? AFile a lien against Jesse's assets BFile an easement against Jesse's property CTake Jesse to Federal court DFile a complaint against Jesse

File a lien against Jesse's assets

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

General Lein

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

General Lein

A lien that results from unpaid water bills is an example of what type of lien...?

Involuntary Lein

Which of the following is an example of a voluntary lien...? A Mortgage B Tax Lien C Mechanic's Lien D Special Assessment Lien

Mortgage

What is a common easement found in townhouses and row houses...?

Party Wall

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

Possessory

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

Servient Estate

A parcel of real property that is encumbered by an easement of a dominant estate is known as what...?

Servient Tenement

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 legal document used to make the claim of one party junior to (or inferior to) a claim in favor of another is known as what...?

Subordination Agreement

What type of lien takes priority over all other liens...? ATax Lien BMortgage Lien CMechanic's Lien DSpecific Lien

Tax Lien

Possessory

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