Chapter 8 encumbrances

lien

A form of encumbrance which usually makes specific property security for the payment of a debt or discharge of an obligation.

Judgment Lien

A legal claim on all of the property of a judgment debtor which enables the judgment creditor to have the property sold for payment of the amount of the judgment.

Mechanic's Lien

A lien created by statute which exists against real property in favor of persons who have performed work or furnished materials for the improvement of the real property.

Involuntary Lien

A lien imposed against property without consent of an owner.

tax lien

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

general lein

A lien on all the property of a debtor.

Specific Lien

A lien that attaches to one specific property only.

Dominant Tenement

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

servant

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

Easement

A right, privilege or interest limited to a specific purpose which one party has in the land of another.

How long does a easement last? A, they run with the land, so they transfer with the property B. they end when the property is sold C. 99 years D. they end at the property owners death

A, they run with the land, so they transfer with the property

What does the lienholder have when a lien is filed? A. A claim to a portion of the property's value B.A Finacial obligation C.A lessee's interest D.Responsiblity for property upkeep

A. A claim to a portion of the property's value

Which of the following is a requirement to create an easement by prescription? A. All of the answer choices provided are correct B. Hostile use of the servient estate C.continious use of the servient estate D.open use of the servient estate

A. All of the answer choices provided are correct

Tax liens may be filed for unpaid...? A. All of the following choices are correct B. Property taxes C.Federal income taxes D.State income taxes

A. All of the following choices are correct

A lien that is not tied to a specific piece of real estate is called a ..? A. General lien B. Non-specific lien C.Statutory lien D. Tax lien

A. General Lien

When one neighbor has been improperly using another neighbor's property for a long time, it is possible that the court could find...? A. adverse possession B. express encroachment C.encroachment by prescription D.adverse encroachment

A. adverse possession

How can an easement be terminated? A. All of the answers are correct B.the easement is released in writing C.the dominant and servant estates are combined D.the easement owner abandons the easement

A. all of the answers are correct

An easement that gives a landlocked parcel access to a public road is an example of an..? A. easement by necessity B.easement in perpetuity C.easement for travel D.accessbility easement

A. easement by necessity

If a property owner who just decided to live with a neighbor's encroachment later decides to sell their house, they must..? A. fully disclose the encroachment to potential buyers B.go to court to establish a prescriptive easement C. modify or move the encroaching structure or fence D. purchase the parcel that is encroaching on their property

A. fully disclose the encroachment to potential buyers

Which of the following is not required for a prescriptive easement? A. lack of use of the land B.open use of the land C.notorious use of land D. hostile use of land

A. lack of use of the land

What is the most common type of voluntary lien? A. mortgage lien B. tax lien C.equitable lien D.mechanic's lien

A. mortgage lien

A court may create this type of easement if an encroachment was open, notorious, hostile, and continuous for a period of years? A. prescriptive easement B.encroachment easement C.adverse easement D.implied easement

A. prescriptive easement

If a property has both a tax lien and a mortgage lien against it, which lien has priority (generally speaking)? A. tax lien B.Mortgage Lien C.They have equal priority D. Whichever lien was filed first

A. tax lien

How long do deed restrictions last? A. they are permanet B. 10 years from filing date C.10 years from creation D.99 years

A. they are permanent

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 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.

encroahment

An unlawful intrusion onto another's adjacent property by improvements to real property, e.g., a swimming pool built across a property line.

voluntary lien

Any lien placed on property with consent of, or as a result of, the voluntary act of the owner.

encumbrance

Anything which affects or limits the fee simple title to or value of property, e.g., mortgages or easements.

Easement of 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.

Deed Restrictions

Limitations in the deed to a property that dictate certain uses that may or may not be made of the property.

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.

Covenant, Conditions and Restrictions (CC&Rs)

The basic rules establishing the rights and obligations of owners of real property within a subdivision or other tract of land in relation to other owners within the same subdivision or tract and in relation to an association of owners organized for the purpose of operating and maintaining property commonly owned by the individual owners.

Easement by Grant

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

Priority of Liens

The order in which liens are given legal precedence or preference.

What happens if the dominant and servient estates with an existing easement are combined? a. easement is terminated B. easement runs with the new parcel C. easement by prescription is created D.easement appurtenant is created

a. easement is terminated