Key Terms- Chapter 3B

General Lien

A lien that attaches to all personal and real property of a person or firm.

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.

A utility easement is an example of what type of easement....? A- Right of Way Easement B- Easement in Gross C- Affirmative Easement D- Negative Easement

B- Easement in Gross

Kevin has not paid his car loan in over six months. As a result, a lien was placed against his assets. What type of lien was placed against Kevin's assets...? A- Specific Lien B- General Lien C- Voluntary Lien D- Service Lien

B- General Lien

In a negative easement, which estate has the right to restrict the use of a property...? A- Encumbered Estate B- Servient Estate C- Provider Estate D- Dominant Estate

D- Dominant Estate

A mechanic's lien is an example of what type of lien...? A- Voluntary Lien B- General Lien C- Service Lien D- Specific Lein

D- Specific Lein

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.

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.

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.

Mark grants his neighbor a right of way easement to cross his property. In this scenario, Mark is known as what...? A- Servient Estate B- Dominant Estate C- Encumbered Estate D- Provider Estate

A- Servient Estate

A mortgage is an example of what type of lien...? A- Specific Lien B- General Lien C- Involuntary Lien D- Tax Lien

A- Specific Lien

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, this easement 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 judgment lien is an example of what type of lien...? A- Specific Lien B- General Lien C- Voluntary Lien D- Debt Lien

C- General Lien

A notice of pendency is an example of what type of lien...? A- Voluntary Lien B- General Lien C- Specific Lien D- Debt Lien

C- Specific 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.

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.

License

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

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.

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.