10.4 Encumbrances

Lien

A claim against a property that provides security for the repayment of a debt or an obligation of the property owner.

Encumbrance

A claim, charge, or liability that attaches to, and is binding on real estate. A Right or interest held by a party who is not own the property.

Easement by voluntary grant

A grantor conveys the right to use the grantor's land to a grantee for the purpose of ingress and egress.

Restriction

A limitation on the use of the real property. Private agreements placed in the public records that affect the use of land

Easement

A right acquired by one party to use the land of another party for a special purpose.

Easement Appurtenance

A right of use in the adjoining land of another that moves with the title to the property benefiting from the easement.

Easement in Gross

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

Restrictive covenants are typically found in which of the following documents...? Mortgage Plot map Deed All of the above

Deed

This type of easement exists when a landowner has no access to roads and is landlocked...? Easement by necessity Easement appurtenance Easement in gross Easement by prescription

Easement by necessity

A claim, charge, or liability that attaches to, and is binding on real estate is known as a...? Prescription Rescission Encumbrance Novation

Encumbrance

Easement by Necessity

Exists when a landowner has no access to roads and is landlocked.

Dominant Tenement

Land benefiting from an easement appurtenant.

Servient Tenement

Land encumbered by an easement.

A claim against a property that provides security for the repayment of a debt or an obligation of the property owner is known as a/an...? Easement Grant Prescription Lien

Lien

-What can person who obtains a judgement for a lien on a property do with that lien? -Can they force sale of a property with the adjudicated lien?

Lienholders cannot force the sale of a property but can attach a lien on the property which means the lien must be satisfied prior to the sale of the property.

Easement by Prescription

Obtained by use of the land of another for the legally prescribed length of time.

What is another name for deed restrictions restricted covenants and why do they exist

Restricted covenants -Clauses in a deed limiting the future use of the property. They typically do this to preserve the land of its original design so that the value and enjoyment of adjoining land will be preserved.

A limitation on the use of real property is known as a...? Restriction Prescription Rescission Novation

Restriction

How might one obtain an easement?

To obtain an easement, one would have to negotiate with the homeowner, then draft a legal document, then send this document to the deeds clerk.