Chapter 3B: Legal Issues - Liens & Easements

Mortgage Lien

- a type of voluntary, specific lien. -the most common type of lien. -When a homeowner obtains a mortgage, they are granting the lender a mortgage lien on their property. If the mortgage is not paid, the lender may exercise the mortgage lien and demand full payment of the loan through the sale of the property (also known as foreclosure).

Common encroachments include:

-A fence that was partially built onto the neighbor's property. -A tree that has grown to cantilever over the property line. -A deck that was built slightly over the property line. -A garage or shed, part of which was built over the neighbor's property line.

Easement in Gross

-A right of use in the land of another without the requirement that the holder of the right own adjoining land. -Also known as a commercial easement in gross. -This type of easement is commonly used by utility companies.

Easement

-An easement is the right to cross or otherwise use someone else's property for a specified purpose. -An easement is a nonpossessory interest in land owned by another. -The common term for an easement is "right-of-way". -Easements "run with the land".

Encroachment

-An encroachment is a building, part of a building, or obstruction which intrudes upon the property of another. -In other words, a part of one's property crosses over the property line of an adjoining property

Types of easements

-Easement in gross -Easement by necessity -Easement by prescription -Easement by implication

Types of Liens

-Mechanic's Lien -Mortgage Lien -Tax Lien

Easement by Prescription

-Obtained by use of land without the owner's permission for a legally prescribed length of time. -In New York, the use must be open and obvious, and must continue uninterrupted for 10 years.

Easement by Implication

-This type of easement arises by implication from the conduct of the parties. -For example, if a landowner sells mineral rights to a company, that company has an easement by implication to go onto the property to do mining.

Tax Lien

-When a taxpayer is delinquent in paying property taxes, a tax lien attaches against the property. -A tax lien takes the highest priority among other liens (even higher than a mortgage lien).

Mechanic's Lien

-a type of involuntary, specific lien. -this type of lien applies to individuals or companies who have "supplied labor or materials that improve a property". -For example, a roofing contractor does not get paid for work performed on a person's property, they may file a mechanic's lien against the property.

Liens

A lien is a claim or charge against the property of another.

Easement by Necessity

Used when a property owner is landlocked and needs to cross an adjacent property to get access to their property.