Chapter 8 Encumbrances

When the dominant estate has used the servient estate property in an open, hostile, and continuous manner for a number of years, it may create a/an...?

-Easement by prescription

How can an easement be terminated?

All

Each of these could be considered an encroachment, except...?

Cement patio that extends up to the property line

Deed restrictions can be identified by...?

Conducting a title search (A title search will reveal if any deed restrictions are applied to a property.)

When improvements to real property intrude, unlawfully, onto another's adjacent property, what has occurred?

Encroachment

In order to remove a deed restriction, a homeowner would need to...?

Go to court for a judge's ruling.

Banks and mortgage lenders protect their interests with what type of lien?

Mortgage lien

What is the most common type of voluntary lien?

Mortgage lien

The type of easement that includes the right to restrict activity on or use of the property is called a/an...?

Negative easement

The word that describes the legal preference for how liens will be handled when the property is sold is called...?

Priority

What type of lien means that the lien is attached to a piece of real estate?

Specific lien

If a property has both a tax lien and a mortgage lien against it, which lien has priority (generally speaking)?

Tax lien (Remember, tax liens always take the highest priority among other liens. If a mortgage lien exists on a property and a tax lien is created, the tax lien will take first priority even though it was created after the mortgage lien.)

How long does an easement last?

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

In most cases, encroachments are...?

Unintentional

Which of the following is not required for a prescriptive easement?

lack of use of the land