Real Estate Section 4

easement holder

(the person who has the easement) has a nonpossessory interest in that other person's property. has a legal right to use the other person's property in some specific, limited way, but doesn't have the right to take possession of the property as an owner or a tenant would.

lien

A ___________ is a financial encumbrance because the person who holds a _______ (the _________) has a financial claim against the property owner. It makes the property security (or collateral) for the debt. It is a security interest that gives the lienholder the power to foreclose, forcing the sale of the property so that the debt can be paid. either voluntary or involuntary, and either specific or general.

homestead exemption

A ________________ is an owner-occupied dwelling.In Washington, up to $125,000 of the value of a ________________ is automatically protected against foreclosure of judgment liens A judgment creditor can foreclose on a ________________ if the property's net value (not gross value) is greater than $125,000

secured creditor

A creditor who has a lien against one or more pieces of the debtor's property is called a ____________ ___________ gives the creditor a hold over the debtor's property, so that the debt can be collected out of that property if need be.

beneficiary

A deed of trust lender is called the __________________

An easement is created by express reservation when a landowner divides her property and sells the servient tenement, reserving an easement for herself in the deed. OK

A grantor is conveying the half of her land that's next to the street, and she needs to create an access easement for herself.

Express Grant

A property owner can create an easement expressly; that is, by putting the grant into words. This must be done in writing.The grantee should have the deed or other document recorded.

express reservation

A property owner who is transferring part of his property to someone else may reserve an easement against the parcel he's selling for the benefit of the property he's keeping.

Involuntary Lien

A statutory lien is an _______________ __________

easement appurtenant

A/an _______________ burdens one parcel of land for the benefit of another parcel of land.

Running with the land

An easement appurtenant runs with the land.This means that its burden and its benefit are passed along to the subsequent owners of the servient and dominant properties.

B A court may find that an easement by necessity (or easement by implication) has been created if the easement is reasonably necessary for enjoyment of the property, and if there was apparent prior use. This may occur where a grantor divides a property into more than one lot, but forgets to grant or reserve an easement for the benefit of one of the lots. A court-created easement doesn't necessarily run with the land, which means the easement might not be appurtenant.

An easement for ingress and egress that is created by a court of law where it is reasonably necessary for the enjoyment of the property is an easement: Select your answer below: A.appurtenant B.by necessity C.by prescription D.in gross

failure of purpose

An easement is a right to use another's property for a particular purpose, and if that purpose no longer exists, neither does the easement

Dedication

An easement is created by _______________ if a private owner donates easement rights to the government. Long-term public use can result in implied dedication, and the government won't be required to compensate the private owner.

D A prescriptive easement requires a use that is open and notorious, which means that it must be obvious enough to put the landowner on notice that someone else is using his land. Someone establishing an easement by prescription is not expected to find out whether the true owner is living on the property, what his limitations are, or whether he is actually aware of the prescriptive use. The rule only requires actions that would be enough to put the typical owner on notice that his property interest is threatened.

Carl is housebound and never goes outside. Neighbor Salvador plants a vegetable garden on a corner of Carl's property that is not visible from the main house. After the required period of time, Salvador claims a prescriptive easement over this portion of Carl's land. This easement is: Select your answer below: A.not valid, because Salvador had a duty to inform Carl of his intended use B.not valid, because Carl didn't know of the use and had no chance to formally object C.valid, because Salvador's vegetable garden is a productive use of the land D.valid, because the use was open, and Carl's knowledge of the use isn't considered

satisfaction of judgment

Conversely, if the judgment is paid off, the judgment debtor should record a document known as a _____________ __ ________________ so that there is constructive notice that the lien no longer is in effect.

Construction Lien Priority

Established by the date the claimant began working on or supplying materials for the project

two basic requirements for an easement by implication

First, the easement must be reasonably necessary for the enjoyment of the dominant tenement. Second, there must have been apparent prior use at the time of the sale.

IRS lien

General involuntary lien attaches to everything the taxpayer owns, not just to a specific piece of property created by income tax, failure to pay federal income taxes

easement by necessity

However, if no prior use is apparent, a court may still declare an easement if it is strictly necessary because there is no other way to reach a landlocked parcel. In this case, it may be known instead as an

attractive nuisance doctrine

If a property has a feature that is dangerous and attractive to children, the owner will be held liable for any harm resulting to trespassing children. unfenced swimming pool.

attachment lien

If the court grants the plaintiff's request, the writ will be recorded to create an _______________ ________ against the defendant's property pending the outcome of the suit In a lawsuit, the plaintiff may request an ______ _________ against the defendant's property.The lien prevents the defendant from selling the property during the trial to avoid paying any judgment the plaintiff might win.

merger

If the dominant and servient properties come to be owned by the same person, the easement terminates by

writ of execution

If the judgment is not paid off, the court may order that the debtor's property be sold in order to satisfy the judgment.

surplus

In a foreclosure, there may be a ___________ left over after the proceeds have been used to pay foreclosure costs and all of the liens against the property. The ____________ belongs to the debtor.

writ of attachment

In a lawsuit, if the plaintiff is concerned that the defendant might try to sell any property that could be subject to a future judgment, the plaintiff can ask the court to issue a _______ of _____________ provides public notice of the lawsuit, so that anyone who bought the property from the defendant would take title subject to the plaintiff's lien

Abandonment

Janet builds a fence that blocks her use of an easement she no longer needs.

deed of trust

Like a mortgage, a ________ ___ __________ is a voluntary, specific lien that makes the property security for a loan. The key difference between a mortgage and a ___________________ concerns the method of foreclosure.

B Moe is the dominant tenant and Moe's land is the dominant tenement (estate), benefited by the easement. Ray is the servient tenant and Ray's land is the servient tenement (estate), burdened by the easement.

Moe has an appurtenant easement over Ray's land. Ray's land is called a/an: A.dominant estate B.servient estate C.encroachment D.license

declaration of restrictions or CC&Rs

Most often, private restrictions are imposed by the developer of a residential subdivision. The developer draws up a stands for covenants, conditions, and restrictions—all three terms basically mean the same thing: they are rules governing the homeowners. includes a reference to them in the first deed for each lot in the subdivision. establish certain standards for the subdivision that will help maintain property values. They give homeowners a way to prevent their neighbors from doing certain things that could have a negative effect on the subdivision.

deed restrictions//restrictive covenants.

Often an owner imposes restrictions when transferring title to someone else. The new restrictions may be stated in the deed. For this reason, private restrictions

First to record rule

Property tax liens and special assessment liens are superior to all other liens against the property, even liens that were recorded before the tax and assessment liens attached.

Statute of Frauds

Since an easement is an interest in property, the grant of an easement must be in writing and signed by the grantor. This is a requirement of the law known as the A document creating an easement usually must fulfill the same requirements as a valid deed. should always be recorded to provide public notice of the easement. Otherwise the easement holder might not be able to enforce his easement rights against someone who bought the servient tenement unaware of the easement.

profit

Someone who has a __________ has the right to enter and take something away from someone else's real property. A __________ is a nonfinancial encumbrance, an interest in real property.

Tax liens

Taxation results in various types of involuntary liens. Property tax liens and special assessment liens are specific liens against the taxed property.IRS liens are general liens against all of the delinquent taxpayer's property.

Lienholder

The ____________ is one of the owner's creditors.

dominant tenant

The _______________ is the individual who benefits from the existence of an easement.

dominant tenement

The easement is appurtenant to the _______________.

release

The holder of an easement may agree to ____________ her interest, thus terminating the easement. A written ____________ is required; usually the dominant tenant signs a quitclaim deed in favor of the servient tenant, and the servient tenant records the deed. It no longer encumbers the title to the servient property.

servient tenement.

The land burdened by the easement is the

dominant tenement

The land that receives the benefit of the easement

mortgagee

The lender is the __________

Mortgagor

The owner is referred to as the ___________

construction lien

The priority of a ________ _____________ is determined by the date the claimant began working on the property.

lien priority

The rules of ________ _____________ determine how the proceeds of a foreclosure sale will be applied if they are insufficient to pay off all the liens against the property. The ________ _____________ of mortgages and deeds of trust is generally established by recording date. 'First in time is first in right.'

prescription

The servient tenant builds a fence that prevents the dominant tenant from using the easement. The fence remains in place for the statutory period of time.

Here are the requirements for obtaining an easement by prescription.

The use must be open and notorious (conspicuous enough to put the owner on notice). The use must be hostile (without the owner's permission). The use must be reasonably continuous for the length of time required by statute (in Washington, ten years).

condemnation

Through the ______________ process, the government can force a private property owner to grant it an easement.The easement must be needed for a public purpose, and the government must compensate the private owner.

lis pendens

When a lawsuit that may affect title to property is pending, the plaintiff may record A _____ __________ is not a lien. Instead, it is a legal document that notifies anyone who purchases the affected property about the pending lawsuit. The new owner would then be bound by any judgment resulting from the lawsuit.

Financial encumbrances

__________ _____________ are also called liens. A mortgage is the most familiar example.

Nonfinancial encumbrances

____________ ________________ include easements and private restrictions. ie.. deed restrictions

A judgment lien

_____________ __________attaches to the property of someone who loses a lawsuit and is ordered to pay damages. (This person is referred to as the judgment debtor.) If the judgment debtor doesn't pay off the lien, the court can issue a writ of execution ordering the sale of the property. attaches automatically to all property owned by the judgement debtor in the county where the lawsuit took place lasts until it is paid, or until it expires In WA, the lien expires ten years after the judgement was entered & if the debtor acquires additional property the lien can also attach to that new property is an involuntary, general lien held by someone who was awarded a judgment in a lawsuit.It attaches to all of the judgment debtor's property in the county where the judgment was entered, or where an abstract of judgment is recorded.

A construction lien // mechanic's lien // materialman's lien

______________ ______________is a specific lien, attaching only to the property where the lien claimant performed construction work or supplied materials. If the property owner doesn't pay for the labor or materials, the lienholder can foreclose on the property to collect the debt. are set forth in a state statute that imposes strict time limits. A claimant must record the claim of lien no later than 90 days after the claimant has stopped working on or providing materials for the project. eight months to process foreclosure is an involuntary, specific lien that can be claimed by someone who provides labor or materials for improvements on real property.

Encumbrances

____________________ are nonpossessory interests in real property—interests that don't include ownership or possession of the property. nonpossessory right that is held by someone other than the property's owner. It can affect the title to or the use of the property. held by someone other than the property owner. It is either a financial burden or a nonfinancial burden on the property owner's title.

specific lien

a ________ ______ is one that attaches only to a specific piece of property, not to everything the debtor owns. mortgage attaches to particular piece of property the borrower offers as security for the loan Homeowners association dues are another type

Voluntary liens

are liens the property owner agrees to in a contract: a mortgage or deed of trust lien.

An easement by implication

arises when part of a larger property is sold and the seller fails to grant or reserve an express easement. must be reasonably necessary, and there must have been apparent prior use at the time of sale.

Homestead protection

begins automatically when the homeowner moves into her home.

easement in gross

benefits a particular person or entity rather than a parcel of land. Some easements aren't appurtenant rights. Instead, they're personal rights, not tied to ownership of a parcel of land

easement appurtenant

burdens one piece of land for the benefit of another piece of land. increases the value of, the benefited property. runs with the land. In other words, it ordinarily continues to exist even after title to either of the properties changes hands. it might run with the land even without being written or recorded.

easement by prescription—also called a prescriptive easement.

established by long, continuous use of someone else's property without the owner's permission. This is similar to the process of gaining title to property through adverse possession.

abstract of judgement

if the judgement debtor owns property in a country outside the one where the lawsuit took place, the judgement creditor can obtain a lien against all of that property

Special Assessment

is a tax levied against properties that benefit from a public improvement, such as the paving of a street or the installation of sewer lines. creates an involuntary, specific lien against each of those properties. Any owners who fail to pay the special assessment bill may face foreclosure.

mortgage

is a voluntary, specific lien.It is created by contract between the property owner and a lender when the property is offered as security for a loan.

An easement by prescription

is created through long-term use of property without the owner's permission.

express grant

is created when a property owner executes a document granting someone else an easement on her property. The owner deliberately makes her property into a servient tenement.

prescription

is not only a way in which easements may arise, it's also a way in which they may terminate. Sometimes a servient tenant takes action to prevent the dominant tenant from using the easement. If this effort is successful for long enough (ten years, in Washington), the easement is terminated by

license

isn't an encumbrance, and it doesn't create an interest in real property. As a result, unlike an easement, a license doesn't have to be created in writing. can simply be a landowner's verbal permission to use his property

tax liens property

liens and special assessment liens are exceptions to the 'First in time' rule. They are superior to all other liens.

Private restrictions

limit what a property owner can do with the property. run with the land and are binding on all subsequent owners. are also called deed restrictions or restrictive covenants.

property tax lien // ad valorem tax lien

most common type of involuntary lien, created by general real estate taxes specific lien, attaching only to the piece of property that has been taxed

Homestead Law

provides homeowners with some limited protection against lien foreclosure dwelling occupied by the owner, plus the land and any outbuildings appurtenant to the dwelling. automatic, from the day they move into their home creates an exemption against the foreclosure of most judgment liens; however, it doesn't protect against the foreclosure of voluntary liens (mortgages and deeds of trust). If a judgment creditor forecloses her lien, a certain amount of the homeowner's equity in the homestead property is exempt from the claim. In Washington, the exemption amount is $125,000. This means a judgment creditor can't foreclose on a homestead unless the property's net value is more than $125,000. The net value is the market value minus the total amount of the senior liens—those that have higher priority than the lien being foreclosed on. Homestead laws are state-level laws that give limited protection against foreclosure of judgment liens. Generally, foreclosure is not allowed unless the net value of the property exceeds the homestead exemption amount.

"apparent prior use"

requirement ensures that the owner of the servient tenement had good reason to expect that the owner of the dominant tenement would use the existing access route for ingress and egress.

easement

right to use someone else's land for a particular purpose right to use someone else's real property for a limited purpose.

commercial easement in gross

rule preventing assignment of an easement in gross is held by a company for business purposes, rather than by an individual for personal purposes. utility easement, which allows a utility company to enter someone's property to install and repair utility lines. in gross may be assigned from one entity to another.

abandonment

the easement holder (the dominant tenant) must do something that indicates an intent to stop using the easement forever