Ch 3 Section 2 Private Limitations on Title Flashcards
Encumbrances
Rights to the use and conveyance of property may be limited by individual as opposed to government
- any interest held by any person other than the owner
- restricts the use of property, reduces its value or both
2 general encumbrances
- Those affecting title
- those affecting the property physically
Private limitations on title that affect property physically include :
- deed restrictions
- encroachments
- easements
Deed restrictions
Private agreements contained in a deed, lease, or will restricting the use of occupancy of real property
- also referred to as covenants, conditions, and restrictions
Encroachments
unauthorized infringements on a property owners rights as a result of physical intrusion
Easement
legal right to enter upon another’s property
- an actual interest in land rather than just a contractual agreement