Ch 6 Section 2 Leins and Easements Flashcards

1
Q

Easements

A

Are legally enforceable rights to the limited use of another’s land

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2
Q

Lien

A

An encumbrance on title to real estate
- legal right that a creditor has over a debtor’s real and/or personal property that serves as security for repayment of a debt

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3
Q

When dealing with liens as encumbrances affecting title, it is necessary to consider:

A
  • priority of liens
  • satisfaction of liens
  • enforcements of liens
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4
Q

3 General classifications of liens

A
  • general or specific
  • voluntary or involuntary
  • statutory or equitable
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5
Q

General lien

A

Directed against the individual debtor and therefore attaches to all of his property, both personal and real

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6
Q

Voluntary lien

A

Is one entered into by agreement of the parties

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7
Q

Involuntary lien

A

Created by operation of law

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8
Q

Statutory lien

A

A lien that is established by or results from laws passed by the legislature

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9
Q

Equitable lien results from:

A
  • A private, written contract that shows an intention to pledge property as security for a debt
  • a court decision based on English common law and sense of fairness
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10
Q

Common types of liens

A
  • Property tax
  • Special assessment
  • Federal tax
  • Mortgage
  • Vendor
  • Vendee
  • Mechanics
  • Judgement
  • Attachment
  • Lis pendens
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11
Q

Property Tax Lien

A

Are specific, statutory, involuntary , liens filed against real property at the beginning of each tax year

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12
Q

Special Assessment

A

Are specific, statutory, usually involuntary liens filed against those real properties that will benefit from a proposed public improvement

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13
Q

Federal Tax

A

Are general, statutory, involuntary liens imposed for non-payment of federal estates taxes, federal income taxes, or payroll taxes.

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14
Q

Personal easements in gross

A

personal in nature and do not attach to any particular piece of land

  • Attaches to a person
  • not assignable
  • servient estate only
  • does not survive death or sale
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15
Q

Mortgage

A

specific, equitable, voluntary liens filed by mortgage against a piece of real property that has been pledge collateral for repayment of a debt.

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16
Q

Vendor

A

Specific, equitable, voluntary liens filed by a mortgagee against a piece of real property that has been pledge as collateral for payment of a debt

17
Q

Mechanic

A

Specific statutory, involuntary, liens lied against real property by material men or mechanics (laborers) who have supplied materials for or, worked on, improvements, repairs, or maintenance of real property.

18
Q

Judgment

A

general, statutory, involuntary liens that attach to a debtors real and personal property.

19
Q

Attachment

A

Legal process involving the seizure of a defendants real and personal property and holding it in the custody of the court as security, while a lawsuit is being decided.

20
Q

Lis piden

A

an action pending

21
Q

Vendor

A

Specific, equitable, voluntary liens filed by a mortgagee against a piece of real property that has been pledge as collateral for payment of a debt

22
Q

Easements

A

Legally enforceable right to use another’s land for some particular purpose, for an ongoing period of time

23
Q

What are the 3 classifications of easements

A
  • easements appurtenant
  • personal easements in gross
  • commercial easements in gross
24
Q

Dominant

A

The owner whose land is being used burdened by the easement and is said to hold the servient estate

25
Q

Commercial Easements

A

gross are property rights held by a business entity

  • attaches to company
  • usually assignable
    -servient estate only
  • survives death or sale
26
Q

Easements may be created by:

A

-Express grant
- Express reservation
- necessity
- implication
- prescription
- agreement
- condemnation

27
Q

Express grant easement

A

Created in writing by the land owner over his own land.

28
Q

Express reservation

A

Easement may be created by express reservation when a landowner sells a portion of his property to another but reserves an easement over the sold land by lacing a reservation in the deed.

29
Q

Easements appurtenant

A

give the right of one land owner to use the property of an adjoining landowner for a specific purpose

  • attaches to land
  • adjoining to land
  • dominant & servient estates
  • survives death or sale
30
Q

Easement of necessity

A

Created by operation of law rather than by a formal written agreement.

31
Q

Prescriptive easement

A

Right acquired by an adverse user

32
Q

An easement may be created by :

A

A written agreement

33
Q

Easements are terminated

A
  • The necessity for the easement no longer exits
  • the dominant a servient estates are merged
  • the easements owner (dominant estate) release servient estate
  • dominant estate is abandoned
  • servient estate is destroyed and court terminates it