Chapter 3B Liens and Easements

Question 1

Appurtenances

Answer 1

Something which is outside property itself but belongs to the land and adds to its greater enjoyment such as a right-of-way or a barn or a dwelling.

• general right to a property, that belongs to a property.(bundle of sticks - air & light, subsurface, water, licensure, profit)

Question 2

Dominant Tenement

Answer 2

A parcel of real property that has an easement over another piece of property (the servient estate).

• property that is benefiting from an easement

Question 3

Easement

Answer 3

A right to cross or otherwise use someone else’s property for a specified purpose.

-right to use but not own property

Question 4

Easement Appurtenant

Answer 4

An easement that benefits the dominant estate and “runs with the land”. In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred.

Question 5

Easement by Condemnation

Answer 5

An easement created by the government or government agency that has exercised its right under eminent domain.

Question 6

Easement by Grant

Answer 6

The creation of an easement by one party expressly transferring the easement to another party.
- Written

Question 7

Easement by Implication

Answer 7

An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.

Question 8

Easement by Necessity

Answer 8

Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

Question 9

Easement by Prescription

Answer 9

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Question 10

Easement for Light and Air

Answer 10

A type of negative easement. This easement prevents an adjoining land owner from building any structure that would obstruct the passage of light or air from reaching the dominant land.

Question 11

Easement in Gross

Answer 11

An easement that benefits an individual or a legal entity, rather than a dominant estate.

Question 12

Encroachment

Answer 12

A building, part of a building, or obstruction which intrudes upon or invades a highway or sidewalk or trespasses upon the property of another.

Question 13

Encumbrance

Answer 13

Any right to or interest in the land interfering with its use or transfer, or subjecting it to an obligation.

Question 14

General Lien

Answer 14

A lien that attaches to all personal and real property of a person or firm.

Question 15

Specific Lien

Answer 15

A lien that only binds to a specific asset or property.

Question 16

Involuntary Lien

Answer 16

A lien imposed against property without consent of the owner, e.g., taxes, special assessments.

Question 17

Voluntary Lien

Answer 17

A contractual or consensual lien that is created by an action taken by the debtor, such as a mortgage loan to buy real estate.

Question 18

License

Answer 18

Permission granted by a party to another party as an element of an agreement between both parties.

Question 19

Lis Pendens

Answer 19

A legal document, filed in the office of the county clerk giving notice that an auction or proceeding is pending in the courts affecting the title to the property. (Not applicable in commission disputes.)

Question 20

Mechanic’s Lien

Answer 20

A security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.

Question 21

Mortgage

Answer 21

An instrument in writing, duly executed and delivered, that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Question 22

Party Wall

Answer 22

A wall built along the line separating two properties, partly on each, which wall either owner, the owner’s heirs and assigns has the right to use; such right constituting an easement over so much of the adjoining owner’s land as is covered by the wall.

Question 23

Possessory

Answer 23

The intent and right of a person to occupy and/or exercise control over a particular plot of land.

Question 24

Non -Possessory

Answer 24

A term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.

Question 25

Right-of-Way

Answer 25

The right to pass over another’s land pursuant to an easement or license.

Question 26

Servient Tenement

Answer 26

A parcel of real property that is encumbered by an easement of a dominant estate.

Question 27

Subordination Agreement

Answer 27

A legal document used to make the claim of one party junior to (or inferior to) a claim in favor of another.

Question 28

Tax Lien

Answer 28

A lien imposed by law upon a property to secure the payment of taxes.