Chapter 4 Flashcards
An easement that attaches to and runs with the property, regardless of the owner
Auppurtenant easement
Larger easements in place typically for utilities
Commercial easement
A restriction on the use of a property
Deed restriction
The party gaining the benefit of an easement over another piece of property, typically an appurtenant easement
Dominant tenement
Giving another entity, the right to access your property for a specific purpose
Easement
Due to eminent domain, the government has the right to take your property to put an easement in place for the benefit of the larger community
Easement by condemnation
An easement put into place by need such as an easement for a road needed to keep property from being landlocked
Easement by necessity
Granting a specific person a right of use on your property
Easement in gross
Getting out of the property
Egress
The government power to take private property and convert it into public use
Eminent domain
An action taken when another, such as a neighbor puts a structure that intrude on her over the owners land and boundary
Encroachment
A burden on title in other words, a temporary restriction on a property that can be removed when certain conditions are met
Encumbrance
A lien against multiple properties in which any of the properties can be used to satisfy the lien
General lien
Homeowners association
HOA
Getting into a property
Ingress
A lien placed on a particular property that gives a creditor the right to receive payment if a particular property is sold
Judgment lien
Property that cannot be reasonably access such as by a road
Landlocked
A charge or claim against a persons property made to enforce a monetary payment
Lien
Each party owns half of the improvement placed between the properties
Party wall easement
The states inherent right to regulate an individuals conduct or property to protect the health, safety, welfare and morals of the community
Police power
A set of restrictions put onto a group of properties to protect the value of the properties
Restrictive covenant
The right that the landholders have to make property productive
Right to use
The party granting the benefit of an easement on their property
Servient tenement
A lien tied to a specific property
Specifically lien
Easements are typically created with the deed through a title company and it is recorded that way
Easement creation
An easement created by a deed or will must be in writing
Express easement
An easement created by actions or use of property
Implied easement
Court ordered easement created by necessity or Condemnation
Legal action easement
Which ever Lien first gets first priority
Lien priority
Termination of an easement
Easement can be terminated just as they can be created
