Chapter 4 Mastering Real Estate: Encumbrances Flashcards
What is an encumbrance?
A charge, claim or liability on real estate.
What are the two kinds of encumbrances?
Only affect title - liens and judgments
Affect both title and physical condition- easements, encroachments, and deed restrictions
What is an easement?
The RIGHT to use someone else’s land.
What is an appurtenant easement?
They belong to the land and transfer with the title.
What is an easement in gross?
They are held by individuals and end on the death of either party.
What is a positive easement?
It allows a person to use another’s property for some stated purpose.
What is a negative easement?
It prevents an owner from using the property in some manner.
What six ways can an easement be created?
By written agreement By express grant in a deed By express reservation in a deed By condemnation By Prescription By necessity
What five ways can an easement be terminated?
Expiration Merger Agreement Abandonment Court Action
What is a license?
The privilege to use the land of another for a specific purpose.
What is an encroachment?
the unauthorized physical intrusion of a building or other form of property onto an adjoining property.
What is a spot survey?
Also called an improvement location certificate, it shows the location of property improvements and lot lines.
What are deed restrictions?
They are conditions/limits placed in a deed when property is transferred to a third party.
What are CC&Rs?
Placed in the deeds by developers, they affect a whole subdivision.
What is an appurtenant easement?
It allows the owner of a parcel of land to use the land next to it.
