Chapter 5 EASE/LIENS Flashcards
EASEMENT
A right to use someone rlse’s real property; they are irrevocable and creates a non-possessory interest in the property.
 Non-possessory interest
A claim or right to property without the right to possess the property
Right of way
An easement that grants access to property
Encumbrance
A non-possessory interest in property; a lien easement or restrictive covenant burdening a title.
EASEMENT IN GROSS
An easement that benefits a person or company, whoch is then referred to as adominant tenant, not a piece of land. The burdened land is called servient tenement.
Easement Appurtenant
Two seperately deeded parcels of land that are owned by different parties. One piece of land is burdened, servient tenement,for the benefit of the other piece of land, dominant tenement.
Appurtenance
Rights that go along with real property above and beyond surface/bundle rights.
Encroachment
A physical object intruding onto a neighbors property. Example a tree limb encroaching on another person’s property or a driveway or fence covering a neighbors land.
Easement by express Grant
A landowner divides land, and includes deed language, so the seller retains an easement across their former land. Can be stated in deed transfer or a separate document conveying the easement.
Easement by implication
An existing easement on divided land , which has not been established or recorded by law, illustrated by longstanding reasonable use,
Easement by necessity
A special easement that arises if land would be completely useless without the easement, even if there is no long-standing apparent use.
Easement by prescription
Open notorious hostel and adverse use of another person’s land for a specific time as indicated by state law.
Easement by condemnation
Government police power of Eminent domain
Party wall easement
When a wall is shared between two connected properties, ownership of the wall is split between the two and each has an pertinent easement in the other half of the wall. Because they’re each equally burdened by the wall being there because they both have to take care of it so if it’s ugly if your wall is ugly on your side and you have to and you can’t fix it without having any burdening the other side too bad, they have to be burdened, that’s a share in the cost of replacing the wall if your wall was so ugly on your side and you couldn’t just like if it was like made out of stucco or something you can just resurface it he wanted to replace it and we would have to bear half of the cost of the wall.
Termination of easements
Release (document all parties sign releasing easement holders interest in the property)merger( unification of two formerly separately owned properties), abandonment( failure to occupy and use property resulting in loss of rights expressed by a specific act or statement), prescription (ten years of non-use), failure/expiration of purpose, court action 
Lien
A non-possessory interest in property, giving a lienholder the right to foreclose if the owner does not pay a debt owed; a financial encumbrance on the owners title.
Voluntary Lien
A lien placed on property with the consent of the owner.
Mortgage
A written instrument and voluntary, specific lien, that uses real property to secure payment of a debt; represents a potential transfer of title to the mortgagee in case of default
Involuntary Lien
A lien placed on property without the consent of the owner.
LIEN
A financial interest in property existing as security for a debt that gives the creditor or lienholder the right to foreclose on the debtors property if the debt is not paid.
Mechanic and materialman liens
Liens claimed by someone who performed work on real property and was not paid.
Tax Lien
A lien on personal property to secure the payment of taxes. All tax liens are involuntary and general. 
Judgment Lien
A lien placed against personal property established by a court finding/action.
Attachment Lien
Liens that prevent transfer of property pending the outcome of litigation. 
Adverse possession
When someone acquires the title to someone else’s real property through open notorious, hostile, and continuous use of it for a specific period of time, as determined by state law.
