Chapter 5 - Easements and Liens

Question 1

Adverse Possession

Answer 1

Title by prescription - similar to easement by prescription, but actual title is required. Requires 10 years of open and hostile, notorious and hostile continuous use. Court must make decision to transfer title.

Question 2

Dominant Tenement

Answer 2

Person, company or land benefitting from an easement.

Question 3

Easement

Answer 3

Right to use another person’s property for a particular purpose

Question 4

Easement Appurtenant

Answer 4

Involves two separate parcels of land owned by different parcels of land where one is burdened for the benefit of another. Affirmative (allows someone to do something, like cross property to reach own property with no road access) or negative (prevents someone from doing something like damming a stream). Right goes with the land ownership.

Question 5

Easement by Condemnation

Answer 5

Government’s power of eminent domain - impose easements for future roadways, utilities, rights of way, etc. for just compensation to servient tenement.

Question 6

Easement by Express Grant

Answer 6

Deed language so seller retains easement across former land.

Question 7

Easement by Implication

Answer 7

Create by law when land is divided, long-standing apparent use necessary for enjoyment. Landowner sells portion of land that contains driveway to house on the portion of land they retain.

Question 8

Easement by Necessity

Answer 8

Special easement if land would be completely useless without easement. EX: landlocked property.

Question 9

Easement by Prescription

Answer 9

Created by open and notorious, hostile and adverse use of another person’s land. 10 years by NY State Law - does not convey title.

Question 10

Easement for Light and Air

Answer 10

Negative appurtenant easement - dominant tenement can prevent servient tenement from doing something because it impacts access to view and/or light. Generally not recognized by NY State law.

Question 11

Easement in Gross

Answer 11

Involves specific parcel of land and benefits a person or company, not a piece of land. Most common for commercial purposes by government and public utilities (power lines, sewers). Belong to company and can be assigned.

Question 12

Encroachment

Answer 12

Physical object intruding into a neighbor’s property.

Question 13

Encumbrance

Answer 13

Burdens real property owner’s title - easements and liens.

Question 14

General Lien

Answer 14

Lien attached to all property, personal and real

Question 15

Involuntary Lien

Answer 15

Placed to protect a landowner’s creditors without their consent.

Question 16

License

Answer 16

Temporary, revocable, non assignable permission to enter another’s land for a particular purpose. Unlike an easement, it doesn’t create an interest in property and is not an encumbrance - temporary, can be oral, revocable, cannot be assigned.

Question 17

Lis Pendens

Answer 17

Notice of pending suit/foreclosure.

Question 18

Mechanic’s Lien/Materialman’s Lien

Answer 18

Placed by people who worked on real property and weren’t paid - mechanic’s lien is for labor, material man’s is for materials.

Question 19

Mortgage

Answer 19

Written instruments that use real property to secure payment of a debt - title transfers to mortgagee in event of default.

Question 20

Nonpossessory Interest

Answer 20

Interest in property that does not include right to possess and occupy property - easements and liens!

Question 21

Party Wall Easement

Answer 21

Wall shared between two connected properties - ownership is split, and each has appurtenant easement over the other half of the law. Expressed in writing, each owner shares interest in building and maintenance of wall.

Question 22

Right of Way

Answer 22

Easement that grants access to a property

Question 23

Servient Tenement

Answer 23

Burdened land in an easement.

Question 24

Specific Lien

Answer 24

Attaches only to specific property.

Question 25

Subordination Agreement

Answer 25

Lender voluntarily puts its lien in a lower order of priority - done if they’re sure the property is worth enough to pay off mortgage and additional liens.

Question 26

Tax Lien

Answer 26

Secure payment of taxes. Property tax liens are superior to all others, and IRS Federal Tax Lien may be able to jump ahead of all others except Property Tax Lien.

Question 27

Voluntary Lien

Answer 27

Placed with consent of owner - mortgage.

Question 28

Judgment Lien

Answer 28

Liens through court action (lawsuit).

Question 29

Attachment Lien

Answer 29

Prevent transfer of property pending out coming of litigation - defendant could sell all property, making judgment/liens worthless because there’s no property left.