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WY Real Eatate > Chapter 5 - Encumbrances and Liens > Flashcards

Chapter 5 - Encumbrances and Liens Flashcards

1
Q

Easements and encroachments are types of

A

encumberances

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2
Q

A court might grant an easement by prescription if

A

an intruder has been using an owner’s property for a certain period with the owner’s knowledge but without permission

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3
Q

Types of junior liens

A

-federal income tax liens
-state corporate income tax liens
-state intangible tax liens
-judgment liens
-mortgage liens
-vendor’s liens
-mechanic’s liens

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4
Q

Types of superior liens

A

-real estate tax liens
-special assessment liens
-federal estate tax liens
-state inheritance tax liens

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5
Q

A court renders a judgment which authorizes a lien to be placed against the defendant’s house, car, and personal belongings. This is an example of a

A

general judgment lien

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6
Q

The lienee in a lien is the

A

owner of the property that is subject to the lien

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7
Q

What kind of interest does a lienor usually have in the lined property?

A

an equitable interest, except a mortgage lienor in a title-theory state

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8
Q

One difference between a condition and a covenant is that…

A

a condition can be created only when there is a transfer of ownership

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9
Q

An encroachment is

A

an unauthorized physical intrusion of one property into another

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10
Q

In a strict foreclosure

A

a lender takes title to the liened property directly

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11
Q

A property owner who is selling her land wants to control how it is used in the future. She might accomplish her aim by means of

A

a deed restriction

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12
Q

What is meant by a ‘lien-theory’ state?

A

a state in which a mortgagor retains title to the property when a mortgage lien is created

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13
Q

A defaulting borrower may avoid foreclosure by giving the mortgagee

A

a deed in lieu of foreclosure

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14
Q

A brick fence straddles the property line of two neighbors. The neighbors agree not to damage it in any way. This is an example of

A

a party wall

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15
Q

An encumbrance is most broadly defined as

A

another’s interest in a real property that limits the interest of the freehold property owner

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16
Q

What is the primary danger of allowing an encroachment?

A

over time, the encroachment may become an easement by prescription that damages the property’s market value

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17
Q

A property survey reveals that a new driveway extends one foot onto a neighbor’s property. This is an example of

A

an encroachment

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18
Q

The two general types of encumbrances are

A

those that affect the property’s use and those that affect legal ownership, value and transfer

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19
Q

Types of restrictions on owner’s use by other’ right to use

A

easements, encroachments, licenses, and deed restrictions

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20
Q

Types of restrictions on ownership value and transfer

A

liens, deed conditions

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21
Q

Easement

A

is an interest in real property that gives the holder the right to use portions of the legal owner’s real property in a defined way

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22
Q

The receiver of the easement right is the _____; the giver of the easement right is the _____.

A

benefited party; burdened party

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23
Q

Essential characteristics of easements

A

-one cannot own an easement over one’s own property
-an easement pertains to a specified physical area within the property boundaries
-an easement may be affirmative (allowing use) or negative (prohibiting use)

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24
Q

Two types of easements

A

appurtenant and gross

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25
Easement appurtenant
gives a property owner the right of usage to portions of an adjoining property owned by another party. the property enjoying the usage right is called the dominant tenement or dominant estate. the property containing the easement is the servient tenement
26
The term appurtenant
means 'attaching to'
27
Easement appurtenant right and obligations automatically
transfer with the property upon transfer of either the dominant or serviant estate, whether mentioned in the deed or not
28
Non-exclusive use
the servient tenement as well as the dominant tenement, may use the easement area provided the use does not unreasonably obstruct the dominant use
29
Easement by necessity
an easement by necessity is an easement appurtenant granted by a court of law to a property owner because of a circumstance of necessity - most commonly the need for access to a property
30
Party wall easement
a party wall is a common wall shared by two separate structures along a property boundary
31
Party wall agreements generally
provide for severalty ownership of half of the wall by each owner. the agreement grants a negative easement appurtenant to each owner in the other's wall.
32
Other structures that are subject to party agreements are...
fences, driveways, and walkways
33
Easement in gross
is a personal right that one party grants to another to use the grantor's real property
34
Personal easement in gross
is granted for the grantee's lifetime, and terminates on the grantee's death
35
Commercial easement in gross
is granted to a business entity rather than a private party. the right may be assigned, transferred or willed eg: marina's right of way to boat ramp
36
An easement may be created by
voluntary action, by necessary or prescriptive operation of law and by government power of eminent domain
37
Voluntary easement
a property owner may create a voluntary easement by express grant in a sale contract, or as a reserved right expressed in a deed
38
Easement by necessity
a court decree creates an easement by necessity to provide access to a landlocked property.
39
Easement by prescription
is someone uses another's property as an easement without permission for a statutory period of time and under certain conditions a court order may give the user the easement right by prescription - regardless of the owner's desires
40
For a prescriptive easement order to be granted, the following circumstances must be true
-adverse and hostile use - the use has been occurring without permission or license -open and notorious use - the owner knows or is presumed to have know of the use -continuous use - the use has been generally uninterrupted over the statutory prescriptive period
41
Eminent domain
government entities can create easement through the exercise of eminent domain, wherein they condemn a portion of a property and cause it to be sold 'for the greater good'
42
Easements terminate by:
-express release of the right by the easement holder -merger, as when a dominant tenement acquires the servient property -purposeful abandonment by the dominant property -condemnation through eminent domain -change or cessation of the e purpose for the easement -destruction of an easement structure, such as a party fence -non-use of an easement by prescription
43
Encroachment
is the unauthorized, physical intrusion of one owner's real property into that of another
44
Examples of encroachments
-a tree limb extending into the neighbor's property -a driveway extending beyond the lot line -a fence built beyond the property line
45
Encroachments cause
infringements on the rights of the trespassed owner, and may diminish the property's value
46
Encroachments often do no appear on ___
a property's title records.
47
Licenses
much like a personal easement in gross, is a personal right that a property owner grants to another to use the property for a specific purpose revocable at anytime
48
Deed restriction
is a limitation imposed on a buyer's use of a property by stipulation in the deed of conveyance or recorded subdivision plat can apply to an individual property or entire subdivision
49
Deed restrictions typically apply to:
-the land use -the size and type of structures that may be place on the property -minimum costs of structures -engineering, architectural and aesthetic standards
50
Deed restrictions are either
covenants or conditions
51
Lien
a creditor's claim against personal or real property as security for a debt of the property owner
52
In addition to restricting the owner's bundle of rights, a recorded lien
effectively reduces the owner's equity in the property to the extent of the lien amount
53
The creditor who places a lien on a property is called the ____, and the debtor who owns the property is the ____.
lienor, lienee
54
Liens have the following legal features:
-a lien does not convey ownership, with one exception (mortgage lien) -a lien attaches to the property - the new owner acquires the lien securing the payment of the debt -a property may be subject to multiple liens -the more liens there are recorded against a property, the less secure the collateral is for a creditor -a lien terminates on payment of the debt and recording of documents - payment of the debt and recording of the appropriate satisfaction documents ordinarily terminate a lien
55
Lien types
voluntary or involuntary, general or specific, and superior or inferior
56
A property owner may create a ____ lien to borrow money or some other asset secured by a mortgage.
voluntary
57
An ____ lien is one that a legal process places against a property regardless of the owner's desires.
involuntary
58
If statutory law imposes an involuntary lien, the lien is a ____
statutory lien
59
If court action imposes an involuntary lien, the lien is an
equitable lien
60
A general lien
is one placed against any and all real and personal property owned by a particular debtor
61
A specific lien
attaches to a single item of real or personal property and does not affect other property owned by the debtor
62
Lien priority
the highest ranking lien is first to receive proceeds from the foreclosed and liquidated security
63
Two factors primarily determine lien priority:
-the lien's categorization as superior or junior -the date of recordation of the lien
64
Among junior liens, ___ of recording determines priority
date the rule is: the earlier the recording date of the lien, the higher its priority
65
The ____ is an exception to the lien priority rule
Mechanic's lien
66
Real estate tax lien is also known as
ad valorem tax lien
67
Judgment lien
attaches to real and personal property as a result of a money judgment issued by a court in favor of a creditor
68
The creditor may obtain a ________ to force the sale of the attached property and collect the debt.
writ of execution
69
Mortgage and trust deed lien
in lien-theory states, mortgages and trust deeds secure loans made on real proeprty
70
Vendor's lien
a vendor's lien is also called a seller's lien, secures a purchase money mortgage, a seller's loan to a buyer to finance the sale pf a property
71
Municipal utility lien
A municipality may place a utility lien against a resident's real property for failure to pay utility bills
72
Mechanic's lien
a mechanic's lien secures the costs of labor, materials and supplies incurred in the repair or construction of real property improvements
73
Foreclosure
all liens can be enforced by the sale or other transfer of title of the secured property, whether by court action operation of law or through the powers granted in the original loan agreement
74
____ governs the foreclosure process
state law
75
Three types of foreclosure process enforce mortgage liens:
- judicial foreclosure - non-judicial foreclosure - strict foreclosure
76
Judicial foreclosure
occurs in states that use a two-party mortgage document (borrower and lender) that does not contain a 'power of sale' provision
77
Acceleration and filing
if a borrower has failed to meet loan obligations in spite of proper notice and applicable grace periods, the lender can accelerate the loan or declare that the balance are payable immediately
78
Lis pendens
gives public notice that the mortgaged property may soon have a judgment issued against it
79
Writ of execution
authorizes an official such as a sheriff, to seize and sell the foreclosed property
80
Deficiency judgement
if the sale does not yield sufficient funds to cover the amounts owed, the mortgage may ask the court for a deficiency judgement which allows the lender to attach and foreclose a judgment lien on other real or personal property the borrower owns
81
Right of redemption
the borrower's right of redemption, also called equity of redemption, is the right to reclaim a property that has been foreclosed by paying off amount owed to creditors, including interest and costs
82
Non-judicial foreclosure
when there is a 'power of sale' provision in the mortgage or trust deed document, can force the sale of the lined property without a foreclosure suit
83
There is no ____ in non-judicial foreclosure
redemption period
84
Strict foreclosure
is a court proceeding that gives the lender title directly, by court order, instead of giving cash proceeds from a public sale
85
Deed in lieu of foreclosure
a defaulting borrower who faces foreclosure may avoid cour action and costs by voluntarily deeding the property to the mortagee

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