Chapter 6: Liens and Easements Flashcards

1
Q

What is considered an encumberance or cloud on title?

A

Liens

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2
Q

Monetary claim making property security for payment of debt

A

Lien

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3
Q

Legally enforceable rights to limited use of another land. Can pertain to any parts of land

A

Easements

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4
Q

How is a lien created:

A

A. agreement of parties (mortgage)

B. Operation of Law (tax lien, mechanics lien, etc)

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5
Q

TRUE OR FALSE: If a lien attached to a property is not released prior to sale, the buyer buys and the lien is wiped and released of all existing liens and encumberances?

A

FALSE

If not released prior to sale, buyer buys subject to ALL existing liens and encumberances

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6
Q

3 items to consider regarding liens:

P.E.S

A
  1. Priority
  2. Enforcement
  3. Satisfaction
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7
Q

Which type of lien takes priority, regardless of date of recording?

A

Real Estate Tax Liens

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8
Q

What a lien is recorded, what happens to the title?

A

Cloud on title

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9
Q

How do you remove a lien on title?

A

Owner must ensure that the creditor (lienor) records satisfaction of lien ASAP when paid off

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10
Q

When a court orders an encumbered property be sold to satisfy unpaid debts, what is this?

A

Enforcement of Liens- creditor must request proper jurisdiction to order sale of property in question

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11
Q

Results from court judgements, IRS tax, and estate inheritance tax, and is directed against individual debtor, and therefore attaches to all of his property

A

General Lien

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12
Q

What type of lien is attached to 1 specific parcel of RE, not people?

A

Specific Lien

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13
Q

Mortgage liens, utility, mechanics lien, property tax liens, special assessment

A

Specific Lien

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14
Q

Type of lien entered into an agreement of parties

A

Voluntary Lien

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15
Q

Type of lien created by operation of law- statutory or equitable

A

Involuntary Lien

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16
Q

What type of lien is a mortgage?

A

Voluntary Lien

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17
Q

What type of lien is a property tax lien?

A

Involuntary Lien

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18
Q

Established or results from laws passed by legislation, created under statue

A

Statutory Lien

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19
Q

What type of lien is a mechanic or vendor lien?

A

Statutory Lien

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20
Q

Private, written contract showing intention to pledge property as security for debt.

A

Equitable Lien

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21
Q

Property Tax
Special Assessment
Mechanics Lien
Lis Pendes

A

Specific
Statutory
Involuntary

22
Q

Federal Tax

Court Judgement

A

General
Statutory
Involuntary

23
Q

Vendor/Vendee Lien

A

Specific
Equitable
Involuntary

24
Q

Benefit from a proposed public improvement, would be voluntary if all affected property owners agreed to pay and petitioned local govt for public improvement

A

Special Assessment

25
Q

Imposed for non payment of federal estate tax, federal income tax, and payroll tax, and is attached to all real/personal property of debor

A

Federal Tax Lien

26
Q

Pledged as collateral for repayment of a debt

A

Mortgage Lien

27
Q

Filed by seller (vendor) against the property sold in the amount of any unpaid purchase price.

A

Vendor Lien

28
Q

Filed by Buyer in cases where the buyer has purchased property but not yet received title. Occurs when property is purchased under a contract for deed. If the seller does not or cannot deliver good title after all terms of contract are satisfied, then this would cover all $ paid for property, plus the value of any improvements made to property by buyer

A

Vendees Lien

29
Q

Filed against real property by laborers who supplied materials for/worked on improvements, repairs, maintenance of real property to enchance

A

Mechanics Lien

30
Q

Lien enforced when court issues a writ of execution directing sheriff to sieze/sell as much of the debtors real/personal property as necessary to pay debt and cover expenses of sale (comes from lawsuits)

A

Judgement Lien

31
Q

Lien resulting from a legal process involving seizure of a defendants real or personal property and holding custody as security while lawsuit decided. Collateral for lawsuits

A

Attachment Lien

32
Q

Pending lien that gives constructive notice that an action affecting particular property and may becomes involved in a lawsuit. Notice of possible future lien, and if successful dates back to when it was filed

A

Lis Pendens “Action Pending”

33
Q

What is an easement created by?

A
  • Agreement
  • Adverse/hostile use
  • By condemnation proceedings
34
Q

True or False: Easements are routinely granted to utility, gas, and electric companies

A

TRUE

35
Q

What is not considered an interest in land, no writing needed, and can be revoked at anytime, and dies with new landowner?

A

License

36
Q

What are the 3 classifications of easements?

A
  1. Easement Appurtenant
  2. Personal Easement in Gross
  3. Commercial Easement in Gross
37
Q

Gives the right of one landowner to use the property of adjoining landowner for specific purpose “RUN WITH THE LAND”

Must have 2 adjoinging parcels of land owned by different parties

A

Easement Appurtenant

38
Q

TRUE OR FALSE: when either piece of property is sold, given away, or willed to heirs, easement app. does not remain in force and is affected

A

FALSE- remains the same

39
Q

Property right given to an individual and is non-assignable. Has a serviant estate, but no dominant estate bc this attaches to a person

A

Personal Easement in Gross

40
Q

Property right held by biz entity- telephone, electric, gas company. Attaches to utility company not a piece of property and NO dominant estate. Survives death or sale

A

Commercial Easement

41
Q

How are easements created?

A

G.R.EN.P

  1. Express Grant Easement
  2. Express Reservation
  3. Easement of Necessity
  4. Prescriptive Easement
42
Q

Which easement is created by landowner over his own land, should contain all formal elements of the deed, and does not transfer title?

A

Express Grant Easement

43
Q

When a landowner sells a portion of his property to another, but reserves an easement over the sold land by placing a reservation in the deed.

A

Express Reservation

44
Q

This easement is by operation of law, rather than an agreement. This arises when a piece of property is landlocked, and the owner must be afforded an easement to a road through an adjoining parcel.

A

Easement of Necessity

45
Q

Right acquired by an adverse user. Open and hostile

A

Prescriptive Easement

46
Q

Involves the right of use only, gained by adverse means.

A

Easement by Prescription

47
Q

How is an easement terminated?

A
  1. Necessity of easement no longer exists
  2. Dom and Servient estates merged
  3. Easement owner (dom) releases serviant
  4. Dominant estate abandoned
  5. Serviant estate destroyed
  6. Court terminates- quiet title
48
Q

Appurant easement runs with land, regardless of how many times the property is sold.

A

TRUE

49
Q

TRUE OR FALSE: Eminent domain is most often used to take title to property, but can also be used to create easement, public access.

A

TRUE

50
Q

Owner who has the right to use land is the one who benefits

A

Dominant Estate

51
Q

Owner whose land is being used is burdened and holds title

A

Servient Estate