Encumbrance Flashcards
Define encumbrance.
An encumbrance is generally defined as a claim or lien on a parcel of real property.
Specific types of encumbrances include.
Encroachment
Easement
- Easement Appurtenant
- Easement in Gross
Liens
- Mechanic's lien
- Material Man's lien
Foreclosure
Judgment
- Writ of attachment
- Writ of execution
Tax liens
- property tax lien
- federal tax lien
- state tax lienEncroachment
A situation in which a structure/fixture is built on another person’s property and ‘encroaches’ on their area.
Easement
A certain right to use the real property of another owner, such as paying rent for a building on their land or being allowed access to privately owned lake.
Easements are generally considered a property right. T/F?
True
Easement Appurtenant
Typically benefits the land and is transferred automatically if the property is transferred to another party – “runs with the land.”
Easement in Gross
Typically benefits the individual or legal party and can be used for personal or commercial use. Generally not inherited/assignable, it can be transferred for business purposes.
Lien
Lien is a form of security granted over an item of property to secure the payment of a debt or obligation.
Mechanic’s lien
A lien that exists for real and personal property and initiated by those who have supplied labor or materials to improve the property (carpenters, landscapers).
Material Man’s lien
Similar to mechanic’s lien, but applies more to the actual person or company who supplies the actual materials being used.
A legal process in which the lender tries to recover the balance of a loan after repayments have stopped, by selling the asset used as collateral for the loan.
Foreclosure
A type of lien that is meant to secure payment or property that was awarded in some kind of judgment or settlement.
Judgment
Writ of attachment
A court order to seize an asset
Writ of execution
Written in order to force a judgment made against an asset, usually to collect an asset that has been ordered to be turned over.
A type of lien obtained on the property, including all land rights, imposed by the government’s taxing authority – typically used for payment of federal taxes.
Tax liens
