Encumbrances Flashcards
What are examples of encumbrance?
Easements, private and public restrictions and encroachments are examples encumbrances.
What is an encumbrance?
Anything that affects or limits title, condition, or use of property.
What is appurtenant easement?
An easement that affects two parcels of land. The dominant parcel tenement is benefitted. The servient parcel is encumbered by the easement.
What is required to be completed if dominant parcel is sold and servient parcel denies a new buyer of dominant parcel easement?
A quiet title action
What is an easement in gross?
They affect one parcel ie .. A utility pole over a farm.
What is a prescriptive easement?
Acquisition by open, notorious, continuous, hostile, and adverse to true owners interest, under some claim of right for five years. NACHO
What is Easement by necessity?
Created by implication of law , ie… Landlocked farmland parcel. With no access to it.
Easements can be terminated under what conditions?
Abandonment ( 20 years), merger, adverse possession, destruction, excessive use, or express release (quitclaim deed)
What is a license encumbrance?
A personal, revocable right to do acts. Examples include parking ticket or baseball ticket
What is an encroachment?
An unlawful building of improvements on another’s adjacent property. Issues must be addressed within three years by sueing .
What is an encumbrance for money?
A lien
What are the two types if liens?
Voluntary and involuntary
Mechanics liens must be verified and recorded. How is priority determined?
It dates back to commencement ( materials delivered or start work). It takes precedent over deed of trust unless notice of cessation is filed to stop 30 days after deed of trust is recorded.
