Encumbrances Flashcards

1
Q

Money encumbrance liens

A

A hold or claim which one person has on the property of another to secure payment of a debt or other obligation

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2
Q

Specific liens

A

Burdens on a particular parcel trust deed mortgage mechanic liens property tax assessment attachment

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3
Q

General liens

A

Burdens on any and all property of the owner judgment corporation franchise tax decadents debt income tax

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4
Q

Voluntary liens

A

A lien such as a trust deed or mortgage which is placed on the property by the voluntary act of the owner ex. Like title 1 loan

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5
Q

Involuntary liens

A

A lien imposed without the consent of the owner

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6
Q

Lis pendens

A

Notice of pending litigation must be record and is effective until a judgment is rendered or until the action is dismissed

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7
Q

Attachment lien

A

Is a seizure of property by the court order to hold the property as security for a possible judgement in a law suit an attachment is valid for 3 years

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8
Q

Judgment liens

A

Are a result of the final determination of the rights of the parties is a lawsuit when the abstract of judgment is recorded it creates a general involuntary lien upon the debtor personal and real property in that county it may be recorded in more than one county and is valid for 10 years

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9
Q

Writ of execution

A

A way of enforcing a judgment it is a court order instructing an official to sell property to satisfy a judgment

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10
Q

Homestead exemption

A

Only one property of the owner can be homestead at a time married or head of household 75000
Any person over 65 100,000
Single 5000

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11
Q

Priorty payments if creditor forces sale

A
Tax and assessments 
Trust deeds mortgages mechanic liens 
The owner/debtor 
Costs fees and expanses of sale 
Judgment creditor 
Balance if any to owner/debtor
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12
Q

Easement

A

Nonmoney encumbrances affect the physical condition are the use of property the right to enter any use another persons that without limits a nonexclusive non-position any interest in a servient and dominant tenancy

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13
Q

A license

A

Is the right order in and stay in line it is a personal privilege given to someone to use the land it is nonassignable can we cancel for the first Emily uses it as it is personal license is not an encumbrance on the land

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14
Q

Dominate tenant

A

The land that has benefited by the easement

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15
Q

Servient tenement

A

The land that the land that is Burden encumbered by the easement

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16
Q

Deed

A

Conveyed or reserved by the grantor the easement may be created for any defined period of time or in perpetuity an easement may be granted by a lease he won’t only for the term of the lease

17
Q

Necessity or implication of law

A

The owner of the land locked parcel has the right to ingress and egress of the property

18
Q

Implied grants

A

Is mineral oil or gas right I told the buyer has the right to enter the land and extract them

19
Q

Prescription

A

In acquired right to use another and then the requirements are open. You continue with an interrupted you for five years hostile to the true woman with the permission but not in confrontation under the claim of right or color of title

20
Q

Easement in gross

A

Belongs to a person natural or Leo therefore it must be conveyed in writing the most common example is the right of utility company to a wreck walls and string wires over the land this is the most common easement on residential property

21
Q

Dedication

A

A developer made dedicate length of the blood like to be used for street works etc.

22
Q

Adverse possession

A

Similar to an easement by prescription except that through this prolonged a person may obtain title

23
Q

Restrictions

A

These are encumbrances which limit the use of the property by and only restrictions can be beneficial to the owner before building improvements both private and public restrictions should be checked

24
Q

Private restrictions

A

Created by the grantor in the deed or buy a written agreement

25
Q

Covenant

A

And promised to do or not to do something is violated in induction can compare compliance which may result in dollar damages

26
Q

Conditions

A

A condition to continue ownership a condition can be created only by a grant of an estate if violated tittle can revert to the original grantor where his heirs

27
Q

a restriction prohibiting

A

A for sale sign is not valid as it infringes on the owners power of alienation limits as to the same size and design may be set by the city or county

28
Q

Eminent domain

A

The right of the government to take privately out then for public use provided just compensation is paid

29
Q

Public restrictions

A

Primarily zoning regulations the power of the government to enact laws regulations which limit the use of property to promote the health safety moral and general welfare of the public

30
Q

Down zoning

A

Changing the zoning from commercial to residential

31
Q

Who can do end ant domain

A

Federal government city state hospital with universities railroads

32
Q

Encumbrance

A

Anything which limits affects or burdens the tittle to the property there are two types of encumbrances money encumbrance or non money