Encumbrances

Question 1

Involuntary encumbrances incurred by the state to protect the interests of the public. There are 4 types.

Answer 1

Governmental Encumbrances

Question 2

Laws to protect the health, safety, morals, and welfare of the public. Eg. Zoning laws

Answer 2

Police Powers

Question 3

The right of government to take private property for public use.

Answer 3

Eminent Domain

Question 4

The power of the government to seize ownerless land. If you die with no heirs and no will, your property goes to the state.

Answer 4

Escheat

Question 5

Ad valorem (property) taxes and -special assessments.

Answer 5

Taxation

Question 6

Acts which give the state authority to enact police powers

Answer 6

Enabling Acts

Question 7

Taxes imposed on a specific portion of the community to cover improvements to that area only

Answer 7

Special Assessments

Question 8

Encumbrances made by private parties.

Answer 8

Private Encumbrances

Question 9

Mortgages, vendor’s lien, vendee’s lien, mechanic’s lien, judgments

Answer 9

Private Liens

Question 10

Pledges real property as security for a debt.

Answer 10

Mortgage

Question 11

Used with purchase money mortgage

Answer 11

Vendor’s Lien

Question 12

Lien place by a buyer to cover his deposit or other interest in a property

Answer 12

Vendee’s Lien

Question 13

Placed by workmen to recover cost unpaid labor and materials.

Answer 13

Mechanic’s Lien (must be filed within 60 days after work is completed)

Question 14

A recorded notice of impending litigation against a property

Answer 14

Lis Pendens

Question 15

Subdivision restrictions

Answer 15

Restrictive Covenants

Question 16

Conditions placed on a property by the grantee restricting the use of the property; used in qualified fee estate

Answer 16

Restrictive Conditions

Question 17

Right of ingress and egress

Answer 17

Easements

Question 18

Right of ingress and egress, always involves more than one tract of land

Answer 18

Predial Servitude or

Easement Appurtenant

Question 19

An easement appurtenant which is created by court order when an owner has no street access

Answer 19

Easement by Necessity

Question 20

Involves only one tract of land. Usually used for utility lines, water lines, pipelines, etc.

Answer 20

Easement in Gross or
Personal Servitude
1 Right of Usufruct
2 Right of Habitation
3 Right of Use

Question 21

An agreement granting short term use of property, ex Hunting license

Answer 21

License

Question 22

Unauthorized use of another’s property.

Answer 22

Encroachments

Question 23

Federal taxes, state taxes, property taxes, special assessments, mechanic’s liens, mortgages

Answer 23

Priority of Liens

Question 24

Changes the priority of liens

Answer 24

Subordination