Encumbrances and Easements

Question 1

this is what can happen when a landowner does not use their land or inspect it for many years. That owner may lose the title to another person who has some claim to the land, takes possession, and uses the land. In Arizona, the possession must be open, notorious, and hostile for at least 10 years.

Answer 1

Adverse Posession

Question 2

If the easement gives someone the right to use a property for a specific purpose, then it is an affirmative easement. Most easements are affirmative easements.

The right to access a public beach through a gate on private property is an affirmative easement.

Answer 2

Affirmative easement

Question 3

the transfer of ownership (title) to real property; may be voluntary or involuntary

Answer 3

alienation

Question 4

rights that run with real property ownership; most often transferred with the property, but possible to sell separately

Answer 4

appurtenances

Question 5

the parcel of land that benefits from an easement appurtenant by having the right to cross another owner’s adjacent land

Answer 5

dominant tenement

Question 6

easement is an interest in, or a right to use, another individual’s land or property, generally for a specific, limited purpose. When someone has an easement, what they actually have is an interest in the property, but not an estate in it.

Answer 6

easement

Question 7

is an easement where private property is taken for public use. This is made possible by eminent domain, which is the government’s power to seize private property for public use. (The government must pay the property owner just compensation for the property.)

Answer 7

easement by condemnation

Question 8

applies to a person or entity, not the specific land. The person or company who benefits from an easement in gross is called the dominant tenant. They can sell or assign this easement to another company or person.

Answer 8

easement in gross

Question 9

is physical property that crosses the boundary into a neighboring landowner’s property.

An encroachment is created when one person’s property (such as a fence, tree, or driveway) crosses the property boundary into an adjacent property. It’s a physical intrusion on someone else’s property without direct permission.

Answer 9

encroachment

Question 10

is a non-possessory interest in a property that burdens the title. Encumbrances affect the property’s clear title and may limit the use of the property by the owner. Encumbrances are attached to the title, not the owner of the property.

Answer 10

encumbrance

Question 11

transfer of title to property without the owner’s consent, usually carried out by operation of law

Answer 11

involuntary alienation

Question 12

when a piece of land is not accessible by any public means

Answer 12

landlocked

Question 13

a claim made by a creditor against real or personal property pledged by a debtor as collateral. There are several different kinds of liens you may encounter, and we’ll go over them later in this level.

Answer 13

lien

Question 14

A negative easement prevents a property owner from doing something that would otherwise be legal.

The most common example of a negative easement is when a property owner is prohibited from building a structure or planting a tree on their property because it would block a neighboring property’s view.

Answer 14

negative easement

Question 15

is a wall shared by two separate properties. The owners on each side share the right of use, often as an easement. Specifically, both property owners have an appurtenant easement in the other side of the wall.

Answer 15

party wall

Question 16

is a lawsuit against anyone who has a claim on the land. If the property owner wins the suit to quiet title, no further challenges to the title can be brought.

In short, a suit to quiet title clears the title record of any unrecorded claims.

Answer 16

quiet title suit

Question 17

the parcel of land that must allow an adjacent owner to cross; an easement appurtenant exists at the expense of this party

Answer 17

servient tenement

Question 18

quits” or terminates a person’s rights or claim to the property. Essentially, they’re promising that they definitely do not own the property.

That clears up the cloud.

Answer 18

Quitclaim Deed

Question 19

If a property owner places their claim to a property in a public record (such as a deed), that is considered giving constructive notice that that person owns the property. Constructive notice is the legal presumption that individuals will obtain information through due diligence.

Constructive notice means the information exists in the world and can be found by an interested party.

Answer 19

Constructive Notice

Question 20

Actual notice is the next level of notice; it means the buyer is actually aware of it.

After an individual has researched a property through public records and personal inspection, they now have direct knowledge of the property. They can use that information to ask questions about the property that could lead them to find claims.

Answer 20

Actual Notice

Question 21

an easement that exists when two parties own adjacent parcels of land and one owner has been granted the right to cross the other’s land.

Answer 21

easment appurtenant

Question 22

is a type of easement by implication that happens when the dominant tenement could not be used without an easement. It’s sometimes referred to as an easement of necessity.

Answer 22

easment by necessity

Question 23

an easement created to preserve land from development. When a property owner creates a conservation easement, they lose some of the rights they have in that land. They may prohibit themselves (and future owners) from developing the land, but still allow it to be used for recreation, for example. The tradeoff is that the land is preserved in its natural state.

Answer 23

conservation easment

Question 24

is granted after a person has used the property in a continuous and open manner for a prescribed period of time without the owner’s permission. In Arizona, an easement by prescription can only happen after the non-owner of the property has used it for at least 10 years.

Answer 24

easment by prescription

Question 25

is a negative appurtenant easement that prevents the owner of adjoining land from doing anything that could block light and air from the dominant tenement. These are also sometimes called view easements.

Answer 25

easment for light and air

Question 26

Abandonment
Release
Prescription
Merger
Expiration of purpose
Court Action

Answer 26

Easment termination