Encumbrances And Liens Flashcards
What is an encumbrance?
Any claim, right, or interest held by someone who is not the legal owner of the land.
What are the four different types of encumbrances?
Deed, restrictions, easements, encroachments, and liens.
What does CC&R stand for?
Covenants, conditions, and restrictions.
What is a deed restriction?
Private controls on land use imposed by a developer for the benefit of all owners, such as controls on property usage, exterior, color number of cars allowed, and type of landscaping. They may also be created by a single owner to limit future use.
Where can you locate deed restrictions?
They are found in the deed or are recorded separately.
What are other names for deed restrictions?
Restrictive covenants or declaration of restrictions
Can deed restrictions, violate law, or public policy?
No.
What is an injunction?
An injunction is a court order that restrains someone from continuing to act.
What does someone do to enforce a deed restriction?
By going to court and receiving an injunction.
If a zoning ordinance conflicts with a deed restriction, which one would apply?
The most restrictive one would apply.
Can a for sale or a for rent sign be prohibited?
No. But the sign must still conform to local industry standards.
Can solar energy devices be prohibited by deed restrictions?
No. And their function may not be impaired by deed restrictions.
A burden on a title is called a what?
An encumbrance.
Limitation on proper use of land created by an owner or developer is called a what?
Deed restriction, restrictive covenant, or CC&Rs.
A restriction is unenforceable if it is?
Discriminatory.
What is an easement?
An easement is the non-possessory right to use another property for a specific purpose. The property owner cannot interfere in the easement holders specific use.
Must easements be recorded in the public record?
Yes.
Name the five ways and easement is created.
Express grants, reservations, condemnation, necessity, and prescription.
What is an easement appurtenant?
It is a right across one property for the benefit of the adjacent property. It runs with the land and not with the person.
What is the dominant tenement in Easement Appurtenant?
It is the dominant parcel that maintains and controls the easement, which is located on the servient parcel.
Does the easement run across the dominant parcel or the servient parcel?
The servient parcel.
What is the purpose of an easement appurtenant?
It may be for the purpose of ingress and egress or access to a utility.
