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.
