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Unit 7: Interests in Real Estate > Encumbrances and Water Rights > Flashcards

Encumbrances and Water Rights Flashcards

1
Q

A(n) ___ is a claim, charge, or liability that attaches to real estate.

A

Encumbrance

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2
Q

An encumbrance is not a(n) ___.

A

Estate

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3
Q

A(n) ___ is a right or interest held by someone other than the property owner that affects title to the real estate but does not necessarily prevent a transfer of title.

A

Encumbrance

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4
Q

What are the two classifications of encumbrances?

A

1) Liens
2) Physical

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5
Q

Monetary charges fall into which classification of encumbrances?

A

Liens

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6
Q

___ are usually monetary charges.

A

Liens

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7
Q

Restrictions, easements, licenses, and encroachments are all ___ encumbrances.

A

Physical

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8
Q

A(n) ___ is a charge against property that provides security for a debt or an obligation of the property owner.

A

Lien

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9
Q

Unpaid real estate taxes, mortgages and trust deeds, as well as other other judgements all represent possible ___ against an owner’s real estate.

A

Liens

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10
Q

___ are private agreements that affect a land’s use.

A

Deed restrictions

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11
Q

Once placed in the deed buy an owner, ___ “run with the land.”

A

Deed restrictions

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12
Q

___ limit the use of property and bind to all grantees.

A

Deed restrictions

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13
Q

Deed restrictions are enforced by ___.

A

An owner of real estate

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14
Q

Covenants, conditions, and restrictions are private agreements that affect land use and are typically imposed by a ___ or ___.

A

Developer or subdivider

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15
Q

___ is the right to use land of another for a particular purpose.

A

Easement

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16
Q

A(n) ___ easement is attached to the ownership of one parcel and allows the owner the use of a neighbor’s land.

A

Appurtenant

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17
Q

For an appurtenant easement two exist, ___ parcels of land must be owned by ___.

A

Two adjacent parcels of land must be owned by two different parties

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18
Q

In an appurtenant easement, the ___ is the land where the easement runs that serves the other party.

A

Servient tenement

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19
Q

In an appurtenant easement, the ___ is the party that benefits by the easement.

A

Dominant tenement

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20
Q

Easements are considered ___.

A

Encumbrances

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21
Q

Easements are considered encumbrances for ___.

A

Disclosure

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22
Q

A ___ is a wall located on or at a boundary line between two adjoining parcels of land and is used or intended to be used by owners of both properties.

A

Party wall

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23
Q

Who owns party walls?

A

Each owner owns the half of the wall that is on their lot

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24
Q

In the case of a party wall, each owner has a(n) ___ on the other half if the wall.

A

Appurtenant easement

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25
Q

A fence built on a property’s line is considered as a(n) ___.

A

Party wall

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26
Q

A(n) ___ is an individual or company interest in or right to use someone else’s land.

A

Easement in gross

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27
Q

Utility easements, such as for a pipeline or power line, are an example of ___.

A

Easement in gross

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28
Q

___ easements in gross may be assigned, conveyed, and inherited.

A

Commercial

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29
Q

___ easements in gross are usually not assignable.

A

Personal

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30
Q

A ___ easement in gross generally terminates on the death of the easement owner.

A

Personal

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31
Q

How is an easement commonly created?

A

Written agreement between the parties establishing the easement right

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32
Q

An easement that is created when an owner sells a parcel of land that has no access to a street or public way except over the seller’s remaining land is an easement by ___.

A

Necessity

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33
Q

An easement by ___ is created by court order based on the principle that owners have the right to enter and exit their land.

A

Necessity

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34
Q

An easement by ___ is allowed by law for the full enjoyment of a parcel of real estate.

A

Necessity

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35
Q

An easement by ___ is acquired by continuous, open, and hostile use of the property for the period of time pre-determined by state law.

A

Prescription

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36
Q

A visible fence is an example of an easement by ___.

A

Prescription

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37
Q

To establish an easement by ___ in Illinois, the use must be adverse, exclusive, under claim of right, and continuous & uninterrupted for a period of 20 years.

A

Prescription

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38
Q

The concept of ___ provides that successive periods of continuous occupation by different parties may be combined to reach the required total number of years necessary to establish a claim for a prescriptive easement.

A

Tacking

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39
Q

Jana’s property is located in a state with a prescriptive period of 20 years. For the past 22 years, Frank has driven his car across Jana’s front yard every day to reach his garage with ease. What has Frank created?

A

An easement by prescription

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40
Q

Jana’s property is located in a state with a prescriptive period of 20 years. For 25 years, Linda has driven across Jana’s front yard 2 or 3 times a year to reach her property when she’s in a hurry. Why hasn’t Linda created an easement by prescription?

A

Linda’s use is not continuous

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41
Q

An easement by ___ is acquired for a public purpose, through the right of eminent domain.

A

Condemnation

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42
Q

An easement by condemnation is acquired through the right of ___.

A

Eminent domain

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43
Q

An easement may ___ when the need no longer exists.

A

terminate

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44
Q

An easement terminates if the owner of either tenement becomes the owner of ___.

A

Both properties

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45
Q

An easement may terminate by release of the right of easement to the owner of the ___ tenement.

A

Servient

46
Q

An easement may ___ by abandonment.

A

Terminate

47
Q

An easement may terminate by destruction of the ___ tenement.

A

Servient

48
Q

A lawsuit against someone claiming an easement may cause the easement to ___.

A

Terminate

49
Q

An encumbrance attaches to the ___.

A

Property

50
Q

An encumbrance does NOT attach to the ___.

A

Owner

51
Q

Real estate taxes are a(n) ___.

A

Encumbrance

52
Q

Easements are conveyed by a(n) ___.

A

Deed

53
Q

The servant tenement allows an easement to ___.

A

Exist

54
Q

Easements are ___.

A

Appurtenant

55
Q

A(n) ___ is an easement that does not benefit a parcel of land.

A

Easement in gross

56
Q

A utility easement is an easement ___.

A

In gross

57
Q

___ is also known as “squatter’s rights”

A

Adverse possession

58
Q

In Illinois, how long does adverse possession take?

A

20 years

59
Q

In Illinois, for adverse possession to take place for 20 years and must meet what 5 criteria?

A

1) Notorious
2) Adverse
3) Continuous
4) Hostile
5) open

60
Q

An easement can be terminated in which 3 ways?

A

1) Merger
2) Release
3) Abandonment

61
Q

An easement can be terminated by ___, which is when a holder of the dominant interest acquires the servient property or vice versa.

A

Merger

62
Q

An easement can be terminated by ___, which is when the holder of dominant interest releases rights to the servient owner.

A

Release

63
Q

Termination of an easement by release is conveyed via a(n) ___.

A

Quitclaim deed

64
Q

___ are privately created controls on land use that protect property values and the interests of property owners.

A

Deed restrictions

65
Q

A subdivider has imposed a limitation where RV’s are not allowed on the driveway. This is an example of a(n) ___.

A

Deed restriction

66
Q

Deed restrictions are enforced by ___.

A

Injunction

67
Q

If Joe owns a house and the deed restriction states no fences, but the county restriction permits fences, which restriction would apply?

A

The deed restriction

68
Q

If there are multiple restrictions, which restriction prevails?

A

The strictest rule

69
Q

The Doctrine of Laches limits the ___ one has to act on a deed restriction.

A

Amount of time

70
Q

A(n) ___ is a claim on land to secure a payment of debt.

A

Lien

71
Q

A(n) ___ allows a creditor to take and sell property if debt is not paid.

A

Lien

72
Q

A(n) ___ is a statement releasing any future lien rights.

A

Lien waiver

73
Q

___ liens attach only to specific real property.

A

Specific

74
Q

A mortgage is an example of ___ and ___ liens.

A

Specific and voluntary

75
Q

In Illinois, recording of liens takes place under which body of government?

A

County

76
Q

___ liens attach to real property and personal property.

A

General

77
Q

Garnishment of wages by judgment is an example of a(n) ___ lien.

A

General

78
Q

___ liens are liens that are sought out.

A

Voluntary

79
Q

___ liens are liens that are not sought.

A

Involuntary

80
Q

Real estate taxes are examples of ___ and ___ liens.

A

Involuntary and statutory

81
Q

___ liens are created by statute or law.

A

Statutory

82
Q

___ liens are created by a court of law.

A

Equitable

83
Q

___ liens are sought by anyone who improves real property and for whom payment is withheld.

A

Mechanic

84
Q

___ liens can be placed by contractors, workers, or suppliers of materials.

A

Mechanic

85
Q

Mechanic lien priority dates back to…

A

When work was contracted

86
Q

In Illinois, how long does a mechanic have to file a mechanic’s lean after completion of the work?

A

4 months

87
Q

In Illinois, how long does a mechanic have to enforce a mechanic’s lean after completion of the work?

A

2 years

88
Q

On May 1, Bob hires Sam to build him a pool. Sam begins digging the hole on June 1. Sam asks Bob for payment on July 1, Bob refuses to pay. Sam files a Mechanic lien on August 1, however Bob decides to sell the house on July 15. Bob fails to tell the new owners that he has not paid Sam for the pool. Who is responsible for paying the lien on the pool?

A

The new owner

89
Q

Liens transfer according to the ___.

A

Title

90
Q

What is the biggest protection against unrecorded mechanic’s liens?

A

Title insurance

91
Q

A(n) ___ is a personal privilege (not a right) to enter the land of another for a specific purpose.

A

License

92
Q

A license is not a(n) ___.

A

right

93
Q

How is a license different from an easement?

A

A license can be terminated/canceled by the licensor at any time

94
Q

Bob asks Susan for permission to park his boat on her driveway. Susan agrees. Bob now has a(n) ___ to park in Susan’s driveway.

A

License

95
Q

Bob asks Susan for permission to park his boat on her driveway. Susan agrees. Bob now has a license to park in her driveway. When may Susan tell Bob to move the boat?

A

At any time

96
Q

A ticket to an event is an example of a(n) ___ because it entitles the ticket holder to enter the facility and use their seat, but can be asked to leave if violating venue rules.

A

License

97
Q

The difference between easement and license is that easement is a ___, and license is a ___.

A

Easement is a right; license is a privilege

98
Q

If use of another’s property is given orally or informally, it is generally considered to be a(n) ___.

A

License

99
Q

A(n) ___ occurs when all or part of a structure illegally extends beyond the land of its owner.

A

Enroachment

100
Q

A(n) ___ shows the location of all improvements located on a property and whether they extend over the lot or building lines.

A

Spot survey

101
Q

___ provide evidence of encroachments.

A

Spot surveys

102
Q

___ rights are granted to owners of land along the course of a river, stream, or similar body of flowing water and generally include unrestricted right to use the water.

A

Riparian

103
Q

Land that adjoins to commercially navigable rivers is usually owned to the ___.

A

Water’s edge

104
Q

If a land is adjoined to a public waterway, the public has a(n) ___ of the right to travel.

A

Easement

105
Q

___ rights are granted to owners whose land borders commercially navigable lakes, seas, and oceans.

A

Littoral

106
Q

Riparian and littoral rights are ___ to the land.

A

Appurtenant

107
Q

___ is the increase or addition of land by deposit of sand or soil washed up naturally from a river, lake, or sea.

A

Accretion

108
Q

Who is entitled to all land created through accretion?

A

The owner

109
Q

If a property’s boundary extends to the water’s edge and the water recedes, the new land is acquired to the owner by ___.

A

Reelection

110
Q

___ is the gradual and imperceptible wearing away of the land by natural forces such as wind, rain, and flowing water.

A

Erosion

111
Q

___ is the sudden removal of soil by an act of nature.

A

Avulsion

Unit 7: Interests in Real Estate (4 decks)

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