Encumbrances and Water Rights Flashcards
1
Q
A(n) ___ is a claim, charge, or liability that attaches to real estate.
A
Encumbrance
2
Q
An encumbrance is not a(n) ___.
A
Estate
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
4
Q
What are the two classifications of encumbrances?
A
1) Liens
2) Physical
5
Q
Monetary charges fall into which classification of encumbrances?
A
Liens
6
Q
___ are usually monetary charges.
A
Liens
7
Q
Restrictions, easements, licenses, and encroachments are all ___ encumbrances.
A
Physical
8
Q
A(n) ___ is a charge against property that provides security for a debt or an obligation of the property owner.
A
Lien
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
10
Q
___ are private agreements that affect a land’s use.
A
Deed restrictions
11
Q
Once placed in the deed buy an owner, ___ “run with the land.”
A
Deed restrictions
12
Q
___ limit the use of property and bind to all grantees.
A
Deed restrictions
13
Q
Deed restrictions are enforced by ___.
A
An owner of real estate
14
Q
Covenants, conditions, and restrictions are private agreements that affect land use and are typically imposed by a ___ or ___.
A
Developer or subdivider
15
Q
___ is the right to use land of another for a particular purpose.
A
Easement
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
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
18
Q
In an appurtenant easement, the ___ is the land where the easement runs that serves the other party.
A
Servient tenement
19
Q
In an appurtenant easement, the ___ is the party that benefits by the easement.
A
Dominant tenement
20
Q
Easements are considered ___.
A
Encumbrances
21
Q
Easements are considered encumbrances for ___.
A
Disclosure
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
23
Q
Who owns party walls?
A
Each owner owns the half of the wall that is on their lot
24
Q
In the case of a party wall, each owner has a(n) ___ on the other half if the wall.
A
Appurtenant easement
25
A fence built on a property’s line is considered as a(n) ___.
Party wall
26
A(n) ___ is an individual or company interest in or right to use someone else’s land.
Easement in gross
27
Utility easements, such as for a pipeline or power line, are an example of ___.
Easement in gross
28
___ easements in gross may be assigned, conveyed, and inherited.
Commercial
29
___ easements in gross are usually not assignable.
Personal
30
A ___ easement in gross generally terminates on the death of the easement owner.
Personal
31
How is an easement commonly created?
Written agreement between the parties establishing the easement right
32
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 ___.
Necessity
33
An easement by ___ is created by court order based on the principle that owners have the right to enter and exit their land.
Necessity
34
An easement by ___ is allowed by law for the full enjoyment of a parcel of real estate.
Necessity
35
An easement by ___ is acquired by continuous, open, and hostile use of the property for the period of time pre-determined by state law.
Prescription
36
A visible fence is an example of an easement by ___.
Prescription
37
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.
Prescription
38
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.
Tacking
39
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?
An easement by prescription
40
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?
Linda’s use is not continuous
41
An easement by ___ is acquired for a public purpose, through the right of eminent domain.
Condemnation
42
An easement by condemnation is acquired through the right of ___.
Eminent domain
43
An easement may ___ when the need no longer exists.
terminate
44
An easement terminates if the owner of either tenement becomes the owner of ___.
Both properties
45
An easement may terminate by release of the right of easement to the owner of the ___ tenement.
Servient
46
An easement may ___ by abandonment.
Terminate
47
An easement may terminate by destruction of the ___ tenement.
Servient
48
A lawsuit against someone claiming an easement may cause the easement to ___.
Terminate
49
An encumbrance attaches to the ___.
Property
50
An encumbrance does NOT attach to the ___.
Owner
51
Real estate taxes are a(n) ___.
Encumbrance
52
Easements are conveyed by a(n) ___.
Deed
53
The servant tenement allows an easement to ___.
Exist
54
Easements are ___.
Appurtenant
55
A(n) ___ is an easement that does not benefit a parcel of land.
Easement in gross
56
A utility easement is an easement ___.
In gross
57
___ is also known as “squatter’s rights”
Adverse possession
58
In Illinois, how long does adverse possession take?
20 years
59
In Illinois, for adverse possession to take place for 20 years and must meet what 5 criteria?
1) Notorious
2) Adverse
3) Continuous
4) Hostile
5) open
60
An easement can be terminated in which 3 ways?
1) Merger
2) Release
3) Abandonment
61
An easement can be terminated by ___, which is when a holder of the dominant interest acquires the servient property or vice versa.
Merger
62
An easement can be terminated by ___, which is when the holder of dominant interest releases rights to the servient owner.
Release
63
Termination of an easement by release is conveyed via a(n) ___.
Quitclaim deed
64
___ are privately created controls on land use that protect property values and the interests of property owners.
Deed restrictions
65
A subdivider has imposed a limitation where RV’s are not allowed on the driveway. This is an example of a(n) ___.
Deed restriction
66
Deed restrictions are enforced by ___.
Injunction
67
If Joe owns a house and the deed restriction states no fences, but the county restriction permits fences, which restriction would apply?
The deed restriction
68
If there are multiple restrictions, which restriction prevails?
The strictest rule
69
The Doctrine of Laches limits the ___ one has to act on a deed restriction.
Amount of time
70
A(n) ___ is a claim on land to secure a payment of debt.
Lien
71
A(n) ___ allows a creditor to take and sell property if debt is not paid.
Lien
72
A(n) ___ is a statement releasing any future lien rights.
Lien waiver
73
___ liens attach only to specific real property.
Specific
74
A mortgage is an example of ___ and ___ liens.
Specific and voluntary
75
In Illinois, recording of liens takes place under which body of government?
County
76
___ liens attach to real property and personal property.
General
77
Garnishment of wages by judgment is an example of a(n) ___ lien.
General
78
___ liens are liens that are sought out.
Voluntary
79
___ liens are liens that are not sought.
Involuntary
80
Real estate taxes are examples of ___ and ___ liens.
Involuntary and statutory
81
___ liens are created by statute or law.
Statutory
82
___ liens are created by a court of law.
Equitable
83
___ liens are sought by anyone who improves real property and for whom payment is withheld.
Mechanic
84
___ liens can be placed by contractors, workers, or suppliers of materials.
Mechanic
85
Mechanic lien priority dates back to…
When work was contracted
86
In Illinois, how long does a mechanic have to file a mechanic’s lean after completion of the work?
4 months
87
In Illinois, how long does a mechanic have to enforce a mechanic’s lean after completion of the work?
2 years
88
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?
The new owner
89
Liens transfer according to the ___.
Title
90
What is the biggest protection against unrecorded mechanic’s liens?
Title insurance
91
A(n) ___ is a personal privilege (not a right) to enter the land of another for a specific purpose.
License
92
A license is not a(n) ___.
right
93
How is a license different from an easement?
A license can be terminated/canceled by the licensor at any time
94
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.
License
95
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?
At any time
96
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.
License
97
The difference between easement and license is that easement is a ___, and license is a ___.
Easement is a right; license is a privilege
98
If use of another’s property is given orally or informally, it is generally considered to be a(n) ___.
License
99
A(n) ___ occurs when all or part of a structure illegally extends beyond the land of its owner.
Enroachment
100
A(n) ___ shows the location of all improvements located on a property and whether they extend over the lot or building lines.
Spot survey
101
___ provide evidence of encroachments.
Spot surveys
102
___ 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.
Riparian
103
Land that adjoins to commercially navigable rivers is usually owned to the ___.
Water’s edge
104
If a land is adjoined to a public waterway, the public has a(n) ___ of the right to travel.
Easement
105
___ rights are granted to owners whose land borders commercially navigable lakes, seas, and oceans.
Littoral
106
Riparian and littoral rights are ___ to the land.
Appurtenant
107
___ is the increase or addition of land by deposit of sand or soil washed up naturally from a river, lake, or sea.
Accretion
108
Who is entitled to all land created through accretion?
The owner
109
If a property’s boundary extends to the water’s edge and the water recedes, the new land is acquired to the owner by ___.
Reelection
110
___ is the gradual and imperceptible wearing away of the land by natural forces such as wind, rain, and flowing water.
Erosion
111
___ is the sudden removal of soil by an act of nature.
Avulsion
