Encumbrances: Easements, Restrictions, and Liens

Question 1

ad valorem tax

Answer 1

Means “according to value” in Latin and describes the tax levied against a property.

Question 2

adverse possession

Answer 2

The continuous, open, hostile, and ________ use of another’s property without permission. The statutory possession period varies from state to state and is factored into this involuntary transfer of title. ________ ________ claims can be based on either a claim of right or color of title. A claim of right could happen when a father gifts a son the family farm and then, 10 years later, dies without having transferred the title by deed. The son’s actual entry and possession (for the statutory time) ripened into title by _________ __________. Color of title takes place when a title appears to be good but isn’t. An example would be the conveyance of title by a forged deed. By occupying the premises for a statutory period of time, the possessor can acquire legal title by claiming “color of title”. In most cases, __________ possessors using a “color of title” defense must have acted in good faith.

Question 3

covenants and conditions

Answer 3

________ are promises contained in contracts, the breach of which would entitle a person to damages. ________, on the other hand, are contingencies, qualifications, or occurrences on which an estate or property right would be gained or lost.

Question 4

declaration of restrictions

Answer 4

A statement of all the covenants, conditions, and restrictions (CC&Rs) that affect a parcel of land.

Question 5

easement

Answer 5

A property interest that one person has in land owned by another that entitles the holder of the interest to limited use or enjoyment of the other’s land.

Question 6

easement in gross

Answer 6

The limited right of one person to use another’s land (servient estate), which right is not created for the benefit of any land owned by the owner of the easement; that is, there is no dominant estate, as the easement attaches personally to the owner, not the land.

Question 7

encroachment

Answer 7

An unauthorized invasion or intrusion of a fixture or other real property wholly or partly on another’s property, thus reducing the size and value of the invaded property.

Question 8

encumbrance

Answer 8

Any claim, lien, charge, or liability attached to and binding on real property that may lessen the value of the property but will not necessarily prevent transfer of title.

Question 9

license

Answer 9

Revocable permission for the use of someone’s property. For example, allowing a designated day for a friend to fish or hunt on someone’s land. A ________ is considered a privilege, not a right.

Question 10

mechanic’s lien

Answer 10

A statutory, specific lien created in favor of laborers, contractors, and suppliers who have performed work or furnished material in the building, renovation, or repair of a building.

Question 11

party wall

Answer 11

A wall that is located on or at the boundary line between two adjoining parcels and is used, or is intended to be used, by the owners of both properties in the construction or maintenance of improvements on their respective lots.

Question 12

prescription

Answer 12

The acquiring of a right on property, usually in the form of an intangible property right, such as an easement or right-of-way, by means of adverse use of property that is continuous and uninterrupted for the _________ period.

Question 13

restrictions

Answer 13

Limitations on the use of property. Private restrictions are created by means of restrictive covenants written into real property instruments, such as deeds and leases.

Question 14

restrictive covenant

Answer 14

A private agreement, usually contained in a deed, that restricts the use and occupancy of real property.

Question 15

running with the land

Answer 15

Rights or covenants that bind or benefit successive owners of a property, such as restrictive building covenants in a recorded deed that would affect all future owners of the property, are said to _____________.

Question 16

special assessment

Answer 16

A tax statutory levied against a property’s owner for proposed improvements, like street or sewer assessments. In a condominium development, assessing the co-owner’s cost for re-shingling a roof or re-surfacing a parking lot also is considered a __________ _________.

Question 17

easement appurtenant

Answer 17

Are said to “run with the land”, meaning they are automatically transferred to a buyer even though this is not stated in the deed. There are two tracts of land: one receives the benefit of the easement (the dominant tenement or dominant estate), and the other receives the burden ( the servient tenement or servient estate).

Question 18

MISTAKEN IDENTITY

lienor/lienee

Answer 18

The creditor (lienor) has a lien on the property of the debtor (lienee) to satisfy a claim or debt.

Question 19

MISTAKEN IDENTITY

encroachment/encumbrance

Answer 19

An encroachment is an unauthorized intrusion of one property onto another property; it is an encumbrance on both parties until court action or agreement resolves the issue.

Question 20

MISTAKEN IDENTITY

easement appurtenant/easement in gross

Answer 20

An easement appurtenant benefits and runs with the land, whereas an easement in gross does not benefit any land. It is personal to the owner (e.g., a utility company); there is no dominant estate.

Question 21

MISTAKEN IDENTITY

dominant estate/ servient estate

Answer 21

The dominant estate is the property benefited by the easement; the servient estate is the property burdened or subject to the easement.

Question 22

MISTAKEN IDENTITY

easement/license

Answer 22

An easement is a permanent right in property, whereas license, which is not an interest in real property, is a temporary right to use that may be revoked at any time.

Question 23

easement by necessity

Answer 23

This type of easement gives the dominant tenement a right of way to cross the neighboring servient’s property for ingress and egress. It is also known as a continuous easement appurtenant.

Question 24

lis pendens

Answer 24

is the notice of suit.

Question 25

writ of attachment

Answer 25

is the legal process of seizing real property and holding it in court custody as security for a pending judgment.

Question 26

writ of execution

Answer 26

is an order for the sale of property to satisfy the judgment.