Encumbrances in Real Property Flashcards
what are the types of encumbrances
lein
easment
encroachment
A lien levied against real property (e.g., mortgages, mechanic’s liens, and materialmen’s liens)
specific lien
A lien against a person and all the property owned by that person, whether real or personal (e.g., judgments, estate and inheritance tax liens, income tax liens)
genreal lein
A lien that is agreed to, such as a mortgage
voluntary lein
A lien imposed on a property or person by someone else, such as for nonpayment of taxes
involuntary lien
Levied against real property to help fund the cost of a specific improvement (e.g., putting in sidewalks)
special assessment lien
When a seller defaults in performing a contract, the buyer has a ______ lien against the property for sale to receive an earnest money reimbursement.
vendees
A ______ lien allows a seller to repossess a sold property until the buyer pays the full, agreed-upon purchase price.
vendors
A public notice that a legal issue is pending
lis pendens
An encumbrance on the property of a defendant in a pending lawsuit for money damages under special circumstances, such as when the defendant goes into hiding
attachment
Easements attached to a specific parcel of land that transfer with the land; grants the right to use adjoining property
easement appurtenant
Easements granted to a specific individual or business entity rather than attached to the property itself
easement in gross
written documents that typically outline the easement’s terms, location, and purpose. Some go so far as to draw out specific dimensions.
express easement
These easements are created through the continued, uninterrupted, obvious, and adverse—meaning without permission—use of another’s property for many years.
Easement by Prescription
is a parcel of land that is subject to an easement, meaning another property (the dominant estate) has the right to use it for a specific purpose, such as access or utilities.
servient estate
Both parties agree, in writing, to terminate the easement.
Express agreement
The dominant estate owner takes action that shows a clear intent to stop using the easement, such as building a road so there’s no longer a need for an easement across a neighbor’s property.
Abandonment:
If one of the parties buys or otherwise attains the other’s property, the dominant and servient estates are merged and there’s no longer a need for an easement.
merger
If the easement is no longer needed, the easement is terminated. This is similar to abandonment, except that abandonment specifically requires action by the dominant estate’s owner.
Necessity discontinues
