Encumbrances in Real Property Flashcards

1
Q

what are the types of encumbrances

A

lein
easment
encroachment

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2
Q

A lien levied against real property (e.g., mortgages, mechanic’s liens, and materialmen’s liens)

A

specific lien

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3
Q

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)

A

genreal lein

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4
Q

A lien that is agreed to, such as a mortgage

A

voluntary lein

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5
Q

A lien imposed on a property or person by someone else, such as for nonpayment of taxes

A

involuntary lien

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6
Q

Levied against real property to help fund the cost of a specific improvement (e.g., putting in sidewalks)

A

special assessment lien

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7
Q

When a seller defaults in performing a contract, the buyer has a ______ lien against the property for sale to receive an earnest money reimbursement.

A

vendees

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8
Q

A ______ lien allows a seller to repossess a sold property until the buyer pays the full, agreed-upon purchase price.

A

vendors

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9
Q

A public notice that a legal issue is pending

A

lis pendens

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10
Q

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

A

attachment

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11
Q

Easements attached to a specific parcel of land that transfer with the land; grants the right to use adjoining property

A

easement appurtenant

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12
Q

Easements granted to a specific individual or business entity rather than attached to the property itself

A

easement in gross

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13
Q

written documents that typically outline the easement’s terms, location, and purpose. Some go so far as to draw out specific dimensions.

A

express easement

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14
Q

These easements are created through the continued, uninterrupted, obvious, and adverse—meaning without permission—use of another’s property for many years.

A

Easement by Prescription

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15
Q

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.

A

servient estate

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16
Q

Both parties agree, in writing, to terminate the easement.

A

Express agreement

17
Q

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.

A

Abandonment:

18
Q

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.