Encumbrances - Key Terms

Question 1

Acquiring title to land because of a long-term, open, and notorious use of the land. The required time in Arizona is 10 years

Answer 1

Adverse Possession

Question 2

A legal agreement whereby a property owner voluntarily or permanently limits the use of the land to protect its conservation value

Answer 2

Conservation Easement

Question 3

In agreement, as in a legal contract

Answer 3

Covenant

Question 4

Private limitations on the use of property, contained in the deed as a means of controlling the quality or character of a subdivision or specific piece of property

Answer 4

Deed restrictions

Question 5

Property that receives the benefit of an appurtenant easement. Also called dominant parcel

Answer 5

Dominant tenement

Question 6

The non-ownership right acquired by a person to use the land of another for a specific purpose. An easement is irrevocable and creates an interest in the property

Answer 6

Easement

Question 7

The right acquired by the owner of one parcel of land to use the adjacent land of another for a specific purpose. There must be two tracts of land. One tract is called the dominant tenant (the tract that benefits from the easement). The other tract is called the servient tenant (the tract that is burdened by the easement)

Answer 7

Easement appurtenant

Question 8

An easement given to a landlocked owner by the court system to provide a way of ingress and egress for the landlocked land

Answer 8

Easement by necessity

Question 9

An easement that benefits a person or company, rather than benefiting another parcel of land; can be personal or commercial

Answer 9

Easement in gross

Question 10

A type of license where one party has permission (license) to cross or use another’s property

Answer 10

Easement personal

Question 11

The unauthorized intrusion of a fixture or real property improvement onto the property of another (IE A fence that extends over the property line into a neighbor’s property)

Answer 11

Encroachment

Question 12

Any claim, lien, or liability that clouds the title to real property but does not prevent its conveyance

Answer 12

Encumbrance

Question 13

Gaining the right to use another’s property through adverse, long-term use. In Arizona, this requires 10 years of adverse use. Also called Easement by Prescription

Answer 13

Prescriptive easement

Question 14

Property burdened by an easement; the owner of the servient tenement is required to allow someone who has an easement (the dominant tenant) to use his property. Also called Servient Parcel

Answer 14

Servient Tenement

Question 15

A negative easement that allows a dominant tenement to prevent the subservient tenement from doing something on the land because it could affect the dominant land. Also called Easement for Light and Air

Answer 15

View Easement