Liens And Easements Flashcards
What are the two basic types of easement and how are they different?
Appurtenant and gross
easement appurtenant gives a property owner a right of usage to portions of an adjoining property owned by another party. The property enjoying the usage right is called the dominant tenement, or dominant estate
An easement in gross is a personal right that one party grants to another to use the grantor’s real property.
What is a common example of an easement by necessity?
The need for access to a property so that it is not landlocked
How are easements created?
Voluntary action Necessity Prescriptive operation of law Grant or reservation Implication Government power of eminent domain (condemnation) End of Page
Define encroachment and give an example.
An encroachment is the unauthorized, physical intrusion of one owner’s real property into that of another. An example would be a driveway extending beyond the lot line onto the neighbor’s land.
How is a license different from a personal easement in gross?
A license may be informal and is revocable at any time. Revocation of a personal easement in gross may require the death of the grantee or express release of the easement by the grantee.
How are the two types of deed restrictions created?
A deed condition is created in the transfer documents. A deed covenant is created by mutual agreement of the owner and others.
Most liens do not convey ownership. What is the one exception to that rule?
A mortgage lien conveys legal title to the
What type of lien takes priority over all other liens?
Real property tax lien
What factors determine lien priority?
The lien’s categorization as superior or junior
The date the lien was recorded
How can the priority order of a junior lien be changed?
A lienor can change the priority of a junior lien by voluntarily agreeing to subordinate, or lower, the lien’s position in the hierarchy.
What is a judgment lien and how long does it last?
A judgment lien results from a lawsuit. It attaches to real and personal property as a result of a money judgment issued by a court in favor of a creditor. It lasts for ten years and can be renewed.
The two general types ofencumbranceare those that affect…
legal ownership, value and transfer, and those that affect the property’s use
Define easement
a non-possessory interest in property owned by someone else. The affected area must be defined. One cannot own an easement over one’s own property.
How is an easement appurtenant affected by a property transfer?
Easement appurtenant rights and obligations automatically transfer with the property upon transfer of either the dominant or servient estate, whether mentioned in the deed or not
What are the rights of a servant tenement in an easement appurtenant?
Non-Exclusive Use - The servient tenement may use the easement area, provided the use does not unreasonably obstruct the dominant use.
What is required for an easement by necessity?
a common grantor and a “reasonable necessity” - not for convenience.
Easement rights do not exist for access to..
Light and Air.
This must be requested by the property owner and be in writing.
What is a party wall?
A common wall shared by two separate structures along a property boundary.
Define Easement in Gross
a personal right that one party grants to another to use the grantor’s real property.
The
right does not attach to the grantor’s estate.
What is the difference between a personal and commercial easement in gross?
Personal - granted for the grantee’s lifetime.
Commercial - granted to a business entity rather than a private party. The duration is not tied to anyone’s
lifetime.
An easement may be created by:
Voluntary Action Necessity Prescription- -Adverse and hostile use; -Open and notorious use; -Continuous use (ten years). Also: Grant Implication Condemnation
Easements terminate by:
Express release of the right Merger Purposeful abandonment Condemnation Change or cessation of the purpose Destruction Non-use
Encroachments often do not appear on:
the property’s title records.
How can an owner respond to an unwanted encroachment?
sue for removal or compensation for damages.
Licenses are not _____and do not ____.
transferable & attach to land
what is a deed restriction with examples?
a limitation imposed on a buyer’s use of a property:
A developer may place restrictions on all properties within a recorded subdivision plat.
A condition can only be created within a transfer of ownership. A covenant can be created by mutual
agreement.
What is a lien? And what are the main elements of as lien?
an encumbrance that restricts the free and clear ownership of the property
A lien does not convey ownership, with one exception.
A lien attaches to the property.
A property may be subject to multiple liens.
A lien terminates on payment of the debt and recording of documents.
A property owner may create a voluntary lien to…
borrow money or some other asset secured by a mortgage
What determines an involuntary lien?
A legal process
What is the difference between a statutory and equitable lien?
If statutory law imposes an involuntary lien, the lien is a statutory lien. If court action imposes an involuntary lien, the lien is an equitable lien.
What is the difference between a general and specific lien?
A general lien is one placed against any and all real and personal property owned by a particular debtor.
A specific lien attaches to a single item of real or personal property, and does not affect other property owned by
the debtor.
What is the difference between a superior and junior lien and what factors determine lien priority?
Superior liens receive payment before junior liens.
Categorization (jr or sr) and date of the lien was recorded.
What is an ad valorem tax lien?
An annual lien that local tax authorities place against properties as security for payment
of the annual property tax
Who installs assessment liens and why?
Local authorities to ensure payment for local
improvement projects.
When does an inheritance tax lien happen?
They arise from taxes owed by a decedent’s estate.
Superior liens in their rank order include:
Real estate tax liens
Special assessment liens
Federal estate tax liens
State inheritance tax liens
Inferior liens in their rank order include:
Federal income tax liens State corporate income tax liens State intangible tax liens Judgment liens Mortgage liens Vendor's liens Mechanic's liens (priority by date work was performed)
A judgment lien attaches to real and personal property as a result o
a money judgment issued by a court in favor
of a creditor
What must a credit obtain to force the sale of a property to collect debt
Writ of execution
What must a debtor obtain to clear a title record?
Satisfaction of judgement
Who would obtain a writ of attachment? Why?
A plaintiff creditor to prevent the debtor from selling property
What estates are exempt from judgement liens?
Homestead and joint tenancy estates
Judgment liens take priority based on
the date the judgment is recorded in the county clerk’s office.
What does a vendor lien secure?
secures a purchase money mortgage, a seller’s loan, to a buyer to finance the sale of a property.
Who places a vendors lien?
A buyer
Why is a vendors lien placed?
may be placed by a buyer when the seller has not delivered the title after all other terms of the
contract have been satisfied.
What is a utility lien?
A municipality may place a utility lien against a resident’s real property for failure to pay utility bills.
A surety bail bond lien is recorded if
the owner can prove that he has a net worth of at least twice the amount of
the bail.
What is a wage lien?
If an employer owes back wages to an employee, a wage lien can be set against all real and personal property of
the employer.
What does a mechanics lien cover?
Labor, materials, and supplies incurred in the repair or construction of real
property improvements.
