Types of Encumbrances

Question 1

Any claim or lien on the held by another person or entity that limits the owner’s use or decreases the value of the property

Answer 1

Encumberances

Question 2

lien due to a court decree resulting from a lawsuit

Answer 2

Judgement lien

Question 3

Legal notice that a lawsuit is pending that impacts the title of a property and serves as a warning to prospective buyers

Answer 3

Lis pendens

Question 4

IRS will file a general lien against all property belonging to that person for various taxes owed and unpaid

Answer 4

Income tax liens

Question 5

Created by property owner or with the property owner’s consent

Answer 5

Voluntary Lien

Question 6

Property owner dosen’t pay for work that was performed by the worker - the worker can file this type of lien to collect money

Answer 6

Mechanics Lien

Question 7

Created without property owner’s consent

Answer 7

Involuntary Lien

Question 8

Claims against a specific property - identifiable property - most common is a mortgage

Answer 8

Specific / special
Lien

Question 9

Claim against a person and all of that person’s property and occurs as a judgement

Answer 9

General lien

Question 10

Created on the property used as collateral

Answer 10

Mortgage Lien

Question 11

When owner does not pay property taxes and a lien is levied against the property

Answer 11

Property tax lien

Question 12

Mortgages

Answer 12

A type of voluntary lien

Question 13

Property tax, mechanic’s line and judgements are

Answer 13

Involuntary types of liens

Question 14

Can effect the usage of a property and are frequenly permanent

Answer 14

Easements

Question 15

Permanent right to use another’s land for the benefit of a neighbor

Answer 15

Easement oppurtenant

Question 16

Right to use the land and does not necessarily involve adjoining - usually involves utilities

Answer 16

Easement in gross

Question 17

Involves access to a road - owner landlocked without it

Answer 17

Easement by necessity

Question 18

Acquired through years of use - one person acquires perm right to use another’s property by doing so for a period of time

Answer 18

Easement by prescription

Question 19

Easement by prescriptions involves

Answer 19

hostile, open, exclusive and notorious

Question 20

Easement by prescriptions involves

Answer 20

hostile, open, exclusive and notorious

Question 21

Rights to occupy a property

Answer 21

Possessory rights

Question 22

Easements fall into this category

Answer 22

Non-possessory rights

Question 23

Boundary lie separating two properties

Answer 23

Party wall

Question 24

To terminate an easement an owner may

Answer 24

Release it if it is no longer needed

Question 25

To release an easement a dominant parcel can be merged with a

Answer 25

Servient parcel

Question 26

This could terminate an easement if the owner does this

Answer 26

Abandons the easement

Question 27

An easements deadline can

Answer 27

expire

Question 28

Necessity of an easement by necessity can be

Answer 28

Terminated

Question 29

Permission to do something on another’s land without actually possessing any interest or ownership in the land

Answer 29

License

Question 30

Licenses can be renewed or revoked

Answer 30

Any time

Question 31

Licenses can be revoked at any time unless this is specified

Answer 31

Termination Date

Question 32

A license is not assignable or interitable and it is this type of privilege

Answer 32

Temporary

Question 33

Legal notice that a lawsuit is pending that affects the title of a property

Answer 33

Lis Pendens

Question 34

A lien due to a court decree resulting from a lawsuit

Answer 34

Judgement Lien

Question 35

Property encumbered by an easement in gross with entity

Answer 35

Utility company that needs access to powerline that crosses Elizabeth’s land

Question 36

Lien against a specific piece of property

Answer 36

Special Lien

Question 37

Permanent right that runs with the land

Answer 37

appurtenant