Types of Encumbrances Flashcards
A permanent right to use another’s land for the benefit of a neighboring parcel
Easement appurtenant
This type of easement is terminated when the reason for the easement no longer exists, such as when a new road is built that reaches a previously landlocked parcel.
Easement by necessity
This type of easement is the right to use the land of another and does not involve any adjoining estate. Utility companies often make use of these easements.
Easement in gross
A permanent right to use another’s property because you’ve been doing so for a statutory period of time
Easement by prescription
Shared between two buildings and constructed on the boundary line between two owner’s lots
Party wall
Rights to occupy the property
Possessory
Easements fall into this category of rights.
Non-possessory
When a building, shrub, fence, etc., illegally crosses over into another’s property. Can lead to a claim of adverse possession or an easement by prescription.
Encroachment
Not classified as an encumbrance, this is a temporary right to enter the land or use property belonging to another for a specific purpose.
License
A limitation on a property title, such as a lien or easement
Encumbrance
Three common types of encumbrances
Lien, easement, encroachment
What’s the difference between a voluntary and involuntary lien?
A voluntary lien is a debt that’s agreed to, such as a mortgage or other loan; an involuntary lien is imposed onto the debtor by someone else, such as for nonpayment of taxes
What’s usually the order of lien priority?
Real property tax liens and special assessments, mechanic’s liens, and then all others, usually according to filing date
What’s the difference between an easement appurtenant and an easement in gross?
An easement appurtenant is attached to a specific parcel of land and transfers with the land; an easement in gross is granted to a specific person or business entity rather than attached to the property itself
CC&Rs
Covenants, conditions, and restrictions are the usage limitations imposed on owners/shareholders of a community housing, such as a homeowners association, cooperative, or condominium association.
