chapter 4

Question 1

dominant tenant

Answer 1

a person with easement rights on another’s property; either the owner of a dominant tenement or someone who has an easement in gross

Question 2

dominant tenement

Answer 2

property that receives the benefit of an appurtenant easement.

Question 3

easement

Answer 3

a nonpossessory interest on property that grants someone the right to use another person’s real property for a particular purpose.

Question 4

easement appurtenant

Answer 4

the right acquired by the owner of one parcel of land to use anther adjacent land for a specific purpose. there must be two tracts of land, one becomes the dominant tenement (that benefits from the easement) and the other becomes the servient tenement.

Question 5

easement by prescription

Answer 5

an easement created by open and notorious, hostile and adverse use of another person’s land for specific period of time determined by state law. perceptive use does not have to be exclusive (the owner may be using the property, too) and the user does not acquire title property.

Question 6

easement in gross

Answer 6

an easement that benefits a person or company, rather than benefiting another parcel of land.

Question 7

encumbrance

Answer 7

any claim, lien, charge, or liability that affects or limits the fee simple title to real property

Question 8

general lien

Answer 8

a lien against all property of a debtor, instead of a particular piece of property

Question 9

involuntary lien

Answer 9

a lien that arises by operation of law without the consent of the property owner

Question 10

judgement lein

Answer 10

a recorded claim against another for a wrongful act, as ordered by a court (often for money owed) the result of a judgement lein can be forced public sale of real estate

Question 11

license

Answer 11

revocable, non- assignable permission to enter anther person’s land for a stated purpose.

Question 12

mechanics lien

Answer 12

a specific lien claimed by someone who performed work on the property (construction, repairs, improvements) to secure the amount of charges. this term is often used in a general sense, referring to broker liens or materialman’s liens as well as actual mechanical liens.

Question 13

runs with the land

Answer 13

rights, conditions, or restrictions that are associated with the property as opposed to the individual who owns it. they pass from owner to owner when the land is conveyed; an appurtenance

Question 14

servient tenant

Answer 14

the owner of a servient tenant, that is someone whose property is burdened by an easement.

Question 15

appurtenant

Answer 15

pertaining to something that attaches. In real property law this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbor’s parcel, or a covenant (agreement) against blocking the neighbor’s view.

Question 16

servient tenement

Answer 16

property burdened by an easement; the owner of ther servient tenement (servient tenant) is required to allow someone who has an easement (dominent tenant) to use their property.

Question 17

special assessment

Answer 17

a tax levied against only properties that benefit from a public improvement (ex. sewers, or streetlights) to cover cost of the improvement; creates a special assessment lien )an involuntary, specific lien

Question 18

specific lien

Answer 18

a lien that attaches to only a particular parcel of property.

Question 19

tacking

Answer 19

successive periods of use or possession by more than one person that are added together to equal the number of years required under state law for an easement by prescription or adverse possession.

Question 20

lien

Answer 20

a non possessory interest in property giving a lien holder the right to foreclose if the owner does not pay a debt owed to them.

a right to keep possession of a property belonging to another person until the debt owned by theother person is discharged.