Ch 6 Section 2 Leins and Easements

Question 1

Easements

Answer 1

Are legally enforceable rights to the limited use of another’s land

Question 2

Lien

Answer 2

An encumbrance on title to real estate
- legal right that a creditor has over a debtor’s real and/or personal property that serves as security for repayment of a debt

Question 3

When dealing with liens as encumbrances affecting title, it is necessary to consider:

Answer 3

• priority of liens
• satisfaction of liens
• enforcements of liens

Question 4

3 General classifications of liens

Answer 4

• general or specific
• voluntary or involuntary
• statutory or equitable

Question 5

General lien

Answer 5

Directed against the individual debtor and therefore attaches to all of his property, both personal and real

Question 6

Voluntary lien

Answer 6

Is one entered into by agreement of the parties

Question 7

Involuntary lien

Answer 7

Created by operation of law

Question 8

Statutory lien

Answer 8

A lien that is established by or results from laws passed by the legislature

Question 9

Equitable lien results from:

Answer 9

• A private, written contract that shows an intention to pledge property as security for a debt
• a court decision based on English common law and sense of fairness

Question 10

Common types of liens

Answer 10

• Property tax
• Special assessment
• Federal tax
• Mortgage
• Vendor
• Vendee
• Mechanics
• Judgement
• Attachment
• Lis pendens

Question 11

Property Tax Lien

Answer 11

Are specific, statutory, involuntary , liens filed against real property at the beginning of each tax year

Question 12

Special Assessment

Answer 12

Are specific, statutory, usually involuntary liens filed against those real properties that will benefit from a proposed public improvement

Question 13

Federal Tax

Answer 13

Are general, statutory, involuntary liens imposed for non-payment of federal estates taxes, federal income taxes, or payroll taxes.

Question 14

Personal easements in gross

Answer 14

personal in nature and do not attach to any particular piece of land

• Attaches to a person
• not assignable
• servient estate only
• does not survive death or sale

Question 15

Mortgage

Answer 15

specific, equitable, voluntary liens filed by mortgage against a piece of real property that has been pledge collateral for repayment of a debt.

Question 16

Vendor

Answer 16

Specific, equitable, voluntary liens filed by a mortgagee against a piece of real property that has been pledge as collateral for payment of a debt

Question 17

Mechanic

Answer 17

Specific statutory, involuntary, liens lied against real property by material men or mechanics (laborers) who have supplied materials for or, worked on, improvements, repairs, or maintenance of real property.

Question 18

Judgment

Answer 18

general, statutory, involuntary liens that attach to a debtors real and personal property.

Question 19

Attachment

Answer 19

Legal process involving the seizure of a defendants real and personal property and holding it in the custody of the court as security, while a lawsuit is being decided.

Question 20

Lis piden

Answer 20

an action pending

Question 21

Vendor

Answer 21

Specific, equitable, voluntary liens filed by a mortgagee against a piece of real property that has been pledge as collateral for payment of a debt

Question 22

Easements

Answer 22

Legally enforceable right to use another’s land for some particular purpose, for an ongoing period of time

Question 23

What are the 3 classifications of easements

Answer 23

• easements appurtenant
• personal easements in gross
• commercial easements in gross

Question 24

Dominant

Answer 24

The owner whose land is being used burdened by the easement and is said to hold the servient estate

Question 25

Commercial Easements

Answer 25

gross are property rights held by a business entity - attaches to company - usually assignable -servient estate only - survives death or sale

Question 26

Easements may be created by:

Answer 26

-Express grant - Express reservation - necessity - implication - prescription - agreement - condemnation

Question 27

Express grant easement

Answer 27

Created in writing by the land owner over his own land.

Question 28

Express reservation

Answer 28

Easement may be created by express reservation when a landowner sells a portion of his property to another but reserves an easement over the sold land by lacing a reservation in the deed.

Question 29

Easements appurtenant

Answer 29

give the right of one land owner to use the property of an adjoining landowner for a specific purpose - attaches to land - adjoining to land - dominant & servient estates - survives death or sale

Question 30

Easement of necessity

Answer 30

Created by operation of law rather than by a formal written agreement.

Question 31

Prescriptive easement

Answer 31

Right acquired by an adverse user

Question 32

An easement may be created by :

Answer 32

A written agreement

Question 33

Easements are terminated

Answer 33

- The necessity for the easement no longer exits - the dominant a servient estates are merged - the easements owner (dominant estate) release servient estate - dominant estate is abandoned - servient estate is destroyed and court terminates it