Chapter 10 - Easements and Liens Flashcards
Nonpossessory interest
An interest in property that does not include the right to possess and occupy the property; an encumbrance, such as a lien or easement.
Encumburances
Nonpossessory interest in a property, a lien, easement, or restrictive covenant burdening the title
Easement in gross
An easement that benefits a person instead of land; there is a dominant tenant, but no dominent tenement. For example an easement held by public utilities for commercial purposes like to place power lines on property
Easement Appurtenant
An easement that grants access (Right of Way)
Dominant tenant
A person with easement rights on another’s property; either the owner of a dominant tenement or someone who has an easement in gross
Dominant Tenement
Property that receives the benefit of an appurtenant easement
Servient Tenement
Property burdened by an easement; the owner of the servient tenement (the servient tenant) is required to allow someone who has an easement (the dominent tenant) to use his property pg 169
License
is a temporary, revocable, non-assignable permission to enter another’s land for a particular purpose. A license is similar to an easement because it grants permission to use another’s property. It does not create an interest in property and is not considered an encumbrance
Lien.
is considered to be a financial encumbrance. Liens are typically security for a debt that gives the creditor, or lien holder, the right to foreclose on the debtor’s property if the debt is not paid.
General Lien
Attached to all property, personal and real, owned in the country by the debtor
Specific Lien
Attaches only to specific property
Voluntary Lien
Placed against property with consent of the owner
Involuntary Lien
arise by operation of law without consent of the property owner
Mechanic’s Lien
Claimed by someone who performed work on the real property and was not paid
Judgement Lien
liens against a person’s personal property through court action
