Chapter 3.B: Legal Issues - Liens & Easements

Question 1

Something which is outside property itself but belongs to the land and adds to its greater enjoyment such as a right-of-way or a barn or a dwelling.

Answer 1

Appurtenances

Question 2

A parcel of real property that has an easement over another piece of property (the servient estate).

Answer 2

Dominant Tenement

Question 3

A right to cross or otherwise use someone else’s property for a specified purpose.

Answer 3

Easement

Question 4

An easement that benefits the dominant estate and “runs with the land”. In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred.

Answer 4

Easement Appurtenant

Question 5

An easement created by the government or government agency that has exercised its right under eminent domain.

Answer 5

Easement by Condemnation

Question 6

The creation of an easement by one party expressly transferring the easement to another party.

Answer 6

Easement by Grant

Question 7

An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.

Answer 7

Easement by Implication

Question 8

Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

Answer 8

Easement by Necessity

Question 9

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Answer 9

Easement by Prescription

Question 10

A type of negative easement. This easement prevents an adjoining land owner from building any structure that would obstruct the passage of light or air from reaching the dominant land.

Answer 10

Easement for Light & Air

Question 11

An easement that benefits an individual or a legal entity, rather than a dominant estate.

Answer 11

Easement in Gross

Question 12

A building, part of a building, or obstruction which intrudes upon or invades a highway or sidewalk or trespasses upon the property of another.

Answer 12

Encroachment

Question 13

Any right to or interest in the land interfering with its use or transfer, or subjecting it to an obligation.

Answer 13

Encumbrance

Question 14

A lien that attaches to all personal and real property of a person or firm.

Answer 14

General Lien

Question 15

A lien that only binds to a specific asset or property.

Answer 15

Specific Lien

Question 16

A lien imposed against property without consent of the owner, e.g., taxes, special assessments.

Answer 16

Involuntary Lien

Question 17

A contractual or consensual lien that is created by an action taken by the debtor, such as a mortgage loan to buy real estate.

Answer 17

Voluntary Lien

Question 18

Permission granted by a party to another party as an element of an agreement between both parties.

Answer 18

License

Question 19

A legal document, filed in the office of the county clerk giving notice that an auction or proceeding is pending in the courts affecting the title to the property. (Not applicable in commission disputes.)

Answer 19

Lis Pendens

Question 20

A security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.

Answer 20

Mechanic’s Lien

Question 21

An instrument in writing, duly executed and delivered, that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Answer 21

Mortgage

Question 22

A wall built along the line separating two properties, partly on each, which wall either owner, the owner’s heirs and assigns has the right to use; such right constituting an easement over so much of the adjoining owner’s land as is covered by the wall.

Answer 22

Party Wall

Question 23

The intent and right of a person to occupy and/or exercise control over a particular plot of land.

Answer 23

Possessory

Question 24

A term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.

Answer 24

Non-Possessory

Question 25

The right to pass over another’s land pursuant to an easement or license.

Answer 25

Right-of-Way

Question 26

A parcel of real property that is encumbered by an easement of a dominant estate.

Answer 26

Servient Tenement

Question 27

A legal document used to make the claim of one party junior to (or inferior to) a claim in favor of another.

Answer 27

Subordination Agreement

Question 28

A lien imposed by law upon a property to secure the payment of taxes.

Answer 28

Tax Lien