Encumbrances

Question 1

Encumbrance

Answer 1

Is any claim right or interest held by one who is not the legal owner of the land and includes deed, restrictions, easements, encroachment, and liens

Question 2

Deed restrictions

Answer 2

Deed restrictions are found in the deed or are recorded separately. Also known as restrictive convenience or declaration of restrictions

Question 3

Private controls

Answer 3

On land, use imposed by developer for the benefit of all owners, such as controls on property usage exterior color number of cars allowed in type of landscaping

Question 4

Easements

Answer 4

An easement is non-possessory right to use another’s property for specific purpose example the property owner cannot interfere in the easement holder specific use easements are recorded in the public record

1.) creation of easements
A. Express grants.
B. Reservations.
C. Condemnation
D. Necessity (Implication)
E. Prescription

Question 5

Easement Appurtenant

Answer 5

A right across one property for benefit of the adjacent property. The easement runs with the land and not the person.

I. It is permanent and created by deed or reservation.
ii. The dominant parcel (dominant tenement) from the maintains the easement
iii. The servient parcel (dominant tenement) has the easement across it
iv. That is made may be for the purpose of ingress and egress, or access to utility

Question 6

Easement in gross

Answer 6

The right or interest of a person to benefit from the use of the land

Question 7

Easement personal

Answer 7

A type of license wear one party has permission to cross or use another property

Question 8

Easement by necessity

Answer 8

Created when the easement indispensable to the dominant tenement

Question 9

Conservation Easement

Answer 9

An agreement that limits certain types of uses or prevents development from taking place on the property while the land remains in private ownership

Question 10

View easement

Answer 10

A right a property owner has in an adjacent property by which the adjacent property or not interference with a view of the easement holder

Question 11

Prescriptive easement

Answer 11

An easement created by an open notorious, hostile and adverse use of another persons land, such as a fence over the property line or a shortcut across another property

Question 12

Adverse possession

Answer 12

A statutory method of acquiring title to order acquiring an interest in the property of another

Question 13

Prescriptive lawsuit

Answer 13

Example of a person, claiming ownership of a property by adverse possession, must take a court action call prescriptive lawsuit to demonstrate that the property was possessed in a manner that was
Notorious
Open
Continuous
Hostile or adverse

Question 14

Adverse possession
When acquiring a property

Answer 14

In Arizona in minimum for 10 years of continuous use as a way to make a claim for prescriptive easement for ownership through adverse possession

Question 15

Termination of easement

Answer 15

And event may be terminated by

1.) Merger - the hold of the easement (dominant tenement) and the owner of the servient tenement become the same person
2.) release- usually with the quitclaim deed
3.) quiet title action- a court action to remove the easement or other cloud on title
4.) failure of purpose- the purpose for which it was created no longer exist
5.) international abandonment.
6.) non-use-only terminates the prescriptive easement

Question 16

Encroachment

Answer 16

An encroachment is a physical trust pass on to someone else’s property, either above below, or on the service