Encumbrances

Question 1

Encumbrance

Answer 1

Is a charge, claim, or liability on real estate

May reduce a property’s value or place restrictions on how it can be used

Question 2

2 types of encumbrances

Answer 2

1. That affect only title, such as liens and judgements
2. That affect both title and the physical condition of the property, such as easements, encroachments, and deed restrictions

Question 3

Easement

Answer 3

Is the right to use someone’s land

Question 4

Appurtenant Easements

Answer 4

Belong to the land and transfer with the title

Question 5

Easements in gross

Answer 5

Are held by individuals and end on the death of either the party giving the easement or easement holder

Question 6

Positive Easement

Answer 6

Allow a person to use another’s property for some stated purpose

Question 7

Negative Easement

Answer 7

Prevent owner from using the property in some manner

Question 8

Easement can be created by

Answer 8

1. Written agreement
2. Express grant in a deed
3. Express reservation in a deed
4. Condemnation
5. Prescription
6. Necessity

Question 9

Types of termination of Easements

Answer 9

1. Expiration
2. End of purpose
3. Merger
4. Agreement
5. Abandonment
6. Court action

Question 10

Encroachments

Answer 10

Are unauthorized physical intrusions of a building or other form of real property onto an adjoining property

Question 11

Encroachments can be found by

Answer 11

1. Visual inspection of the property

2. A spot survey (shows the location of property improvements and lot lines)

Question 12

Deed restrictions

Answer 12

Are conditions or limitations placed in a deed by the owner when the property is transferred to another party

Question 13

CC&R

Covenants, conditions, restrictions

Answer 13

Are placed in deeds by developers usually affect an entire subdivision

Question 14

Dominant tenement

Answer 14

The parcel of land that benefits from the easement

Question 15

Servient tenement

Answer 15

The parcel of land over which the easement runs

Question 16

Easement by Prescription (prescriptive easement)

Answer 16

Is acquired when a claimant uses another’s land for a period of time as defined by state law.

Requirements

1. Use must be an interrupted use of the property
2. Use must be continuous of the property
3. Use must be visible, open, and notorious use