LEVEL 2

Question 1

WHAT IS AN ENCOMBRANCE?

Answer 1

NON-POSSESSORY INTEREST IN A PROPERTY

Question 2

ENCOMBRANCE EXAMPLES

Answer 2

Easements

Liens

Deed restrictions

Clouds on titles

Question 3

WHAT IS THE MOST COMMON FINANCIAL ENCOMBRANCE ON A PROPERTY?

Answer 3

LIEN

Question 4

WHAT IS AN EASEMENT?

Answer 4

NON-POSSESSORY INTEREST ON A PROPERTY WHICH GIVE SOMEONE THE RIGHT TO USE A PORTION OF A PROPERTY FOR A SPECIFIC USE/PURPOSE LIMITED TIME EX SHARED DRIVEWAY

Question 5

WHAT IS A LIEN?

Answer 5

claim or charge against property, usually as security for a debt.

Question 6

WHAT ARE DEED RESTRICTIONS?

Answer 6

TYPE OF ENCOMBRANCE: limitations that control the land’s use

Question 7

TYPE OF ENCOMBRANCE THAT LIMIT HOW A PROPERTY IS USED AND DEVELOPED

Answer 7

DEED RESTRICTIONS=RESTRICTIVE COVENANT

Question 8

WHERE ARE EASEMENTS FOUND?

Answer 8

COUNTY RECORDS

Question 9

WHAT IS CLOUD ON A TITLE?

Answer 9

A DISPUTE ON A CLEAR TITLE

Question 10

EXAMPLE OF CLOUD ON A TITLE?

Answer 10

FRAUD
DIVORCE
LIEN
FORECLOSURE
OWNER DIES W/O PROBATED WILL

Question 11

WHY IS A LEASE CONSIDERED AN ENCOMBRANCE?

Answer 11

A lease is an encumbrance because the party residing on the property does not own the title to the property. In other words, the owner’s (or, the lessor’s) use of the property is significantly limited. the owner can’t just go hang out in the home even though they own it.

Question 12

WHAT IS ENCROACHMENT?

Answer 12

physical property that crosses the boundary into a neighboring landowner’s property.

such as a fence, tree, or driveway) crosses the property boundary into an adjacent property. It’s a physical intrusion on someone else’s property without direct permission.

Question 13

MOST COMMON ENCROACHMENT

Answer 13

FENCE

Question 14

SECOND MOST COMMON ENCROACHMENT

Answer 14

DRIVEWAY THAT CROSSES EDGE OF SOMEONELSE’S PROPERTY

Question 15

SOLUTIONS TO ENCROACHMENT

Answer 15

1. TALK TO NEIGHBOR AND ASK TO MOVE ENCROCHMENT. NEIGHBORS AGREE
2. NEIHBHOR DECIDE TO BUY THE PIECE OF LAND INVOLVED IN ENCROACHMENT
3. COURT-LAWSUIT

Question 16

HOW ARE ENCROACHMENTS IDENTIFIED?

Answer 16

THROUGH A SURVEY

Question 17

WHAT IS A SURVEY?

Answer 17

DOCUMENT THAT INCLUDES

1. BOUNDARIES OF THE PROPERY
2. ENCROACHMENT
   3.EASEMENTS

Question 18

WHAT IS The revocable and temporary permission to use someone else’s property for a specific purpose

Answer 18

LICENSE

Question 19

CONSTRUCTIVE VS ACTUAL NOTICE

Answer 19

CONSTRUCTIVE: DUE DILIGENCE BY CHECKING PUBLIC RECORDS

Question 20

IMPLIED EASEMENT

Answer 20

CREATED BY OPERATION OF LAW

Question 21

EASEMENT NOTED IN DEED

Answer 21

EASEMENT BY EXPRESS GRANT

Question 22

Easement appurtenant

Answer 22

applies to the land regardless of the owner.

Question 23

Easement in gross

Answer 23

applies to the person or entity, not the specific land.

Question 24

AFFIRMATIVE VS NEGATIVE EASEMENTS

Answer 24

AFFIRMATIVE (YES) GIVES THE RIGHT TO DO …
NEGATIVE PROHIBITS FROM DOING…

Question 25

WHAT TYPE OF EASEMENT REMAINS VALID EVEN WHEN OWNERSHIP CHANGES?

Answer 25

EASEMENT APPERTUNANT

Question 26

EASEMENT THAT PERTAINS TO THE LAND NOT THE OWNERS

Answer 26

EASEMENT IN APPERTUNANT

Question 27

WHAT TYPE OF EASMENT MUST BE RENEGOTIATED UPON SELLING OF A PROPERTY?

Answer 27

EASEMENT IN GROSS

Question 28

EASEMENT BY NECESSITY

Answer 28

EASEMENT NEEDED B/C NO OTHER WAY

Question 29

HOW LONG MUST A LAND/PROPERTY BE USED W/O OWNER'S PEMISSION TO GET EASEMENT BY PRESCRIPTION?

Answer 29

AT LEAST 10 YRS

Question 30

WHAT ARE THE CRITERIA FOR EASEMENT BY PRESCRIPTION?

Answer 30

1. KNOWN TO OWNER 2. AT LEAST 10 YRS 3 NO PERMISSION BY OWNER

Question 31

WHAT IS TITLE BY PRESCRIPTION?

Answer 31

SOMEONE MAY CLAIM A LAND/PROPERTY AFTER USING/LIVING ON IT FOR 10 YRS WITH KNOWLEDGE OF OWNER BUT WITHOUT PERMISSION

Question 32

ADVERSE POSSESSION WHAT IS IT?

Answer 32

SOMEONE LIVING ON A PROPERTY ILLIGALLY FOR 10+YRS MAY CLAIM IT AND BE GRANTED OWNERSHIP IF OWNER IS AWARE NAD HAS NEVER GIVEN PERMISSION TO USE IT

Question 33

TITLE BY PRESCRIPTION VS EASEMENT BY PRESCRIPTION

Answer 33

FIRTS; GRANTS ACCESS OR USE OF PROPERTY/LAND VS GRANTS OWNERSHIP

Question 34

OTHER NAME FOR ADVERSE POSSESSION

Answer 34

TITLE BY PRESCRIPTION

Question 35

PRIVATE PROPERTY IS TAKEN FOR PUBLIC USE

Answer 35

EASEMENT BY CONDEMNATION

Question 36

WHAT TYPE OF EASEMENT ALLOWS GOVT TO TAKE A PRIVATE PROVERY TO EXPAND RADS OR ELECTRIC LINES

Answer 36

EASEMENT BY CONDEMNATION

Question 37

WALL SHARED BY 2 SEPARATE PROPERTIES

Answer 37

PARTY WALL

Question 38

HOW CAN EASEMENT BE TERMINATED?

Answer 38

1. ABANDONMENT 2. COURT 3. MERGER 4. PRESCRIPTION 5.RELEASE 6. EXPIRATION OF PURPOSE

Question 39

GENERAL LIEN

Answer 39

lien for which the real estate AND personal property may be sold to satisfy the debt.

Question 40

SPECIFIC LIEN

Answer 40

LIEN THAT APPLY TO CERTAIN PROPERTY ONLY

Question 41

WHAT IS AN INVOLUNTARY LIEN?

Answer 41

obtained through a government law without the owner's consent.

Question 42

INVOLUNTARY LIENS EXAMPLES

Answer 42

JUDGEMENT LIENS AND REAL ESTATE TAX LIENS

Question 43

WHAT ARE VOLUNTARY LIENS?

Question 44

MOST COMMON VOLUNTARY LIENS

Answer 44

MORTGAGE