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7 Cards in this Set
- Front
- Back
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ENCUMBRANCE |
interest in & right to real prop. that limit's legal owner's freehold interest - doesn't include right of possession but can lead to loss of owner's prop. |
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2 kinds of ENCUMBRANCES |
EASEMENTS - lets others use prop. even if owner doesn't consent LIENS - restricts owner's ability to transfer clear title to others |
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EASEMENT |
- interest in real prop. which gives holder right to use part of legal owner's prop. in a defined way - can apply to surface, subsurface or airspace - must be defined |
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EASEMENTS can allow or disallow use. |
AFFIRMATIVE - allows use (right-of-way) NEGATIVE - prohibits use (can't build bldg which blocks another's ocean view) |
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2 TYPES of EASEMENTS |
APPURTENANT GROSS |
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EASEMENT APPURTENANT |
gives prop. owner a right of usage to part of another's adjoining prop. |
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DOMINANT TENEMENT = |
DOMINANT ESTATE |
