Chapter 3

Front 1

Easement Appurtenant

Back 1

An easement for the benefit of the owner of adjacent parcel of land

Front 2

Servient tenement

Back 2

A property that is burdened by an easement

Front 3

Conditions

Back 3

Limiting restrictions stating that upon the happening or not happening of some stated event. The estate shall be changed in some manner

Front 4

Dominant Tenement

Back 4

Real property that benefits from an easement

Front 5

Mortgage

Back 5

An instrument, recognized by law by which property is hypothecated to secure the payment of a debt. This instrument is not commonly used in California that is popular on the East Coast

Front 6

Plaintiff

Back 6

In a court action the one who sues the complaint

Front 7

Trust deed

Back 7

A legal document by which a borrower pledges certain real property as collateral for the repayment of the loan. In addition to the buyer and seller there is a third party to the transaction known as a trustee

Front 8

Encroachment

Back 8

The construction of improvement on the property of another

Front 9

Sheriff sale

Back 9

A court ordered sale of real or personal property by the sheriff pursuant to the execution of a judgment

Front 10

Encumbrance

Back 10

Anything that affects our limits the fee simple title to, or value of the property e.g. Mortgage or easements

Front 11

Attachments

Back 11

The process by which real or personal property is seized by the court for the purpose of assuring payment

Front 12

Abstract of judgment

Back 12

A recorded document of the essential provisions of a court judgment

Front 13

Declaration of Homestead

Back 13

A formal statement that protects the head of the household from losing the property to the claims of creditors, usually up to a set maximum amount

Front 14

Easement

Back 14

A right, limited to a specific use, that one party has in the land of another

Front 15

Covenant

Back 15

A promise to do or not to do a particular thing

Front 16

Specific lien

Back 16

A lien that attaches to a specific property rather than all the property of the debtor

Front 17

Declaration of abandonment

Back 17

A statement declaring the intent to give up a homestead usually to declare a homestead on a new residence

Front 18

Preliminary Notice

Back 18

A notice that forms are wards owners lenders and general contractors that subcontracts have been hired, art materials have been supplied to a particular job site

Front 19

Lis Pendens

Back 19

A notice filed our recorded for the purpose of warning all persons that the title to certain real property is in litigation

Front 20

Easement in gross

Back 20

An easement for the benefit of a person are utility company rather than for the benefit of the adjacent land owners

Front 21

Writ of execution

Back 21

A writ to carry out a court order usually arising from a judgment

Front 22

General lien

Back 22

A lien such as a tax lien our judgment lien that attaches to all property of the debtor rather than a specific property

Front 23

Blanket encumbrance

Back 23

A lien, usually a trust deed in California coming more than one property of the borrower

Front 24

Homestead

Back 24

A statutory protection of a home from the claim of a certain creditor and judgment up to a specified amount

Front 25

Notice of non-responsibility

Back 25

A notice, recorded and posted by the property owner to relieve he or she of responsibility for the cost of an unauthorized work done on his or her property or materials furnished

Front 26

Restrictions

Back 26

A limitation on the use of real property. These limitations fall into two general classification public and private. Zoning ordinance or public, well a clause in the deed required the roof to be made of Spanish red tile would be a private limitation

Front 27

Lien

Back 27

A form of encumbrance that usually makes specific property security for the payment of a debt

Front 28

Satisfaction

Back 28

Discharge of a mortgage or trust deed from the records upon payment of the debt make sure you receive a deed of reconveyance to prove that you paid off the deed of trust

Front 29

Mechanics lien

Back 29

A lien, created by statute, which exists against real or personal property in favor of person who have performed work are furnished materials for the improvement of real property

Front 30

Defendant

Back 30

A person against whom a civil or criminal action is taken

Front 31

Voluntary lien

Back 31

Our money debts that an owner agrees to pay

Front 32

Dominant tenement

Back 32

Is the land that obtains the benefit of an easement

Front 33

Servient tenement

Back 33

Is the land that gives the easement for the benefit of another( use if the land)

Front 34

Police power

Back 34

Public restriction promotes health safety moral and general welfare of the public

Front 35

Involuntary lien

Back 35

Our money obligations that creates a burden on the property by government taxes are legal action because of unpaid bills

Front 36

Mortgage

Back 36

A lien that secures real property for the payment of a promissory note

Front 37

Scheme of improvements

Back 37

This is known as the - A mechanics lien dates back to the beginning of work on a project

Front 38

Special assessment

Back 38

Local improvements are paid by the property owner in a given district to special assessment

Front 39

Judgment

Back 39

Is a court decision determining the right of the party involved and the amount of compensation

Front 40

Abstract of judgment

Back 40

Formal filing of the judgment must be recorded

Front 41

Injunction

Back 41

Is a court order which can restrict a party from doing and ask such as violating private deed restriction

Front 42

Non-money encumbrance

Back 42

Easements, building restriction and zoning, and encroachment

Front 43

Easement Appurtenant

Back 43

Is an easement created for and beneficial to the owner

Front 44

Easements can be created by

Back 44

Deed, implication of law ( implied easement or easement by necessity ) prescription,