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31 Cards in this Set
- Front
- Back
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Easement |
Is a right to use another person's real property for a particular purpose with limited rights. |
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Easement In Gross |
Government or Utility use |
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Easement Appurtenant |
Private |
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Easement Dominant |
Gets |
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Easement Servient |
Gives |
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Easement Affirmative |
Do |
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Easement Negative |
Not Do |
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Test question: * ABC Utility is digging up private land, what kind of easement do they have? |
In gross |
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Question on Test:
* Sam can drive on Pam's land. What kind of easement does Sam have? |
Sam has three types: Appurtenant / Dominant / Affirmative |
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Eminent Domain easement |
Gov't doesn't need to own the property, rather they need to use a portion. ie take a portion of the land to make a fire lane to get to beach. |
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On Test: What is a party wall easement, aka cross easement? |
ie Shared driveway |
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Recorded Easement |
Can be: a. Spoken b. In contract c. Seperate document |
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How to terminate easements: |
a. Court Order b. Release (stating I don't want to use anymore) c. A purchase or merger c. Abandonment / Prescription (stop usage for 10 years) d. Court action |
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Easement by prescription |
created by open & notorious, hostile & adverse use of another person's land. open & notorious = obvious use; unconsealed. hostile & adverse = w/o owner's consent; against owner's interests |
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Encroachment |
Tresspass by a thing |
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Encumberance |
A situation that "weighs down" or complicates ownership and makes the RE hard to sell |
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Marketable Title |
a property with few or no encumberances |
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School Test Question: When wheat has been cut and taken to the flour mill, what kind of property is it? |
Personal property or Chattel* or Personalty |
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Personalty |
1 owner |
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Chattel |
Any property that is moveable and not fixed to land |
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Question on test * In foreclosure, which lien gets paid 1st? |
RE Tax |
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* What is the most common lien? |
Mortgage |
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Define Lien |
Debt |
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General lein |
All Assets: income tax; court |
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Specific lein |
RE only: RE tax, Mortgage |
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*Mechanics Lien |
lien claimed by someone who performed work on real property and was not paid Must be filed within four months of the labor was completed for single-family residential; eight months for other property. good for one year and renewable |
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License |
is temporary, revocable non-assignable permission to enter another's land for a particular purpose
unlike easements, does not create interest in property and is not considered an encumberance |
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What is an easement by implication? |
created by law |
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What is an easement by necessity? |
illustrates a strict need to access real estate because there are no other means |
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What is a voluntary lien? |
a mortgage or home equity line of credit. |
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What is an involuntary lien? |
created to protect landowner's creditors i.e. unpaid property tax |
