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30 Cards in this Set

  • Front
  • Back
in rem legal proceeding
legal action to collect taxes, brought against real property.
lis pendens
pending litigation. legal notice that a lwsuit has been filed concerning the specific property.
judgement lien
court decree resulting from lawsuit.
anything that essens the bundle of rights
claim or charge against the property of another.
voluntary or involuntary
writ of attachment
court order that prohibits the transfer of the attached property during the litigation.
special priority liens
mechanic's and materialmen's liens
specific liens
claims against a specific and readily identifiable property
tax lien
has priority over all other liens
general liens
claims against a person and all of his or her property, such as the dispositionfo a lawsuit.
subordinate agreement
where an earlier lender agrees to give up position to another lender (usually only if lender knows the value can cover it.
intrusion of some structure or object across a boundary line.
a document pledging a specific property as collateral for payment of a debt.
view easement is also called______.
easment for light and air.
inherent and automatic ownership rights that are natural consequences of owning property.
easement (right-of-way)
nonpossesory interest in land owned by another. They do not own or possess the land where the easement lies, but are allowed ingress and egress.
right to take products of the soil from someone else's land, including soil, minerals, or timber. transferable and inheritable.
permission to do a particular act(S) on another's land without possessing any estate or interest in the land. Not assignable, not inheritable, and is a temporary priviledge.
affirmative easement
dominant tenent does have the right to physically enter the land of the servient tenement: run with land
negative easement
dominant tenent does not have the right to physically cross the land of the servient tenement, but can restrict the some use of the servient tenement;run wuth land
party wall
wall shared by two adjoining structures ...crosseasement
easements in gross
usually owned by the gov., agency, public. Has right to use the land. ex. keyspan
easement appurtenant
two landlords: one has burden (servient tenenment) and other has benefit (dominant tenement)
creation of easement by:
grant/reservation, condemnation, prescription, implication, necessity and intent
easement by grant (reservation)
created with express written agreement of owners, usually in a deed.
easment by prescription
obtained by use of land w/o owners permission for a legally prescribed legnth of time. (10yrs)
easment by necessity
when land has no access to roads and is landlocked. Servient tenement may be entitled to some compensation
easemnt by condemnation
created by the exercise of the government's right of eminent domain.
easement by implication
based on conduct of parties.
ex. right to dig up minerals
termination of easement by:
release of the easement by easement owner, combining the domain and servient lands (merger), abandonment of the easement by easement owner, cease in purpose, and expiration of specified time.