Real Estate

Front 1

in rem legal proceeding

Back 1

legal action to collect taxes, brought against real property.

Front 2

lis pendens

Back 2

pending litigation. legal notice that a lwsuit has been filed concerning the specific property.

Front 3

judgement lien

Back 3

court decree resulting from lawsuit.

Front 4

encumbrance

Back 4

anything that essens the bundle of rights

Front 5

lien

Back 5

claim or charge against the property of another.
voluntary or involuntary

Front 6

writ of attachment

Back 6

court order that prohibits the transfer of the attached property during the litigation.

Front 7

special priority liens

Back 7

mechanic's and materialmen's liens

Front 8

specific liens

Back 8

claims against a specific and readily identifiable property

Front 9

tax lien

Back 9

has priority over all other liens

Front 10

general liens

Back 10

claims against a person and all of his or her property, such as the dispositionfo a lawsuit.

Front 11

subordinate agreement

Back 11

where an earlier lender agrees to give up position to another lender (usually only if lender knows the value can cover it.

Front 12

encroachment

Back 12

intrusion of some structure or object across a boundary line.

Front 13

Mortgage

Back 13

a document pledging a specific property as collateral for payment of a debt.

Front 14

view easement is also called______.

Back 14

easment for light and air.

Front 15

appurtenances

Back 15

inherent and automatic ownership rights that are natural consequences of owning property.

Front 16

easement (right-of-way)

Back 16

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.

Front 17

profit

Back 17

right to take products of the soil from someone else's land, including soil, minerals, or timber. transferable and inheritable.

Front 18

license

Back 18

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.

Front 19

affirmative easement

Back 19

dominant tenent does have the right to physically enter the land of the servient tenement: run with land

Front 20

negative easement

Back 20

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

Front 21

party wall

Back 21

wall shared by two adjoining structures ...crosseasement

Front 22

easements in gross

Back 22

usually owned by the gov., agency, public. Has right to use the land. ex. keyspan

Front 23

easement appurtenant

Back 23

two landlords: one has burden (servient tenenment) and other has benefit (dominant tenement)

Front 24

creation of easement by:

Back 24

grant/reservation, condemnation, prescription, implication, necessity and intent

Front 25

easement by grant (reservation)

Back 25

created with express written agreement of owners, usually in a deed.

Front 26

easment by prescription

Back 26

obtained by use of land w/o owners permission for a legally prescribed legnth of time. (10yrs)

Front 27

easment by necessity

Back 27

when land has no access to roads and is landlocked. Servient tenement may be entitled to some compensation

Front 28

easemnt by condemnation

Back 28

created by the exercise of the government's right of eminent domain.

Front 29

easement by implication

Back 29

based on conduct of parties.
ex. right to dig up minerals

Front 30

termination of easement by:

Back 30

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.