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100 Cards in this Set

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Encumbrance
a non possessory interest in real property that is held by someone who is not the owner. Anything that burdens or affects the title or the use of the property.
financial encumbrances
encumbrances which affect the title.
Non-Financial Encumbrances
encumbrances that affect the use of the property, such as an easement, a building restriction, an encroachment, or a lease.
Types of non-financial encumbrances
easements, building restrictions, and zoning requirements and encroachments.
Lien
an obligation to pay a financial encumbrance that may be voluntary of involuntary.
Voluntary Lien
A financial encumbrance created when an owner chooses to borrow money, using the property as security for the loan.
Involuntary Lien
A financial encumbrance placed against property when the owner does not pay taxes or a debt owed.
Specified Lien
A lien placed against a certain property, such as a mechanic's lien, trust deed, attachment, property tax lien, and lis pendens.
General Lien
A lien affecting all property of the owner, such as a judgment lien or federal or state income tax lien.
All liens are encumbrances but ___________________
_________________________ but not all encumbrances are liens.
Trust Deed
A security instrument that conveys naked legal title of real property.
Mechanic's Lien
may be placed against a property by anyone who supplies labor, services, or materials used for improvements on real property and who did not receive payment for the improvements.
Notice of Non Responsibility
A notice posted by the owner upon discovery of unauthorized work on their property. Must be recorded and posted on the property.
Lien having priority over any other liens filed after the commencement of labor or delivery of materials(with the exception of government liens like taxes).
A mechanic's lien has priority over
Tax Lien
Goes against the property when government taxes, such as income or property taxes, are unpaid.
Special Assessments
are levied against property owners to pay for local improvements, such as underground utilities, street repair, or water projects.
Lis Pendens(pendency of action)
a recorded notice that indicates pending litigation affecting the title on a property. Clouds the title.
Attachment Lien(writ of attachment)
The process by which the court holds the real or personal property of a defendant as security for a possibe judgment pending the outcome of a lawsuit. Valid for 3 years, does not terminate on death.
A Judgment
the final determination of the rights of parties in a lawsuit by the court.
Abstract of Judgment
A summary of the court decision. When it is recorded it is a general lien on all non-exempt property owned or acquired by the judgment debtor for 10 years in the county in which it is filed.
Execution Sale
A court ordered sale property to satisfy a judgment.
Writ of Execution
Issued to order an execution sale.
Easement
The right to enter or use someone else's land for a specified purpose.
Ingress
The right to enter onto a property using an easement
Egress
The right to exit a property using an easement.
Easement In Gross
An easement with no dominant tenement, the most common type of easement.
Appurtenant Easement
An easement which automatically goes with the sale of the dominant tenement. The deeds do not need to mention them for them to be valid.
Servient Tenement
The land giving the easement, or being used as an easement.
Dominant Tenement
The land receiving the benefit of an easement.
License
Permission to use property, may be revoked at any time. Not an easement.
Easements are recorded
The dominant tenement records it.
Express Grant
The servient tenement grants the easement this way, or by deed.
Express Reservation
How the seller of a parcel who owns adjoining land reserves an easement or right of way over the former property. Created at the time of sale with a deed or express agreement.
Implied Grant or Reservation
The existence of an easement is obvious and necessary at the time a property is conveyed, even though no mention is made of it in the deed.
An Easement by Necessity
Created when a parcel is completely land locked and has no access. Automatically terminated when another way to enter and leave the property becomes available.
Prescription
The process of acquiring an interest, not ownership, in a certain property.
Easement by Prescription
An easement created by continuous and uninterrupted use, by a single party, for a period of five years. Must be against owner's wishes, open and notorious.
Requirements for Terminating an Easement
ADAM E. LEE
Abandonment
Destruction of the servient tenement
Adverse possession
Merger
Express release
Legal proceedings
Estoppel
Excessive
Abandonment
The obvious and intentional surrender of an easement. Non-use: If the prescriptive easement is not used for a period of five years, the easement is terminated.
Destruction of The Servient Tenement
If the government takes the servient tenement for its use, as in eminent domain, the easement is terinated.
Adverse Possession
The owner of the servient tenement may, by his own use, prevent the dominant tenement from using the easement for a period of five years, terminating the easement.
Merger
If the same person owns both the dominant and servient tenements, the easement is terminated.
Express Release
The owner of the dominant tenement is the only one who can release an easement. A usual way would be to sign a quitclaim deed.
Legal Proceedings
In order to terminate an easement, the owner of the servient tenement would bring an action to quiet the title against the owner of the dominant tenement.
Quiet Title Action
A lawsuit to establish or settle title to real property.
Estoppel
A legal doctrine which prevents a person from denying something to be true or a fact which is contrary to previous statements made by that person.
Restriction
A limitation placed on the use of property, usually to assure that land use is consistent within a certain area.
Private Restrictions
Placed by a present or past owner and affect only a specific property or development.
Zoning(public restriction)
Government restrictions that benefit the public.
CC&Rs
Covenants, Conditions, and Restrictions.
Declaration of Restrictions
Gives each owner the right to enforce the CC&Rs.
Covenant
A promise to do or not do certain things.
Injunction
A court order forcing a person to do or not do an act.
Condition
Mostly the same thing as a covenant, a promise to do or not do something(usually a limitation on the use of the property) except the penalty for breaking a condition is return the property to the grantor.
Condition Subsequent
A restriction placed in a deed at the time of conveyance for future use of the property. Upon breach of the condition subsequent, the grantor may take back the property.
Condition Precedent
Requires that a certain event, or condition, occur before title can pass to the new owner. Must be taken care of preceding the transaction.
Public Restrictions
Primarily zoning laws which promote public health or general public welfare.
Non-conforming use
Legal use of property that at one period was established and maintained at the time of its original construction but no longer conforms to the current zoning law.
Grandfather Clause
An expression used in law that permits the continuation of a use or business to proceed because the current law denies permission.
Variance
An allowable difference to the zoning laws for a structure or land use. May be granted to someone who petitions to use property in a way that is currently prohibited by zoning laws.
Encroachment
A permanent improvement, such as a fence, wall, driveway or roof, that extends over the lot line into adjacent property owned by another.
Homestead Property
The home(primary residence) occupied by a family that is exempt from the claims of, or eviction by, unsecured creditors.
Homestead Exemption
A lien that protects a certain amount of equity in a person's home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judgment.
A Homestead Declaration
A declaration of homestead is a recorded notice a property owner files to protect the equity in his or her real property. Only protects real property.
Abandonment of Homestead
Must be filed in order to obtain a homestead on a new property.
Will
An instrument disposing of property after death.
Testator
A person who makes a will.
Testate
When a person dies leaving a valid will.
Intestate
When a person dies not leaving a will.
Devise
A gift of real property by will.
Bequest(legacy)
A gift of money or personal property by will.
Codicil
A change in will before the maker's death.
Witnessed Will
A will usually prepared by an attorney and signed by the maker(testator) and two witnesses.
Statutory Form Will
A "fill in the blanks" will created to meet the requirements of Probate Code 6240.
Holographic Will
A will written entirely in the handwriting of the testator(maker) and is dated and signed by the testator.
Probate
The legal process to prove a will is valid. Held in superior court.
Executor or Executrix
A person named in a will to represent and handle the estate of the deceased.
Administrator or Administratrix
Someone appointed by the court to administer an estate when there is no will.
Succession
The legal transfer of a person's interest in real and personal property under the laws of descent and distribution.
Intestate Succession
When a person inherits property as a result of someone dying without a will.
Accession
A process by which there is an addition or reduction to property by the efforts of natural forces.
Accretion
The gradual and imperceptible ADDITION of land to a parcel by the natural deposition and accumulation of alluvium(alluvion) upon the bank of a stream or rivery.
Alluvium
The gradual build up of soil.
Alluvial Deposit
Sand or mud, carried by water and deposited on land.
Reliction
The process of land adjacent to a watercourse covered by water becoming uncovered because of receeding water. A slow and imperceptible recession and the recession must be permanent.
Erosion
The gradual wearing way of land by natural processes of water, wind, or glacial ice. The opposite of accretion.
Avulsion
The process by which the action of water causes a sudden, perceptible loss of OR addition to land. Original landowner has 1 year to claim land lost to avulsion.
Adverse Possession
The ability to obtain title by occupying land for a statutory time period without the permission of the owner. Land cannot be publically owned.
Requirements to Acquire Ownership through Adverse Possession
Open possession(some assertion of control, such as fencing or use)
Notorious possession(i.e., such as reasonable owner of the property would recognize)
Continuous for a five year time period
Pay property taxes on property for the five years.
Hostile(not with owner's permission)
Adverse to a claim of right(adverse possessor must claim title)
Must also file a lawsuit to QUIET TITLE against person who owned property.
Alienated
To transfer, convey, or sell property to another. The act of transferring ownership, title, or interest.
Private Grant
When a written instrument is used to transfer title.
Real property may be transferred(alienated) in these 4 ways.
Private grand, public grant, public dedication, or operation of law(court action).
Instrument
A Formal legal document, such as a contract, deed, or will.
Grant Deed
The most frequently used instrument in California to transfer title of real party. Parties involved are the grantor and grantee.
A grant deed must contain
A grant clause and two implied warranties by the grantor.
Implied warranties of a grant deed.
The grantor has not already conveyed title to any other person.
The estate is free from encumbrance other than those dislosed by the grantor.
Et Ux.
Meaning "and wife" on a grant deed.
Ficticious Business Name(or assumed name)
A business name other than the name of the person who has registered the business. Example:
Bill Hernandez, DBA"South Coast Peroperty Management"
The purpose of recording a deed.
Protecting the chain of title is the purpose of
Chain of Title
A sequential record of changes in ownership showing the connection from one owner to the next.