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3 Cards in this Set

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  • Back

Lien priority?

First to record , first in right. Some liens have special priority property tax liens and special assessment liens have priority over all other liens against the property.


What is easement?


Servient tenement?

Easement:Non-possessory right to use a portion of another property owners land for a specific purpose.


Servient tenement: purpose of easement dominant: Land benefited easement appurtenant- appurtenant to dominant land and cannot be sold separately from it.

How can easements be created??

1)Easement grant: owner of servient tenement expressly grants someone else the right to use the servient land for some purpose.


2) express reservation: servient tenement expressly reserves the right to use a portion of the servient tenement sell the land but wishes to retain the right to use a private road.


3)implication: an implied easement arises by implication as when a buyer of a parcel of land purchased has no access except over the land of the person from whom the parcel was purchased


4) necessity: court law


5) prescription: when, under what circumstances, one another's land for a statutory period of time w/o permission.