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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. |
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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. |
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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. |