Non- Financial Encumbrances

Front 1

A right to use another person’s land for a particular purpose.

Back 1

Easements

Front 2

Does an easement give right of possession?

Back 2

"No, only the right of use."

Front 3

What are the two types of Easements?

Back 3

Easement Appurtenant and Easement in Gross.

Front 4

Define Easement Appurtenant

Back 4

It burdens one parcel of land for the benefit of another parcel of land.

Front 5

Which parcel of land is the Dominant Tenement?

Back 5

The parcel with the benefit.

Front 6

The parcel that is burdened is called:

Back 6

The Servient Tenement

Front 7

An easement that benefits a parcel of land is called an easement appurtenant because:

Back 7

It goes along with the ownership of the land like other appurtenances.

Front 8

Define Easements in Gross.

Back 8

It benefits a person rather than a parcel of land.

Front 9

Does an easement in gross go with the land?

Back 9

"No, since it belongs to an individual and not a parcel of land."

Front 10

Does an easement in gross expire?

Back 10

"Yes, when the person dies."

Front 11

What is the person that owns the easement in gross called?

Back 11

The dominant tenant.

Front 12

What is the designation opposite of the dominant tenant?

Back 12

The servient tenement.

Front 13

A dominant tenant can not be:

Back 13

Assigned by its owner to a third party.

Front 14

Most easements in gross are:

Back 14

Commercial Easements

Front 15

The most common example of an easement in gross:

Back 15

"The Easement held by a utility company, which allows company employees to enter property to install and service the lines."

Front 16

Since commercial easements in gross are considered more substantial interest than personal easements:

Back 16

They can be assigned from one utility company to another.

Front 17

When an owner divides her property and the new owner neglects to give an Express Grant the previous owner has an:

Back 17

"Implication easement, as long as it is reasonably necessary for the enjoyment of the property and there must have been apparent prior use."

Front 18

When a property owner grants someone else the right to use the property.

Back 18

Express Grant

Front 19

To comply with all the other requirements for conveyance of an interest in land a grant must be:

Back 19

Put into writing.

Front 20

"A landowner sells 10 acres of property along a state highway, but wishes to have access to the land in order to have access to the state highway."

Back 20

She needs an express reservation.

Front 21

This easement is created through long-term use of land without the permission of the landowner.

Back 21

A prescription easement

Front 22

What are the requirements for a Prescription easement?

Back 22

1) The uses must be open and notorious (apparent to the landowner)

Back 23

2) The use must be hostile (without the permission of the landowner)

Back 24

"3) The use must be reasonably continuous for a statutory period of time (in Washington, ten years)"

Front 25

"A private landowner may grant this type of easement to the public to use some portion of her property for a public purpose, such as a sidewalk. "

Back 25

A Dedication

Front 26

"The government may exercise it’s power of eminent domain and take private property to gain an easement for public purpose, such as a road."

Back 26

Condemnation

Front 27

When a holder of the easement gives up his rights in the servient tenement.

Back 27

The holder will release the easement. Usually with a quitclaim deed

Front 28

When a servient tenement buys the dominant tenement’s land that involves the easement.

Back 28

This is a merger.

Front 29

"If an easement were created for a railroad and the railroad company removed the rails and discontinued it’s use,"

Back 29

The easement would be terminated through Failure of Purpose

Front 30

An easement can be terminated if the easement holder:

Back 30

Abandons it.

Front 31

How does a holder abandon an easement?

Back 31

Actions are required by the holder indicating an intent to abandon the easement. Mere non-uses is not abandonment.

Front 32

A prescription easement can be extinguished if:

Back 32

The servient tenant prevents the dominant tenant from using the easement for the statutory period (ten years).

Front 33

The right to take something from land belonging to someone else.

Back 33

Profits

Hint 33

"For example, it might be the right to take timber, peat, or gravel from someone else’s land."

Front 34

This gives verbal permission to make some use of another person’s land.

Back 34

A License.

Front 35

"A physical object that is wholly or partially on someone else’s property, such as a fence or garage built partially over the property."

Back 35

An Encroachment.

Front 36

The encroachment may be a trespass:

Back 36

If an Encroachment violates the neighboring owner’s right to possession.

Front 37

A cort can order an encroachment to be removed through a judicial action called:

Back 37

An ejectment.

Front 38

When is a court most likely to order the encroacher to pay damages to the neighbor?

Back 38

If the cost to remove the encroachment would be too high.

Front 39

An activity or condition on neighboring property that interferes with a property owner’s reasonable use or enjoyment.

Back 39

A nuisance.

Front 40

Common examples of Nuisances:

Back 40

"Odors, noises, and interference with communication signals."

Front 41

An example of a private nuisance:

Back 41

Rotting garbage in a neighbor’s back yard

Front 42

An example of a public nuisance

Back 42

"Jet noise, and industrial emissions"

Front 43

An attractive nuisance:

Back 43

"A feature that is dangerous and attractive to children, such as an unfenced swimming pool or construction site."

Front 44

Restrictions on the use of a property that were imposed by some previous owner.

Back 44

Private Restrictions.

Hint 44

"For example, when selling a house long ago a previous seller might have state in the deed that the poplar trees in the front yard must not be cut down."

Front 45

"Most subdivision developers impose a list of restrictions on all lots within the subdivision, before they begin selling individual lots. This is called a declaration of restrictions called:"

Back 45

"CC&Rs, or Covenants, conditions, and restrictions."

Front 46

A covenant is a:

Back 46

Promise to do or not do something.

Front 47

A Condition is a:

Back 47

"Condition in a deed which makes the grantee’s title conditional, so that he or she owns a qualified fee (rather than a fee simple absolute)."

Front 48

A person violating a covenant:

Back 48

"Maybe sued, leading to an injunction, (court order directing owner to comply with the covenant) or payment of damages for failure to comply."

Front 49

Breach of a condition:

Back 49

Could result in forfeiture of title.

Front 50

Who enforces CC&Rs?

Back 50

The property owners within a subdivision.

Front 51

What happens if the residents have failed to enforce a particular restriction in the past?

Back 51

They may no longer be able to enforce it.

Front 52

A private restriction will terminate if:

Back 52

It’s purpose can no longer be achieved due to zoning changes, or other factors that have dramatically altered the character of the neighborhood.