5.EASEMENTS AND LIENS

Brigita Safyra
Mind Map by Brigita Safyra, updated more than 1 year ago
Brigita Safyra
Created by Brigita Safyra almost 6 years ago
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5.EASEMENTS AND LIENS
  1. EASEMENT right to use another persons Real Property for a particular purpose. RIGHT OF WAY (ROW) easement that grants access to property. Can be PUBLIC (power lines..) or PRIVATE (access to landlocked parcel)
    1. EASEMENT IN GROSS specific parcel of land benefits a PERSON or COMPANY.Most commonly held by GOVERNMENT and PUBLIC UTILITIES for commercial purposes.
      1. EASEMENT IN GROSS that belong to companies can be assigned to others.
        1. EASEMENT IN GROSS for non commercial purposes (public beach..)called PERSONAL EASEMENTS IN GROSS may not be assigned to someone else and end when dominant tenant dies.
        2. EASEMENT APPURTENANT two separately deeded parcels that are owned by different parties.This type of easement burdens one piece of land (the SERVIENT tenement) for the benefits of other piece of land (DOMINANT tenement)
          1. CAN BE:
            1. AFFIRMATIVE which allows someone to do something .(cross property to reach property with no road access)
              1. NEGATIVE which prevents someone from doing something (forbidding property owners to do..bla bla)
            2. APPURTENANCES are right that go with the real property so an easement appurtenant is a right that goes with land ownership.Easements run with the land.
              1. EASEMENT BY EXPRESS GRANT landowners divide land and includes deed language ,so the seller retains an easement across his formar land.
                1. EASEMENT BY IMPLICATION created by law when land is divided and there is a long standing apparent use reasonably neccessary for the enjoyment of the land.(Called IMPLIED EASEMENT)
                  1. EASEMENT BY NECESSITY special easement that arises if land would be completely useless without the easement,Even if there is no long standing apparent use.EXAMPLE is LANLOCKED PROPERTY with no access ( if there is another way to reach the property this easement will not be assigned.)
                    1. EASEMENT BY CONDEMNATION occurs through the government power of eminent domain.As eminent domain allows allows the government to take title to private property for a public use ,the same power allows government entities to impose easements upon private property.
                      1. PARTY WALL EASEMENT when a wall is shared between two connected properties.Agreement should be expressed in writing.
                        1. RECORDING EASEMENTS: can be created VOLUNTARLY or INVORUNTARLY
                          1. EASEMENT BY PRESCRIPTION created open notariuous hostile and adverse use of another land.To claim this easement continues use FOR 10 years)
                            1. VOLUNTARLY parties involved should put easement in writing ,should be signed like a deed and should be recorded in PUBLIC RECORDS in the county where property is located.To ensure that anyone who buys the land,has notice of easement.
                            2. ENCROACHEMENT physical object intruding onto a neibhors property.(driveway,tree limb)
                              1. TERMINATING EASEMENTS
                                1. RELEASE document all parties sign releasing the easement holder interest in the property.Should always be recorded.
                                  1. MERGER uniting two or more separate properties by transffering ownership of all properties to one person.
                                    1. ABANDONMENT failure to occupy and use property which may result in loss of rights.
                                      1. PRESCRIPTION loss of easement by prescription occurs after 10 years of non use.
                                        1. FAILURE OR EXPIRATION OF PURPOSE - easement terminates when the purpose for which it was created no longer exists.
                                2. LICENSE temporary revocable non-assignable permission to enter anothers land for a particular purpose.
                                  1. LIENS not only a financial interest in property also a financial encumbrance.LIEN tipically security for a debt that gives the creditor or lien holder the right to forclose on the debtors property if the debt is not paid.
                                    1. GENERAL LIEN wich means it attaches to all property,personal and real,owned in the county by the debtor.
                                      1. SPECIFIC LIEN whitch means it attaches only to a specific property.
                                        1. VOLUNTARY LIENS placed against the property with consent of the owner.Most common forms of voluntary lien is MORTGAGE.
                                          1. INVOLUNTARY LIENS arise by operation of law without consent of property owner.These are created to protect the landowners creditors.
                                            1. MORTGAGES-written instruments that use real property to secure payment of debt.Without debt,there can be no mortgage [VOLUNTARY,SPECIFIC.
                                              1. MECHANICS AND MATERIALMANS LIENS ,liens claimed by someone who performed work on real property and was not paid.[INVOLUNTARY,SPECIFIC]
                                                1. TAX LIENS - liens on property to secure the payment of taxes property taxes created INVOLUNTARLY,SPECIFIC agains real estate.
                                                  1. FEDERAL TAXES unpaid INVOLUNTARY,GENERAL.
                                                    1. ESTATE TAX LIENS when person dies..INVOLUNTARY ,GENERAL
                                                      1. CORPORATION FRANCHISE TAX LIEN - INVOLUNTARY,GENERAL.
                                                  2. JUDGMENT LIENS - liens against a persons property through the court action. [INVOLUNTARY,GENERAL]
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