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5_.EASEMENTS AND LIENS
- 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)
- EASEMENT IN GROSS specific parcel of
land benefits a PERSON or
COMPANY.Most commonly held by
GOVERNMENT and PUBLIC UTILITIES for
commercial purposes.
- EASEMENT IN GROSS
that belong to
companies can be
assigned to others.
- 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.
- EASEMENT IN GROSS
that belong to
companies can be
assigned to others.
- 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)
- CAN BE:
- AFFIRMATIVE which
allows someone to do
something .(cross
property to reach
property with no road
access)
- NEGATIVE which
prevents someone
from doing something
(forbidding property
owners to do..bla bla)
- AFFIRMATIVE which
allows someone to do
something .(cross
property to reach
property with no road
access)
- CAN BE:
- 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.
- EASEMENT BY EXPRESS GRANT landowners divide land
and includes deed language ,so the seller retains an
easement across his formar land.
- 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)
- 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.)
- 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.
- PARTY WALL EASEMENT when a wall is shared between
two connected properties.Agreement should be
expressed in writing.
- RECORDING EASEMENTS: can be created VOLUNTARLY or
INVORUNTARLY
- EASEMENT BY PRESCRIPTION created open notariuous hostile
and adverse use of another land.To claim this easement
continues use FOR 10 years)
- 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.
- EASEMENT BY PRESCRIPTION created open notariuous hostile
and adverse use of another land.To claim this easement
continues use FOR 10 years)
- ENCROACHEMENT physical
object intruding onto a
neibhors
property.(driveway,tree limb)
- TERMINATING EASEMENTS
- RELEASE document all parties sign releasing the easement
holder interest in the property.Should always be
recorded.
- MERGER uniting two or more separate properties by
transffering ownership of all properties to one person.
- ABANDONMENT failure to occupy and use property
which may result in loss of rights.
- PRESCRIPTION loss of easement by prescription occurs after
10 years of non use.
- FAILURE OR EXPIRATION OF PURPOSE - easement
terminates when the purpose for which it was created no
longer exists.
- FAILURE OR EXPIRATION OF PURPOSE - easement
terminates when the purpose for which it was created no
longer exists.
- PRESCRIPTION loss of easement by prescription occurs after
10 years of non use.
- ABANDONMENT failure to occupy and use property
which may result in loss of rights.
- MERGER uniting two or more separate properties by
transffering ownership of all properties to one person.
- RELEASE document all parties sign releasing the easement
holder interest in the property.Should always be
recorded.
- LICENSE temporary
revocable non-assignable
permission to enter anothers
land for a particular purpose.
- 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.
- GENERAL LIEN wich means it attaches to
all property,personal and real,owned in
the county by the debtor.
- SPECIFIC LIEN whitch
means it attaches only to
a specific property.
- VOLUNTARY LIENS placed
against the property with
consent of the owner.Most
common forms of voluntary lien
is MORTGAGE.
- INVOLUNTARY LIENS arise by
operation of law without
consent of property
owner.These are created to
protect the landowners
creditors.
- MORTGAGES-written
instruments that
use real property to
secure payment of
debt.Without
debt,there can be
no mortgage
[VOLUNTARY,SPECIFIC.
- MECHANICS AND MATERIALMANS LIENS ,liens
claimed by someone who performed work on real
property and was not paid.[INVOLUNTARY,SPECIFIC]
- TAX LIENS - liens on property to secure the
payment of taxes property taxes created
INVOLUNTARLY,SPECIFIC agains real estate.
- FEDERAL TAXES unpaid INVOLUNTARY,GENERAL.
- ESTATE TAX LIENS when person dies..INVOLUNTARY ,GENERAL
- CORPORATION FRANCHISE TAX LIEN - INVOLUNTARY,GENERAL.
- CORPORATION FRANCHISE TAX LIEN - INVOLUNTARY,GENERAL.
- ESTATE TAX LIENS when person dies..INVOLUNTARY ,GENERAL
- FEDERAL TAXES unpaid INVOLUNTARY,GENERAL.
- JUDGMENT LIENS - liens against a persons property
through the court action. [INVOLUNTARY,GENERAL]
- GENERAL LIEN wich means it attaches to
all property,personal and real,owned in
the county by the debtor.
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