Non- Financial Encumbrances
Terms
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- A right to use another person’s land for a particular purpose.
- Easements
- Does an easement give right of possession?
- "No, only the right of use."
- What are the two types of Easements?
- Easement Appurtenant and Easement in Gross.
- Define Easement Appurtenant
- It burdens one parcel of land for the benefit of another parcel of land.
- Which parcel of land is the Dominant Tenement?
- The parcel with the benefit.
- The parcel that is burdened is called:
- The Servient Tenement
- An easement that benefits a parcel of land is called an easement appurtenant because:
- It goes along with the ownership of the land like other appurtenances.
- Define Easements in Gross.
- It benefits a person rather than a parcel of land.
- Does an easement in gross go with the land?
- "No, since it belongs to an individual and not a parcel of land."
- Does an easement in gross expire?
- "Yes, when the person dies."
- What is the person that owns the easement in gross called?
- The dominant tenant.
- What is the designation opposite of the dominant tenant?
- The servient tenement.
- A dominant tenant can not be:
- Assigned by its owner to a third party.
- Most easements in gross are:
- Commercial Easements
- The most common example of an easement in gross:
- "The Easement held by a utility company, which allows company employees to enter property to install and service the lines."
- Since commercial easements in gross are considered more substantial interest than personal easements:
- They can be assigned from one utility company to another.
- When an owner divides her property and the new owner neglects to give an Express Grant the previous owner has an:
- "Implication easement, as long as it is reasonably necessary for the enjoyment of the property and there must have been apparent prior use."
- When a property owner grants someone else the right to use the property.
- Express Grant
- To comply with all the other requirements for conveyance of an interest in land a grant must be:
- Put into writing.
- "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."
- She needs an express reservation.
- This easement is created through long-term use of land without the permission of the landowner.
- A prescription easement
- What are the requirements for a Prescription easement?
- 1) The uses must be open and notorious (apparent to the landowner)
- "3) The use must be reasonably continuous for a statutory period of time (in Washington, ten years)"
- "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. "
- A Dedication
- "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."
- Condemnation
- When a holder of the easement gives up his rights in the servient tenement.
- The holder will release the easement. Usually with a quitclaim deed
- When a servient tenement buys the dominant tenement’s land that involves the easement.
- This is a merger.
- "If an easement were created for a railroad and the railroad company removed the rails and discontinued it’s use,"
- The easement would be terminated through Failure of Purpose
- An easement can be terminated if the easement holder:
- Abandons it.
- How does a holder abandon an easement?
- Actions are required by the holder indicating an intent to abandon the easement. Mere non-uses is not abandonment.
- A prescription easement can be extinguished if:
- The servient tenant prevents the dominant tenant from using the easement for the statutory period (ten years).
- The right to take something from land belonging to someone else.
- Profits
- This gives verbal permission to make some use of another person’s land.
- A License.
- "A physical object that is wholly or partially on someone else’s property, such as a fence or garage built partially over the property."
- An Encroachment.
- The encroachment may be a trespass:
- If an Encroachment violates the neighboring owner’s right to possession.
- A cort can order an encroachment to be removed through a judicial action called:
- An ejectment.
- When is a court most likely to order the encroacher to pay damages to the neighbor?
- If the cost to remove the encroachment would be too high.
- An activity or condition on neighboring property that interferes with a property owner’s reasonable use or enjoyment.
- A nuisance.
- Common examples of Nuisances:
- "Odors, noises, and interference with communication signals."
- An example of a private nuisance:
- Rotting garbage in a neighbor’s back yard
- An example of a public nuisance
- "Jet noise, and industrial emissions"
- An attractive nuisance:
- "A feature that is dangerous and attractive to children, such as an unfenced swimming pool or construction site."
- Restrictions on the use of a property that were imposed by some previous owner.
- Private Restrictions.
- "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:"
- "CC&Rs, or Covenants, conditions, and restrictions."
- A covenant is a:
- Promise to do or not do something.
- A Condition is a:
- "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)."
- A person violating a covenant:
- "Maybe sued, leading to an injunction, (court order directing owner to comply with the covenant) or payment of damages for failure to comply."
- Breach of a condition:
- Could result in forfeiture of title.
- Who enforces CC&Rs?
- The property owners within a subdivision.
- What happens if the residents have failed to enforce a particular restriction in the past?
- They may no longer be able to enforce it.
- A private restriction will terminate if:
- It’s purpose can no longer be achieved due to zoning changes, or other factors that have dramatically altered the character of the neighborhood.