This site is 100% ad supported. Please add an exception to adblock for this site.

Non- Financial Encumbrances


undefined, object
copy deck
A right to use another person’s land for a particular purpose.
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."
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.
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.

Deck Info