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Questions and Answers
A property owner, Amy, allows her neighbor to use a path across her land to access the main road. Amy later decides to build a fence that blocks this path. Which legal concept is most directly challenged by Amy's action?
A property owner, Amy, allows her neighbor to use a path across her land to access the main road. Amy later decides to build a fence that blocks this path. Which legal concept is most directly challenged by Amy's action?
- Dominant Tenement
- Servient Estate
- License
- Easement (correct)
After failing to pay income taxes for several years, the IRS places a lien on David's house. What type of lien is this?
After failing to pay income taxes for several years, the IRS places a lien on David's house. What type of lien is this?
- Specific Lien
- Mechanic's Lien
- Voluntary Lien
- General Lien (correct)
Two neighboring condominium units share a common wall. Which type of easement is most likely in place to manage the rights and responsibilities associated with this shared wall?
Two neighboring condominium units share a common wall. Which type of easement is most likely in place to manage the rights and responsibilities associated with this shared wall?
- Party Wall Easement (correct)
- Easement by Necessity
- Prescriptive Easement
- Right of Way Easement
A contractor completes renovations on Sarah's house, but Sarah refuses to pay. To recover payment, the contractor files a lien against Sarah's property. After Sarah pays, what documentation must the contractor provide to clear the lien from the public record?
A contractor completes renovations on Sarah's house, but Sarah refuses to pay. To recover payment, the contractor files a lien against Sarah's property. After Sarah pays, what documentation must the contractor provide to clear the lien from the public record?
Maria obtains permission from her neighbor to park her car on a corner of their property for 6 months while her garage is being renovated. What type of agreement is this?
Maria obtains permission from her neighbor to park her car on a corner of their property for 6 months while her garage is being renovated. What type of agreement is this?
A property is subject to a real property tax lien, a mortgage lien, and a mechanic's lien. If all liens were properly recorded, which lien would generally have the highest priority in a foreclosure sale?
A property is subject to a real property tax lien, a mortgage lien, and a mechanic's lien. If all liens were properly recorded, which lien would generally have the highest priority in a foreclosure sale?
A landlocked parcel of land requires access to a public road. Which type of easement would MOST likely be granted to allow the owner of this parcel to cross an adjacent property?
A landlocked parcel of land requires access to a public road. Which type of easement would MOST likely be granted to allow the owner of this parcel to cross an adjacent property?
Which of the following scenarios BEST exemplifies an easement appurtenant?
Which of the following scenarios BEST exemplifies an easement appurtenant?
Which of the following liens is MOST likely to be categorized as a general and involuntary lien?
Which of the following liens is MOST likely to be categorized as a general and involuntary lien?
A contractor performs work on a property, but the homeowner fails to pay. To protect their right to payment, the contractor MOST likely would file which type of lien?
A contractor performs work on a property, but the homeowner fails to pay. To protect their right to payment, the contractor MOST likely would file which type of lien?
A buyer is purchasing a property and wants to verify if there are any outstanding claims or encumbrances against the property's title. What document would BEST provide this information?
A buyer is purchasing a property and wants to verify if there are any outstanding claims or encumbrances against the property's title. What document would BEST provide this information?
Two adjacent property owners share a common wall built on the property line. Both owners have the right to use this wall. This is BEST described as a:
Two adjacent property owners share a common wall built on the property line. Both owners have the right to use this wall. This is BEST described as a:
A property owner allows their neighbor to cross a portion of their land to access a nearby park for over 20 years. The neighbor's use was open, continuous, and without permission. This could lead to the creation of an easement by:
A property owner allows their neighbor to cross a portion of their land to access a nearby park for over 20 years. The neighbor's use was open, continuous, and without permission. This could lead to the creation of an easement by:
Flashcards
Mechanic's Lien
Mechanic's Lien
A lien filed by contractors or suppliers for unpaid work on a property.
Party Wall Easement
Party Wall Easement
An easement shared by adjacent properties, often for a shared wall.
Dominant Tenement
Dominant Tenement
The property that benefits from an easement.
Servient Estate
Servient Estate
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Voluntary Lien
Voluntary Lien
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Real property tax lien
Real property tax lien
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Mortgage lien
Mortgage lien
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Judgment lien
Judgment lien
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Easement in gross
Easement in gross
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Easement by necessity
Easement by necessity
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Easement appurtenant
Easement appurtenant
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Study Notes
- Order of lien importance:
- Real property tax lien due to unpaid State property taxes is first
- Mortgage lien is second
- Mechanic's lien due to an unpaid contractor’s invoice on 9/12/2010 is third
- Judgment lien due to a court settlement on 5/25/2013 is fourth
Easements:
- An easement that benefits an individual or a legal entry, rather than a dominant estate is an easement in gross
- An easement by necessity allows a landlocked property without access to a public way, to cross an adjoining property for ingress and egress
- An easement appurtenant benefits the dominant estate and runs with the land
Liens:
- An involuntary lien is imposed against property without the owner's consent, such as taxes or special assessments
- A voluntary lien is contractual or consensual, created by the debtor's action, like a mortgage loan
- Example of a specific lien: mechanic's lien
- Example of a voluntary lien: mortgage
- Example of a general lien: income tax lien
- A lien takes effect when it is entered into the court record
- A general lien attaches to all personal and real property of a person
- Lien types filed against a property can be found on a title report
Property Rights/Structures:
- A party wall is built along the line separating two properties, partly on each, and either owner has the right to use it
- A servient tenement is encumbered by an easement of a dominant estate
- Easement is granted to a property owner allowing access through another's property without ownership
- Liens are generally prioritized by their filing date
Easements (by type):
- An easement by prescription is implied after hostile, continuous, and open use for a statutory period
- A tax lien is an example of an involuntary lien
- A notice of pendency is an example of a specific lien
- Right-of-way, barn, or dwelling are all examples of appurtenances
- A mechanic's lien was filed against John's house because he didn't pay City Architects for converting his two-family house into a three-family house
- Party wall easement is common among adjoining condominium units
- A dominant tenement has an easement over another piece of property
- In a right-of-way easement, the grantor is known as the servient estate
- Judgement is not an example of an easement
- Stove is not considered an appurtenance
- A mechanic's lien was filed against Anthony's house because he didn't pay City Roofers for roof replacement
- Voluntary lien was filed when Anthony took a second mortgage on his house to pay for his son's college tuition
Miscellaneous:
- A license is permission granted by one party to another as an element of an agreement
- Satisfaction of Judgment is issued and recorded after a lien is paid in full
- Tax lien is an example of a general lien
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Description
Explanation of the order of lien importance including real property tax liens, mortgage liens and mechanic liens. It also defines easements, including easement in gross and easement appurtenant. It distinguishes between voluntary and involuntary liens and include examples.
