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| a nonpossessory right or interest in real property held by someone other than the property owner |
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| a creditor who has a lien against (a security interest in) the debtor's property |
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| involuntary liens are AKA: |
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| attaches to all the debtor's property |
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| attaches only to a particular piece of property |
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| a court order directing a public officer (usually the sheriff) to seize and sell property to stisfy a debt |
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directs sheriff to seize enough of defendant's property to satisfy the judgement the plaintiff is seeking
when it is recorded it creates a lien on the property |
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litigation pending / action pending
this is not a lien, but provides constructive notice that there may be a judgement against the property |
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Definition
In WA, only protected against judgement liens (not mortgages, construction liens, child support, etc.)
In WA, exemption amount is $125,000; therefore a judgment creditor cannot foreclose unless the net value of the property is greater than the exemption amount.
Money is protected from creditors for up to 1 year so can reinvest it into a new homestead
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| nonfinancial encumbrances include (3): |
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Definition
1. easements
2. profits
3. private restrictions |
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Definition
| the right to use another person's land for a particular purpose; a nonpossessory interest in land |
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| an easement that burdens one parcel of land (servient tenement) for the benefit of another parcel (the dominant tenement) |
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| an easement appurtenant "____" |
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Definition
an easement that benefits a person rather than a parcel of land
non-assignable, extinguished upon death of dominant tenant |
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| 6 ways to create an easement: |
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Definition
1. express grant
2. express reservation
3. implication
4. prescription
5. dedication
6. condemnation |
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Term
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Definition
creates an easement when a property owner grants someone else the right to use the land
must be in writing w/ all other requirements for conveyance of an interest in land |
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| when the landowner who is conveying a portion of their property reserves an easement in that parcel to benefit the parcel of land that is retained |
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| easement by implication is AKA: |
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Definition
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Term
easement by implication
& its 2 requirements |
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Definition
an easement created automatically because it is necessary for the enjoyment of the benefited land
can be either implied grant or reservation
Two requirements for implication:
1. it must be necessary for enjoyment of property
2. there must have been apparent prior use |
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| requirements for an easement by prescription (3): |
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Definition
1. the use must be open and notorious
2. the use must be hostile
3. the use must be reasonably continous for a statutory period of time (10 years in WA) |
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| an easement created by continuous use for the statutory period, without the landowner's permission |
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| an easement can be terminated by (5): |
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Definition
1. release
2. merger
3. failure of purpose
4. abandonment
5. prescription |
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Definition
a way in which an easement may terminate; it requires action by the easement holder, not simply non-use
ex. a new fence that blocks a former ingress & egress |
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Definition
the right to take something (such as timber) from another's land
must be in created in writing or by prescription; an easement allows use of land while a profit allows for removal of something from the land |
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Definition
revocable permission to enter another's land, which does not create an interest in the property
does not need to be in writing; oral permission is ok; not assignable |
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Definition
| a physical object that is wholly or partyly on someone else's property |
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| tresspass (regarding encroachments) |
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Definition
| an encroachment is a tresspass if it violates the neighboring ornwer's right to possession |
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Definition
| when a court orders an encroachment to be removed through a judicial action |
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| an activity or condition on nearby property that interferes with the property owner's reasonable use and enjoyment of their property |
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| a feature that is dangerous and attractive to children, such as an unfenced swimming pool or construction site |
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covenants, conditions, and restrictions
private restrictions imposed by a subdivision developer |
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| private restrictions are AKA: |
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a restriction on the use of land, the violation of which may result in forfeiture of title
conditions in a deed make the grantee's title conditional so that it is a qualified fee |
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a promise by the landowner to refrain from using her land in a particular manner
a violater may be sued, leading to an injunction (court order directing the owner to comply with the covenant) or to payment of damages for failure to comply |
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Definition
| when both the dominant and servient tenements are acquired by one owner, resulting in termination of the easement |
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