fundamentals section 3: private limitations on property rights

encumbrance

a claim, limitation, liability or charge attached to real estate. can affect the bundle of rights property owner because they create an interest in the property for the holder

rule or restriction on property that limits what you can do with it, even though you still own it.

easement

non-possessory right to use land owned by another owner. the use can be in the air space, surface,or sub-surface of a property.

• appurtenant

• easement in gross

easement appurtenant

special type of right that lets someone use part of a neighboring property to make their life easier. The two neighboring properties are connected in this agreement, and each has a different role in the easement. - two seperately deeded lots which are next to each other

• servient tenement

• dominant tenement

servient tenement

This is the property that provides the benefit. House B has to let House A’s owners walk across a section of their yard. Since House B has to "serve" House A by allowing this access, it’s called the

dominant tenement

This is the property that benefits from the easement. Imagine the owners of House A have no easy way to get to the main road unless they can walk through a small part of House B's yard. House A gets to use House B's property for access. So, House A is

right of way

— right to travel (across a designated portion of another’s land) for a driveway across one lot (servient tenement) to gain access to an interior lot that has no road access (dominant tenement)

easement in gross

Involves one party having a right to use another’s property for a specific reason, without it being tied to owning any land (like the mail carrier using Emma’s shortcut).

• Mail Carrier (has the right) ↔ Emma’s Property (allows the shortcut)

affirmative easement

a type of easement that gives someone the right to do something on another person’s property.

• Example: Alex has an —— ——, which allows him to walk through Bailey’s yard to get to the street. This means Alex has permission to actively use part of Bailey’s land for a specific purpose.

negative easement

type of easement that prevents the property owner from doing something on their own land that could affect a neighbor's property.

• Example: Bailey has a —— —— that stops Alex from building anything too tall on his property because it would block Bailey’s view of the mountains. In this case, the easement is preventing Alex from doing something (like building tall structures) on his land.

express agreement

within a deed or contractual agreement

reservation in a deed

• Created when the original owner sells the land but reserves certain rights in the deed.

necessity

granted by law because its required for the full enjoyment of a property

prescription

using another’s land for a statutory time period can lead to the courts awarding an “easement by -” the land must be:

• open (observable, well-known to others)

• continuous (uninterrupted)

• notorious (public)

• hostile (adverse to the owner’s interests)

21 years in PA

condemnation

an

implication

is a type of easement that isn’t explicitly written down or agreed upon in a document, but it’s created based on how the land is used or set up. The law assumes that the easement is necessary based on how the property has been used historically or because it’s essential for accessing or using the land.

termination of easments

1. release

2. merger

3. expiration of purpose

4. abandonment

5. expiration of the time period

6. non-use

7. quiet title lawsuit

lien

general lien

specific lien

lien holder

lien priority

voluntary liens

involuntary liens

mortgage liens

real estate tax liens

ad valorem taxes

special assessments

judgement liens

confession of judgement

IRS liens

estate/inheritance liens

corporation franchise tax liens

mechanic liens