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2015-05-19 17:27:20
principles chapter3
REPrinciples chapter 3
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  1. encumbrance
    anything that burdens the owner's title with a  legal obligation
  2. dominant tenement
    the property that benefits from the use of the easement
  3. servient tenement
    the property subject to the easement
  4. party wall
    a dividing partition between two adjoining buildings that is shared by the tenants of each residence or business
  5. easement appurtenant
    the easement is considered real property and stays attached to the property in the event of a sale or another title transfer
  6. easement in gross
    easements that do not have a dominant tenement
  7. creation of an easement
    • 1. deed (most common)
    • 2. necessity (landlocked)
    • 3. dedication (public access)
    • 4. condemnation (public access; eminent domain)
    • 5. prescription (four requirements)
  8. termination of an easement
    • 1. merger/title¬†
    • 2. quiet title (court proceedings)
    • 3. deed (most common)
    • 4. abandonment (formal filling)
    • 5. nonuse (prescriptive easement)
  9. covenant
    promise or an agreement on the part of the individual accepting to do or not do certain things
  10. condition
    a restriction that places a limitation on the grantee's ownership
  11. public restrictions
    restrictions imposed by the government
  12. encroachment
    the wrongful construction of a building or an improvement on or over the land of another
  13. lien
    money encumbrance
  14. voluntary lien
    freely accepted by the property owner (mortgage or deed)
  15. involuntary lien
    one imposed by law that the owner does not freely accept (mechanics' liens, tax liens, attachments, and judgment liens)
  16. general lien
    lien that applies to all the property of an owner, unless exempt by law (income tax and judgment lien)
  17. specific lien
    lien against a particular singe piece of property (mortgages, trust deeds, taxes on real property and mechanics' liens
  18. Mechanics' lien
    any qualified mechanic who does not receive payment is allowed by California State Constitution to dil a lien against the specific property upon which work was done; must be based on a valid contract, written or verbal, between the claimant and the owner or the owner's general contractor
  19. notice of completion
    filed by the owner or the general contractor within 10 days of completing the project, must show the date of the completion, the name and address of the owner, the nature of the interest or setae of the owner, a description of the property, and the name of the contractor (if any)
  20. notice of nonresponsibility
    must be filed by a landlord within tan days of the date of discovery of work ordered by a tenant, notifying workers that the tenant is financially responsible
  21. attachment
    a legal process whereby property, personal or real, is seized pending the outcome of a court action
  22. judgment
    a decision of the court as a result of a lawsuit
  23. writ of execution
    the court orders the sheriff to seize and sell the property to satisfy the judgment
  24. homestead
    a personal dwelling
  25. six-month rule
    with a valid declaration of homestead the owner has six months in which to invest his or her equity money in a new home