Easements
An easement expressly agreed upon by contract between a landowner and another.
What is:
An express easement?
An instrument which merely releases to the grantee without warranty all the right, title or interest of the grantor in the land described.
What is:
A quitclaim deed?
A grantor warrants they have and can convey title
What is:
Seisin
Where no time is specified for the termination of a tenancy, the law construes it to be this kind of tenancy.
What is:
A tenancy at will?
Charge or claim against property to enforce payment and can lead to an Interest in ownership
What is:
A Lien
The parcel of real property that has an easement over another piece of property.
What is:
The dominant estate?
This deed contains a guaranty or assurance of title by the grantor.
What is:
A warranty deed?
Regarding Adverse Possession, the acts of possession must be of such
open, public, and [ ] as would be calculated to attract attention in the exercise of ordinary vigilance.
What is:
Notorious? [Notorious B.I.G.]
A tenant who holds over after the termination of a lease.
What is:
A tenant at sufferance or holdover tenant?
A lis pendens becomes effective at this time.
What is:
Upon its filing in the office of the superior court clerk?
(pending legal actions or formal notice)
The parcel of land that is subject to an easement.
What is:
The servient estate (or servient premises or servient tenement)?
To record a deed, the deed must must be attested by this number of witnesses.
What is:
One witness and one notary?
Information available through diligent inquiry
What is:
Constructive Notice
This landlord duty cannot be transferred to the tenant in a residential lease but can be transferred in a commercial lease.
What is:
The duty to repair?
A General Tax & Principal source of revenue for local government
What is:
Ad Valorem Tax (property tax)
An easement benefiting a particular person and not a particular piece of land.
What is:
An easement in gross?
When a grantee accepts a deed, he is bound by the these contained in the deed even though the deed has not been signed by him.
What are:
The covenants or C C & R's ?
While permissive use will not vest title, however, long continued, it may result in this kind of easement after 21 years.
What is a prescriptive easement?
Where the landlord allows the premises to become unfit for use and un-reparable without unreasonable interruption of the tenant's occupancy.
What is a constructive eviction?
A notice of lis pendens entry ceases to operate when this has been rendered.
What is a final judgment?
Two parties own adjacent parcels of land and create an “Easement by Necessity”:
What is:
An Appurtenant Easement
The clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee and usually begins with the words "to have and to hold".
What is:
Habendum clause
Odorless and tasteless, impossible to detect without testing. Guidelines state that a measurement of this substance above 4 picocuries should be remediated.
What is:
Radon
As opposed to an estate for years, this has been defined as ‘authority to do a particular act or series of acts on land of another without possessing any estate or interest therein.’
What is:
A License?
These factors are use to achieve uniformity & used to raise or lower assessments.
What is:
An Equalization Factor