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?
When one adverse claimant transfers possession to another adverse claimant to allow the second to meet the required period culminating in title.
What is tacking possession?
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?
The lien expires unless a claim is filed in the superior court clerk's office of the county where the property is located within this number of days after final completion of the work or furnishing of the last item of material.
What is 90 days?
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?
The acts of possession must be of such open, public, and [ ] as would be calculated to attract his attention in the exercise of ordinary vigilance. [Hint: the first part of Christopher Small's rapper name.]
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?
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? O.C.G.A. 44-5-30.
Except in cases of color of title, this number of years must be accompanied by possession of such character as will pass title out of the true owner into the adverse claimant.
What is twenty years? O.C.G.A. 44-5-163
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 real estate broker may only file a broker's lien for this kind of property.
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? O.C.G.A. 44-5-39
While permissive use will not vest title, however long continued, it may result in this kind of easement after seven years.
What is a prescriptive easement?
Where the landlord allows the premises to become unfit for use and unreparable 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?
This gives an easement holder the right to prohibit the owner of a servient estate from using his own property in a specified manner.
What is a negative easement?
The concluding paragraph of the deed of which the following is the usual form: “In witness whereof the said party of the first part has hereunto set his hand and affixed his seal, and delivered these presents, the day and year above written.”
What is the testimonium?
Adverse possession of personal property (title to personal property by prescription) only requires continuous possession for this number of years. (Hint: You may hear this on the golf course if a ball is coming your way.)
What is four?
As opposed to an estate for years, this has been referred to as merely a license in real property, which is 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 usufruct?
Latin for "no goods," a form of return by a sheriff or constable upon an execution when the judgment debtor has no seizable property within the jurisdiction; allows a judgment creditor to renew a judgment lien for another 7 years.
What is a nulla bona?