Private Restrictions on Ownership Chapter 3

Private Restrictions on Ownership Encumbrances –Restrictions or limitations on the owner’s ability to use a property Liens –Claim on property as a financial security interest or for fulfillment of a monetary obligation

Private Restrictions on Ownership Special Liens –Mortgages Mortgagor-borrower Mortgagee-lender Foreclosure Mechanic’s liens

Private Restrictions on Ownership General Liens –Judgment liens –Tax liens

Private Restrictions on Ownership Easements –A right to use another’s property in a specified manner Types of Easements –Appurtenant Dominant estate Servient estate –Easement in gross

Private Restrictions on Ownership Creation –Express grant or reservation –Implication - easement by necessity –Prescription (public access) –Run with the Land Termination –Agreement (Temporary Easements) –Merger (Combined) –Abandonment (Unused- Statutory)

Private Restrictions on Ownership Licenses –Revocable personal privilege to use land for a particular purpose (parking, theater seats) Profit - profit a prendre –Non-possessory interest that permits holder to remove specified resources from the land (Coal Mining, Timber Harvesting) Encroachments (Unauthorized – Impvt.)

Private Restrictions on Ownership Adverse Possession –Requirements to obtain title by adverse possession Actual and exclusive (House, fence, maintenance) Open and notorious (Not in secret) Hostile (As if it were your own) Continuous –Under a claim of right (must have a basis) –Statutory period

Private Restrictions on Ownership Restrictive Covenants –Deed Restrictions Creation (separate subdivision restrictions) Reasonableness (racial and age restrictions) Enforcement (damage court enforced)