CHAPTER 3 PRIVATE RESTRICTIONS OF OWNERSHIP EVEN FEE SIMPLE ESTATES ARE NOT FREE FROM RESTRICTIONS OR OTHER INFERENCES.

ENCUMBRANCES -RESTRICTIONS OR LIMITATIONS ON THE OWNER’S ABILITY TO USE A PROPERTY. LIENS-FINANCIAL SECURITY INTEREST IN A PROPERTY. SPECIAL LIENS MORTGAGES MORTGAGOR-BORROWER MORTGAGEE-LENDER FORECLOSURE MECHANIC’S LIENS GENERAL LIENS JUDGMENT LIENS TAX LIENS

EASEMENTS -A RIGHT TO USE ANOTHER’S PROPERTY TYPES OF EASEMENTS APPURTENANT DOMINANT ESTATE SERVIENT ESTATE EASEMENT IN GROSS CREATION EXPRESS GRANT OR RESERVATION IMPLICATION-EASEMENT BY NECESSITY PRESCRIPTION REAL ESTATE TODAY HIGHLIGHT: PRESCRIPTIVE EASEMENT

Road “Right of way” Lot 2 Lot 1 Express Grant - The owner of the above parcel subdivides into lots 1 and 2. He “grants” the new owner of lot 2 the right of way across lot 1. Express Reservation - The owner of the above parcel subdivides land in lots 1 and 2. He “reserves” the right of way across lot 1 which has been sold.

NATURE OF EASEMENTS PERSONAL RIGHT COMMERCIAL EASEMENTS TERMINATION AGREEMENT MERGER ABANDONMENT LICENSES PROFIT - PROFIT A PRENDRE

ADVERSE POSSESSION REQUIREMENTS TO OBTAIN TITLE BY ADVERSE POSSESSION ACTUAL AND EXCLUSIVE OPEN AND NOTORIOUS HOSTILE CONTINUOUS UNDER A CLAIM OF RIGHT STATUTORY PERIOD ENCROACHMENTS-UNAUTHORIZED INVASION OR INTRUSION OF A FIXTURE, BUILDING OR OTHER IMPROVEMENT ONTO ANOTHER’S PROPERTY.

RESTRICTIVE COVENANTS CREATION REASONABLENESS ENFORCEMENT