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Details

CA Principles - Ch. 3
Encumbrances
30
Real Estate & Planning
Not Applicable
10/15/2012

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

Easement

Definition

A right, limited to a specific use, that one party has in the land of another

Term
Homestead
Definition
A statutory protection of a home from the claims of certain creditors and jusdgments up to a specified amount.
Term
Encumbrance
Definition
Anything that affects or limits the fee simple title to, or value of, property, e.g., mortgages or easements
Term
Notice of Non-Responsibility
Definition
A notice, recorded and posted by the property owner to relieve them of responsibility for the cost of unauthorized work done on his or her property or materials furnished.
Term
Restriction
Definition
A limitation on the use of real propety. These limitations fall into two general classifications: public and private. Zoning ordinances are public, while a clause in the deed requiring the roof to be made of Spanish red tile would be an example of private limiatation.
Term
Attachment
Definition
The process by which real or personal property is seized by the court for the purpose of assuring payment.
Term
Lien
Definition
A form of encumbrance that usually makes specific property security for the payment of a debt.
Term
Satisfaction
Definition
Discharge of a mortgage or trust deed from the records upon payment of a debt. (Make sure you receive a Deed of Reconveyance to prove that you paid off the deed of trust)
Term
Conditions
Definition
A limiting restriction stating that upon the happening or not happening of some stated event, the estate shall be changed in some manner.
Term
Covenant
Definition
A promise to do or not to do a particular thing.
Term
Defendant
Definition
A person against whom a civil or criminal action is taken.
Term
Mortgage
Definition
An instrument, recognized by law, by which property is hypothecated to secure the payment of a debt. This instrument is not commonly used in California, but is popular on the east coast.
Term
Plaintiff
Definition
In a court action, the one who sues; the complaintant.
Term
Abstract of Judgment
Definition
A recorded document of the essential provisions of a court judgment.
Term
Mechanic's Lien
Definition
A lien, created by statute, which exists against real or personal property in favor of persons who have performed work or furnished materials for the improvement of real property.
Term
Trust Deed
Definition
A legal document by which a borrower pledges certain real property as collateral for the repayment of a loan. In addition to the buyer and seller, there is a third party to the transaction known as a trustee.
Term
Declaration of Homestead
Definition
A formal statement that protects the head of the household from losing the property to the claims of creditors, usually up to a set maximum amount.
Term
Blanket Encumbrance
Definition
A lien, usually a trust deed in California, covering more than one property of the borrower.
Term
Preliminary Notice
Definition
A notice that informs or warns owners, lenders and general contractors that subcontractors have been hired, or materials have been supplied to a particular job site.
Term
Declaration of Abandonment
Definition
A statement declaring the intent to give up a homestead, usually to declare a homestead on a new residence.
Term
Sheriff's Sale
Definition
A court ordered sale of real or personal property by the sheriff pursuant to the execution of a judgment.
Term
Encroachment
Definition
The construction of improvements on the property of another.
Term
Easement Appurtenant
Definition
An easement for the benefit of the owner of an adjacent parcel of land.
Term
Dominant Tenement
Definition
Real property that benefits from an easement.
Term
Writ of Execution
Definition
A writ to carry out a court order, usually arising from a judgment.
Term
Servient Tenement
Definition
A property that is burdened by an easement.
Term
Easement in Gross
Definition
An easement for the benefit of a person or utility company rather than for the benefit of the landowners.
Term
Lis Pendis
Definition
A noticed filed or recorded for the purpose of warning all persons that the title to certain real property is in litigation.
Term
Lien
Definition
A lien such as a tax lien or judgment lien that attaches to all property to the debtor rather than a specific property.
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