Review 4

Bundle of Legal Rights

• Occupy, use, improve, explore, utilize, cultivate (farm),mine, drill, build

• Lease, license, restrict use, personal privilege, grant/reserve easement

• Mortgage, encumber, mortgage is a lien right

• Sell, will, devise, gift, dedicate, share, trade, exchange, abandon

• All of the above

INVOLUNTARY General encumbrance

• Mortgage

• IRS Tax liens

• Surety Bail Bond

• Municipal lien - water/sewer

Are all encumbrances liens?

• No

• Yes

• Maybe

• Not Sure

Are all encumbrances easements?

• Yes

• No

• Maybe

• Not Sure

Who has the easement on property?

• Servient Tennent

• Dominant Tennent

An appurtenant easement

• is a utility easment

• is personal priviledge

• is a restriction

• runs with title runs with the land

A license is

• 1 an encumbrance

• 2 an easement

• 3 monetary

• 1 and 2

An easement by necessity

• open, hostile, continuous

• property is landlocked

• over the property line

• personal privilege

Does an easement affect

• title

• property value

• physical use

• all of the above

For the past 30 years, the Stone family has operated a neighborhood grocery store. Last week the city council passed a zoning ordinance that prohibits packaged food sales in the area where the Stone's grocery store is located. The store is now an example of a/an:

• violation of eminent domain.

• illegal enterprise.

• variance of the zoning laws.

• nonconforming use.