About This Chapter
Encumbrances in Real Estate - Chapter Summary
There are a myriad of encumbrances associated with real estate. Sometimes they are merely restrictions, and at other times, can actually prohibit a real estate transaction from occurring. In any instance, it is important to be able to identify the restriction and understand its impact on the property and any transactions associated with it. After completing these lessons, you will be familiar with:
- The definition of encumbrance
- Easements: definition, types, how they are created and terminated
- Covenants, conditions, and restrictions in planned developments
- Deed restrictions
- Liens: real estate, judgment, mechanic's, and mortgage
- Homestead exemptions
- Deeds of trust
- Quiet title actions
- Federal, state, and local laws regulating land use
- Zoning codes for land use
- Building codes and environmental regulations
- Regulations for private land use
Brief, engaging lessons help break the information in this chapter into easy-to-digest portions, and our experienced real estate experts provide clear explanations and plenty of examples. The Dashboard tracks your progress through the chapter. Take your time and go over the lessons as many times as you like. The written transcripts are available for each lesson as well and feature keywords in bold for easy look-up. If you have any questions, just ask! Once you think you have mastered the material, take the multiple-choice quiz at the end of each lesson to make sure.
1. Encumbrances: Definition, Types & Importance
It's important to know what encumbrances are on a parcel of real estate before a purchase is concluded. In this lesson, you'll learn what encumbrances are, the different types and how they affect property rights. A short quiz follows.
2. What is an Easement? - Definition & Rights
If you own a piece of real estate, it probably has at least one easement burdening it. In this lesson, you'll learn what an easement is and discover its characteristics and related rights. A short quiz follows the lesson.
3. Easement Appurtenant: Definition, Features & Examples
Sometimes neighboring property owners will have the right to use your property without your consent. In this lesson, you'll learn about easements appurtenant, including their features and some examples. A short quiz follows.
4. Easement in Gross: Definition, Creation & Termination
Different categories of easements may burden a single parcel of property in different ways. In this lesson, you'll learn about easements in gross, including what they are and some of their limitations. A short quiz follows the lesson.
5. Common Types of Easements
How land is used can result in the creation of an easement. Easements often are created to allow use or access to another person's land and can result in the loss of landownership rights. In this lesson, you will learn about common types of easements, some of which benefit both landowners and others that benefit the easement holder.
6. Creating Easements By Express Grant or Reservation
The most common (and perhaps the best) way to create an easement is by express grant or reservation. In this lesson, you'll learn how to do so while avoiding pitfalls that may invalidate a grant or reservation of the easement.
7. Easements By Implication, Prescription, Necessity & Estoppel
While easements are usually granted by way of a signed deed, some easements are created in other ways. In this lesson, you'll learn about easements by implication, prescription, necessity, and estoppel.
8. Termination of Easements: Definition & Methods
Easements can be a real burden on property owners. In this lesson, you'll learn about the different types of termination of easements and how each may occur. You'll also have a chance to reinforce your knowledge with a short quiz.
9. Covenants, Conditions & Restrictions: Definition, Purpose & Limitations
If you own a condominium, a townhouse or even a single-family home in a modern residential real estate development, there's a good chance you're subject to covenants, conditions and restrictions, which you can read about in this lesson.
10. Deed Restrictions: Definition & Limitations
Deed restrictions can be a surprise to an unwary purchaser of real estate. In this lesson, you'll learn about these restrictions and the limit the law imposes upon them. A short quiz follows the lesson.
11. Real Estate Liens: Overview & Characteristics
Liens are one of the most common encumbrances on real estate. In this lesson, you'll learn what a lien is, ways they can be created, lien priority and termination, among other related concepts. A short quiz follows.
12. Lien Enforcement & Right of Redemption
The process of lien enforcement can be complicated. In this lesson, we'll outline the process of non-mortgage lien/non-deed of trust enforcement and the right of redemption relating to real property.
13. What is the Homestead Exemption? - Definition & Importance
If you owe debt to a creditor, they may have a lawful right to take your house. Learn how a homestead exemption works to save your home. Find out more about this real estate concept, which can also be a valuable tool for lowering property tax bills.
14. Lis Pendens & Judgment Liens: Definition & Purpose
The U.S. legal system can affect real estate in many different ways. In this lesson, you'll learn about lis pendens and judgment liens. Take a short quiz following the lesson to test your knowledge.
15. Mechanics' Liens: Definition & Procedure
Owners of newly constructed or renovated homes need to watch out for mechanics' liens. In this lesson, you'll learn what mechanics' liens are, how they attach to property and how to they are removed. A short quiz follows.
16. Mortgage Liens: Definition & Overview
If you are planning to finance the purchase of real estate, you may have to contend with a mortgage. In this lesson, you'll learn what a mortgage is and how it relates to the purchase of real estate. A short quiz follows the lesson.
17. Overview of Common Mortgage Liens Terms
Most first time homebuyers must finance their purchase, and lenders will demand a mortgage over the property being purchased to secure payment of the loan. In this lesson, you'll learn about key terms in a standard residential mortgage.
18. Mortgage Liens: Assignment & Assumption In Sales Transaction
Mortgages are sometimes 'assumed' or 'assigned', which are two distinct concepts. In this lesson, you'll learn about assignments and assumptions of mortgages and the consequences for the parties involved in each. A short quiz follows the lesson.
19. Buying a House: Mortgage Types & Loan Length
In this lesson, we'll discuss the three types of mortgage loans: Federal Housing Authority, conventional, and Veteran's Administration. You'll also learn about the two main repayment options: 15 years and 30 years.
20. What is a Deed of Trust? - Definition & Overview
Many lenders don't utilize mortgages when financing property but rather use deeds of trust. In this lesson, you'll learn what a deed of trust is and be given a general overview of it. A short quiz follows.
21. Quiet Title Actions: Definition & Examples
Sometimes the only way you can resolve a claim against your real estate or fix a defect to its title is by going to court. In this lesson, you'll learn about quiet title actions and how they can be used to resolve claims and cure title defects.
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Other chapters within the Real Estate Exam Prep course
- Forms of Property Ownership
- Land Use & Regulations
- Land Descriptions & Surveys
- Transfer of Real Property
- Fair Housing & Consumer Protection
- Contracts In Real Estate Transactions
- Role of Agencies in Real Estate
- Property Valuation & Appraisal
- Real Estate Investment & Analysis
- Disclosures of Property Conditions
- Real Estate Financing
- Real Estate Closing & Settlement Procedures
- Leases & Property Management
- Principles of Practicing Real Estate
- Real Estate Ethics & Professional Responsibility