RE 310 Principles of Real Estate Private Restrictions on Ownership 1 It s My Property Isn t It a Even someone who holds a fee simple interest in real estate is restricted in what she can do with her property Private agreements and claims may restrict how the property can be used An encumbrance is a right or interest by someone other than the property owner that affects the title or use of real estate b Public regulations and other governmental actions may also limit an owner s use of the property 2 Liens a A lien is a claim or charge against a person s property made to enforce the payment of money Mortgage liens Tax liens Mechanics liens b If the required bills are not paid liens can be used to force the sale of the property Often however liens simply represent a claim on the proceeds from the sale of the property whenever it occurs Liens run with the property and Although a lien is technically an encumbrance on the property the word encumbrance is used to mean the other types of limitations not liens 2 3 Easements a An easement is the right of one person to use the property of another for a specified purpose and under certain conditions that specify the extent of allowable usage Easement in gross Appurtenant easement Appurtenant easements are said to This means that when either my neighbor or I sell the property the b Example 3 c Terminating easements Agreement of the parties Merger of the properties Abandonment of the rights Purpose of easement ceases Excessive use d Other ways someone my use your property An encroachment is of a fixture building or other improvement over a property line A license is to temporarily use the property for a specific purpose Profit a Prendre is non possessory interest in real property that permits the holder to 4 4 Adverse Possession a If an individual takes possession and uses real estate as if it were his own eventually he may file an action in court to claim title through adverse possession To do this the use must be Open and notorious Continuous and uninterrupted Actual and exclusive Hostile and Adverse to the true owner s possession 5 5 Restrictive Covenants a Restrictive covenants are designed to help mitigate spillover effects among properties Positive spillover effects Negative spillover effects b Restrictive covenants set standards for all the parcels within a defined subdivision They usually govern the type height and size of buildings that individual owners can erect as well as land use architectural style construction methods setbacks and square footage Limits on covenants Reasonableness test Legality of restriction c Covenants require private actions by other landowners to enforce If a covenant is not enforced for a long period of time the right can be lost 6