Define an Encumbrance and explain the two basic categories of an Encumbrance.

1. Define an Encumbrance and explain the two basic categories of an Encumbrance.
2. Define an Easement and name the 5 ways in which an Easement can be created.
3. Name and describe the 5 ways to terminate an Easement.
4. Describe and give an example of each of the following: Voluntary Lien, Involuntary Lien, General Lien and Specific Lien.
5. Regarding mechanic’s liens; if an owner files a Notice of Completion what is the filing time for the general contractor (for a mechanic’s lien)? For a sub-contractor? And for all mechanics if the owner did not file a notice of completion?

Answer & Explanation
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An encumbrance is a claim, charge, or lien on real property that may reduce the value of the property, or may limit the use of the property. The two basic categories of encumbrances are liens and easements.

An easement is a legal right to use the property of another for a specific purpose. Easements can be created in five ways: by express grant, by implication, by prescription, by estoppel, or b

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Step-by-step explanation
y necessity.

There are five ways to terminate an easement: by express release, by abandonment, by merger, by change in use, or by termination of the servient estate.

A voluntary lien is a lien that is created by the voluntary act of the owner of the property, such as a mortgage or deed of trust. An involuntary lien is a lien that is imposed on the property without the consent of the owner, such as a tax lien or mechanic’s lien. A general lien is a lien that attaches to all of the property of the debtor, such as a judgment lien. A specific lien is a lien that attaches to only a specific piece of property, such as a mortgage.

If an owner files a Notice of Completion, the filing time for the general contractor is 120 days, for a sub-contractor is 90 days, and for all mechanics is 60 days.

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