what is the difference between a real covenant, easement, and equitable servituede?
355043
A real covenant and an equitable servitude are basically the same thing: both are a contract that runs with the land, binding the landholders either to do something or refrain from doing something.\n\nA real covenant provides remedies at law, which usually means monetary damages (though other remedies at law are possible, including ejectment or replevin). An equitable servitude provides remedies in equity, which usually means injunctions (though other equitable remedies are possible, including constructive trusts.)\n\nBoth require the landholder who is under the covenant/servitude to follow it: either doing something or refraining from doing something. The other involved parties can enforce the covenant/servitude, but have no other direct rights under it.\n\nAn easement is similar, but different, in that the easement is an actual interest in the land held by someone. Easements appurtenant are held by the adjacent landowner, and usually pass with the land similar to covenants/servitudes. An example would be a right to use a road to cross someone's property, with the right belonging (as a real estate property interest) as part of an adjacent property.\n\nIn contrast, an easement in gross is a personal property right, to make limited use of someone else's property. For example, you can hold an easement in gross to fish in a pond on someone's land, and to cross their property to get to the pond. That right would be held personally by you, even if you didn't own any nearby property, and could be transferable by you just like any other property interest.\n\nThe main difference between a covenant/servitude and an easement is that the covenant/servitude imposes obligations of duty against the landholder affected, while the easements grants rights to the holder of the easement. The other major difference is that the covenant/servitude pretty much always transfers with the property being affected, independent of what happens with neighboring properties, while the easement is itself a separate real estate interest owned (as a right) by someone else.
310276
I have owned both.\n\nMy first home was a condo in Ca.  It was less expensive then a single family residence and I was able to purchase it for less down and ability to qualify.  It gave me time to gain equity through appreciation, ultimately sell to purchase a single family residence.\n\nThe con side would be lack of control.  The homeowners dues increased.  A vote was taken on a special assessment I did not agree with but had to pay anyway.  Noisy neighbors & a legal battle with the developer which was very costly to every owner in the project.\n\nThe positive side as stated above was the ability to get a start.\n\nThe positive side of owning a single family residence is pretty obvious. Complete ownership of both land and home.(with a condo you own your unit and a % of the common areas)\nAbility to landscape using your own creativity.  Unless there are master CC&R's for the neighborhood you have control about exterior color. And typically a single family residence will appreciate at a faster pace than a condominium.  Plus more privacy from neighbors.\n\nThe con side would be constant yard maintance. Yes, that too can grow old.  Responsible for exterior dweling maintance(roof,paint,etc).  Basically responsible for everything having to do with homeownership.  No short cuts here.
774266
This is a lot more complicated than just talking to the neighbor. If you recently purchased the property, you should have had a survey done at the time of the settlement. Either the survey was done incorrectly and did not show the encroachment of the fence, or the title company where you had your settlement done did not review the survey well and missed the encroachment. You have a couple possibilities here: (1) contact your settlement office where you had your closing and ask them to see the survey. They should have actually given you a copy of the document, but maybe they did not. If you can see that there is a visable encroachment noted on the survey, then you need to speak to the attorney that runs the title company and find out how they missed it and see what they can do legally (at their cost) to remedy the problem through the courts. Or (2) If you can see on the survey that there is no visable encroachment then you need to take it up with the surveyor. They have Errors and Omissions insurance which they will appeal to in order to pay the costs and fees that are encompassed in getting this encroachment repaired. Finally, (3) if you purchased owners title insurance at settlement this will cover you as long as there is NO notation of an encroachment on the property. If you bought this policy, it covers you for defects in the title of your property, land encroachments being on of them. If you did not purchase this, you can obviously not use this as a remedy. \n\nGood luck to you. This can often become a battle especially if no one wants to own up to the mistake. I would highly suggest you take these avenues before doing anything confrontational with your neighbor. At the most, maybe just talk to your neighbor and find out if they had a survey done and if their survey shows the boundary lines. Don't cause a problem because land disputes between neighbors almost always escilate to a level that nobody would want to deal with.\n\nGood luck on resolving this one.
1123046
Read the covenants in your hoa documents, that should tell you if they have a right or not.  If it is too technical, consult a real estate attorny, do not rely on advice you get from Y!A.
502478
This refers to an ownership concept rather than a housing style.   Both are owned individually and have\nan association to share the luxuries of maintenance, security, and recreational extras that would cost\nmuch more on an individual basis.  In townhome living, the owner holds title to a parcel of land and\nthe building on the land, exclusive use of their limited common areas, and use of the association\ncommon areas.  As a condominium owner, you receive title to a particular unit defined in the\nassociation documents, and an equal proportionate interest and use of the common areas.
631717
Rational b. Easements have their origin in conveyance or in adverse use. They constitute, when created, property interests. These property interests may be so created as to be appurtenant to the property interests in certain land already had by the one in whose favor the easement was created. If so, they become assimilated to those rights which go to make up the possession of the land to which the easement becomes appurtenant. Having become so assimilated, they thereafter accompany the possession and until intentionally severed therefrom, they become a part of all subsequently existing possessory rights. *** This is true without regard to whether these rights arise by succession to or adversely to the predecessor in possession of the land. *** Whatever produces a succession in the possession of the land produces a succession to the benefits created by the easement (see § 487, Comments a and e).\n\nTherefore, yes, it does.
949914
Was governance turned over to the neighborhood, or was the contractor still in charge of those matters?  Either way, you should have been presented with the covenants.  They are in place for the benefit of your neighbors, not the contractor.  If you plan on deviating from the covenants, at least be a good neighbor and talk with your neighbors about it.  If what you are planning carries any real risk that you might have to incur a significant cost for your planned deviation, then check with a lawyer to see if the covenants are even enforceable.  I know that if they are not worded correctly and handled in the proper way, they may not even be enforceable.  Even so, the good neighbor factor should weigh on your decision.
781981
I don't think so. This type of easement is one that is created by use of the land over time.  There is no formal record of the easement.  I believe it is created by the court when you litigate.\n\nFor example, if you crossed your neighbor's land to reach your house every day for 5 years, and then one day he tried to stop you, a judge could find that your continued and open use of the land for a long time created a prescriptive easement in your favor.  \n\nThe duration requirement varies by state.  \n\nSee an attorney who specializes in property law.
911191
I don't know if the laws vary by state or not, but here's how it works in Texas.  The survey is addressed in paragraph 6-C of the contract.  There are 3 choices.  Choices 2 and 3 require a new survey be ordered at either buyer or seller's expense.  Choice 1 requires that the seller produce their old survey, with a signed affidavit stating that there have been no changes done to the property, within an agreed number of days.  If it's not acceptable to either the lender or title company, then there's a choice as to who will pay for the new one.  The last sentence is a kicker - "If Seller fails to furnish the existing survey or Affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to the Closing Date."\n\nIt's a touchy situation at best, but you need to keep in mind the PURPOSE of the survey.  It's not only to tell you where the fence is - it also tells if there is anything inside of easements (sheds, pools, carports, patios, etc.) if the seller has added anything to the property, then the old survey is no longer an accurate representation of what's there.  The title company is going to insure that you can use the property the way it is, and the lender shouldn't lend unless they know that there is nothing in the easements too.\n\nAlso, if something WAS added to the yard - like a $85,000 inground pool - then YOU want to make sure it's not in any kind of easement.  If it gets past everybody in this sale, and gets caught when you sell, then you will be left keeping the property, or selling at a reduced price.\n\nOne last thing - sometimes the title company will not accept the survey if the copy they have is not signed by the surveyor.  For a fee (less than the cost of a new survey) the original company may sign it for you.  Provided they can verify that no changes have been made.
319248
The equity in real estate is better, since cars are apt to either go missing or be destroyed, making the odds of a repo smaller, whereas a house the odds are much better.\nIt is always on the mind of any lender when making a loan, the "What If" clause if they need to recover their money.\nHope this helps\nJohn
161535
The phrase is adverse possession.  It is, in general simple terms, the principle that if someone exercises rights over a property for a long time, it becomes thiers.  \n\nThe law is different in different states, and complicated.  If you didn't know that the fence line was in the wrong place, it may well not be adverse possession.\n\nI know there are lots of clinics set up to help people with property issues in NYC.  Perhaps you can consult one of those if you don't want to consult a private lawyer.  (I knew someone who found help that way, and found the place through her congressman.)\n\nBut I recommend waiting until she has her survey done before you take irreversible action.
521669
non-exclusive would mean that if the property was to sell (or if the railway itself was to sell but the adjacent property didnt) that the new owner still gets to keep the easement.\nI believe that you will have to keep it in place though, I think the only way to get rid of the easement would be to get the other property owner to relinquish it.
10591
Positive:\n\n- Lower purchase price compaired to single family residence.\n- Usually no exterior upkeep or maintance.\n\nNegatives:\n\n- Monthly assesment to pay for exterior upkeep.\n- Lower appreciation over single family residence.\n- If you factor your total monthly payment including  the monthly assesment, you can buy a higher priced single family residence for about the same monthly payment.\n- Usually no private yard\n- Your assocation makes the rules for complex. (good and bad)
609936
Legally, Tort is a duty of care. For example, if you see an open drain on a pavment and do not do something (tell the local authority) and someone fell down, they could sue you in tort, because you failed in your duty of care.To apply this to your question, an invitee is someone the possesor invites onto the land, a licensee is someone permitted to use the land.Therefore, the posseser has a duty of care. The trespasser was neither invited or licensed. This assumes that the land is fenced off.
140703
It depends on the state law.  In most jurisdictions if two or more people jointly have easement rights, it would require permission from all those who have an interest in order to alter the property in a way that would limit access.  The person who actually owns the land which the easement lies can generally alter it like pave it or something like that so long as they are not disturbing the easement owners access to the right of way.  But - that is just a textbook talking - I would suggest doing a quick yahoo search typing in your state and "property law and easements".  You should be able to find a statute or a website that talks about it - but like I said - every state may be different.
275265
You would do your self a service and save yourself from some potentially costly litigation down the way if you hire an experienced attorney who handles real property disputes.  The attorney will be able to tell you if you have an easement to the driveway - and if you share an easement with your neighbor.  The attorney may also help you discern the pertinent property plats.  \n\nBefore you start buiding fences, consult an expert!
876012
The "essential terms" would vary from contract to contract, but they are just what the name implies.  In a real estate sale, it would be the description of the property being sold, the price, representations and warranties regarding the property, etc.  In an employment contract, it would be the job description (duties, etc.), term of employment, salary and benefits, etc.  It's the narrative - the story of what's going on.\n\n"Consideration" is what each side gives the other.  A house, for a price.  Services (as an employee), for a specified wage.  Etc.  It's the bargain - what you give, what you get.\n\nI really hope this helps.  I'll send you my bill in the mail.  :)\n\nGood luck.