easement

A nonpossessory right to use another's property.Easements may be created by express words of grant in a written document, by prescription (unrestricted usage over time resulting in property rights),or by necessity,as when the law will force the grant of ingress and egress rights for landlocked property. Easements are said to be appurtenant or in gross. If appurtenant, then the easement bene fits one property and burdens another one. The property being benefited is called the dominant estate, dominant tenement, or dominant hereditamentthey all mean much the same thing. The one with the burden is called the servient estate, tenement, or hereditament. Easements appurtenant stay with the land, no matter who owns it or how many times the land changes hands. An example is a right-of-way easement. If the easement is in gross, then it is personal to someone and does not benefit a particular property. A common example is a power line easement. The easement stays in effect no matter who owns the land burdened by the easement, but typically expires with the death of the owner of the easement. An easement may not unduly burden the property. Example: A right-of-way easement may have been originally granted so one farmer could cross the property of another to reach another field. Later, one farm is sold to someone who plans to build a 250home subdivision and use the right-of-way as the construction entrance. Courts will not allow this.

judgment creditor
A party to which a debt is owed that has proved the debt in a legal proceeding and that is entitled to use judicial process to collect the debt; the owner of an unsatisfied court decision. A party that wins a monetary award in a lawsuit is known as a judgment creditor until the award is paid, or satisfied. The losing party, which must pay the award, is known as a Judgment Debtor. A judgment creditor is legally entitled to enforce the debt with the assistance of the court.

judgment creditor n. the winning plaintiff in a lawsuit to whom the court decides the defendant owes
money. A judgment creditor can use various means to collect the judgment. The judgment is good for a specified number of years and then may be renewed by a filed request. If the defendant debtor files for bankruptcy, the judgment creditor will have priority (the right to share in assets) ahead of general creditors who are not secured by mortgages or deeds of trust and do not have judgments. However, if the bankrupt person has no assets, this becomes an empty advantage

judgment debtor
A party against which an unsatisfied court decision is awarded; a person who is obligated to satisfy a court decision. The term judgment debtor describes a party against which a court has made a monetary award. If a court renders a judgment involving money damages, the losing party must satisfy the amount of the award, which is called the judgment debt. Such a decision gives the winner of the suit, or Judgment Creditor, the right to recover the debt, or award, through extraordinary means, and the court may help the creditor do so. State law governs how the debt may be recovered. Although the recovery process can be harsh, the law provides the debtor with certain rights and protection.

judgment debtor n. the losing defendant in a lawsuit who owes the amount of the judgment to the
winner.

restriction n. any limitation on activity, by statute, regulation or contract provision. In multi-unit real
estate developments, condominium and cooperative housing projects, managed by homeowners' associations or similar organizations are usually required by state law to impose restrictions on use. Thus, the restrictions are part of the "covenants, conditions and restrictions," intended to enhance the use of common facilities and property, recorded and incorporated into the title of each owner

reservation A clause in a deed of real property whereby the grantor, one who transfers property,
creates and retains for the grantor some right or interest in the estate granted, such as rent or an Easement ,a right of use over the land of another. A large tract of land that is withdrawn by public authority from sale or settlement and appropriated to specific public uses, such as parks or military posts. A tract of land under the control of the Bureau of Indian Affairs to which an American Indian tribe retains its original title to ownership, or that has been set aside from the public domain for use by a tribe

reservation n. a provision in a deed which keeps (reserves) to the grantor some right or portion of the
property. The language might read: "Sarah Sims reserves to herself an easement of access to lots 6, 7 and 8," or "reserves mineral rights," or "except she reserves lot 5."

Covenants, conditions and restrictions

Definition: Covenants, conditions and restrictions are limitations and rules placed on a group of homes by a builder, developer, neighborhood association and / or homeowner association. All condos and townhomes have CC&Rs; however, so do most planned unit developments and established neighborhoods. Some CC&R's involve restrictions that are against the law and unenforceable involving race. These often prohibited sales of property to people who were not Caucasian. They are still in the public records today but are not enforceable. There are social movements across the country to physically remove these documents and rewrite them, rather than leave them in place with the racist and offending verbiage blackened. Some neighborhoods restrict the color you can paint your house, for example. A neighborhood in Huntington Beach, CA, has CC&Rs that demand every house be painted white. CC&Rs can place restrictions of almost any kind of nature, as along as the group writing them agree to it. Always read CC&Rs before buying a home. Ask for a copy. You may find you cannot park your car in the drive for more than two hours or put a basketball hoop in the street. Conformity can be a good thing, but it's not for all people.