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It depends on the lien, the easement, and the owner's intent for the property. Typically, a lien doesn't impede the owner's enjoyment of property rights unless and until the owner wishes to sell. At the point, either the lien must be satisfied by the seller or the property must be sold subject to the lien; in either case, the net monetary return to the seller will be diminished by the amount of the lien. By contrast, an easement essentially allows another entity the right to restrict the owner's use of the portion of the property covered by the easement. If the landowner sells, the land property is sold subject to the easement and the new owner continues to be subject to the easement rights.
What else can I help you with?
What does release of tax lien mean?
Tax liens are usually placed on property creating an encumbrance on the property. The result is that once the property is sold the profits from the sale must first go to satisfied the lien holder with the balance going to the seller. Generally speaking if a tax lien is released then the property, personal or real is free of any attachments. Tax lien is a public record and all creditors will be notified about the tax debt. If you have a tax lien, you may be not able to make any big purchases. A tax lien may have a negative influence towards your business. Generally, "release a tax lien" = " resolve your tax debt". Of course, a tax lien can be released automatically within ten years if a new tax lien is not filed. For more information of how to release tax lien, you can check the related links.
Does an easement devalue your property?
It depends on the easement and the type of property. As a rule, easements lower the value of the realty because granting an easement cedes one or more of the "bundle of rights" of absolute unencumbered ownership (fee simple title). As such, an easement reduces the rights of the property owner and therefore devalues the property. In some cases easements can enhance the property by providing access to an otherwise landlocked parcel or utility services to potentially residential property; in such a case an easement can enhance property value by providing access or allowing a higher level of development and a correspondingly higher value.
Can a lien on one property be enforced on a different property?
That all depends on the type of lien. You will need to add more details.
Easement was given 20 years ago on a property we just purchased can i build a wall on the other side of the easement line?
Your question requires a lot more detail. Generally, you cannot build a wall that would restrict access to the area of the property subject to the easement. An easement allows people other than the owners of property to use the property for a specific purpose (commonly easements are granted to give neighboring property owners access to a road). If you recently purchased the property subject to the easement you are not allowed to build a wall which would restrict the easement owner's access to the property.If you are asking if you can construct a wall on the other side of an easement upon property you do not own, the answer is no. You have the right of egress and possibly to maintain it, but does not give you the right to construct a wall on the ajoining property outside of the easement which you do not own.See discussion page.
Your neighbor is trying to claim easement through all the exisiting roads on your property in tne 18 years that he has owned his property he has never used them he has a r-o-w on the main road does he?
There are many reasons your neighbor might have an easement over one or more roads on your property. Once that easement has vested (he owns it), he has no particular obligation to exercise it, but must protect it from being revoked by others. However, in many cases the neighbor is completely mistaken that he has any property right in the easement at all, having once used the roads with the owner's permission, and that license was simply terminated. Question whether the neighbor would have any proof of ownership of the easement, if you were to file a lawsuit to quiet title.
Can you put a lean on someones property if they owe you money?
If you bought the property then you are the owner. You cannot put a lien on your own property. If you need to add more details please use the discussion page.
Can a creditor put a lien on the property you just sold?
Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.Your lien would be ineffective if the debtor no longer owns the property. If the property was foreclosed- the debtor no longer owns the property.
What happens to to second lien if borrower defaults on first lien?
It may be accelerated and payable from the excess proceeds of the auction held by the first lienor in foreclosure, if there is any excess. --- improve the answer: If seond lien is not a superior lien (e.g. Tax lien is superior than MGT lien), when the first lien is foreclosured the second lien will be washed out --- Not exists any more. However, a superior lien, even a second lien, will still survive the foreclosure process which means the property owner (who has bought the property during foreclosure) still needs to pay.
Can more then one lien be filed on same property?
Sure they can, as many as can be filed. There is no limitation as to how many liens can be filed against one piece of property.
What could a encumbrance be?
It is a weight or burden that makes movement more difficult. Can also refer to another person that is causing difficulties, such as: "Your lateness at work is becoming an encumbrance for the company."
Can the lien against my property be released when the the original owner apparently with a tax debt died.?
Assuming you are talking about an IRS lien, then yes. If you were not liable for the taxes, then the lien should not be on your property. The first thing to determine is whether or not the lien actually attached to your property. If the previous owner of the house owned the house at the time the lien was filed, then the lien probably legally attached to the house. If this is the case, this is something you should take up with the title company that did the title work when you purchased the house. More common is that the IRS filed a lien and the address they had on record was still his old house (your house). Just because the lien had that address on it doesn't mean you have a lien on your house. If the property wasn't his, then it did not legally attach. If a title company still has issues with this (if you are trying to sell your house), you may need to get a Certificate of Non-Attachment from the IRS to show them that it's not attached.
Can a property be deeded with a lien on the property?
No, before real property can be sold or transferred the title must be clear of liens. Liens can be voided or waived if they were placed on property that is found to be exempt under state law. It is not unusual in TBE states for a lien to be placed against real property but such a lien is not enforceable and can and should be lifted.AnswerYes, it may. Technically speaking, a property may be conveyed even with a lien on it. Liens do not prevent conveyances; however, the lien goes along with the property. If you buy a house with a lien on it you could be forced to pay the lien even though the debt secured by the lien is not your debt. You would then be able to sue the person that sold you the house to recover your losses. ClarificationThe purpose of recording a lien in the land records is to notify the world that a creditor has an interest in the property. Of course there is no police officer standing at your shoulder preventing you from conveying your property in a private sale. However, you and your buyer have skirted the law and may pay a lot more more down the road. The property remains subject to the lien. The creditor can take possession of the property and sell it. There will be added legal costs and interest because the debt continues to accrue interest at a statutory rate. The interest on a judgment lien in Massachusetts is 12%. The seller should be particularly cautious about sneaking a sale of property with an outstanding federal tax lien. The IRS will want to know who handed over cash to the tax delinquent when there was public notice of an outstanding tax debt. It will want to know what the seller did with that cash.The second answer above contains very poor advice. In any sale of real estate it is the responsibility of the buyer to have a professional title examination performed to disclose any outstanding liens. Stupidity is always difficult to defend in a court case.
