Difference between the appurtenant easement and easement in gross.

Congratulations, the seller has accepted your purchase offer! You are anxious to close the deal and take possession of the property within 60 days from the seller’s acceptance date. You have been made aware of potential title issues that may delay the closing. You have asked title company to provide you with a preliminary title search to identify any title defects. Your review of the preliminary title search has revealed the following:
• Appurtenant easement (your property is the dominant tenement)
• Easement in gross (the easement owner is dead)
• Specific lien for the first mortgage placed against the property by the seller
• Mechanics lien recorded by new window replacement contractor for unpaid materials and installation services
• Lien recorded by property association for last year’s unpaid annual dues
• Lien for unpaid real estate taxes
Address the following in your initial post:

  1. Describe the difference between the appurtenant easement and easement in gross. Will either of them cause a delay in closing? Why or why not?
  2. Describe the differences between the specific lien and mechanics lien? Will either of them cause a delay in closing? Why or why not?
  3. Identify the lien classification type for the unpaid association dues and the delinquent real estate taxes. Will either of them cause a delay in closing? Why or why not?
  4. How are lien priorities established and which one of the above liens has the highest priority?

Sample Solution

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