Help please...which of these is not considered a "cloud on title"?

Question

an encroachment, child support lien, or an easement?

Answer 1

Depending on the circumstances, they are all clouds on the title.

An encroachment is when some other entity has built upon or is located too close to your property - such as a fence, a tree, or a driveway. There may be remedies to this situation - relocating fences, removal or pruning trees etc. - or variances must be applied for should the problem be associated with permanent fixtures - such as setbacks or a building that is not on - but too close to - your property.

A child support lien is precisely that - a lien has been placed on the property as security for child support that has gone in arrears. Generally, however, such liens are paid in full from the proceeds of the sale of the property - before the seller collects his profits. However, if the property sells for less than enough money to pay off all liens, then it may constitute a cloud on the title.

An easement - is another entity's legal right to cross your property such as a utility company. Depending on the location of the easement, plus other terms unknown at this time, an easement can constitute a cloud on the title. At the very least the easements must be disclosed at the time of purchase. For example, seller gave his brother in law permission to hunt on his property. When you purchased the property, you should be informed of this easement.

Without full information, the easement appears to be the least intrusive of these potential "clouds."

Answer 2

An easement is not an encroachment on the title. This is because most easements are given by the owner to someone else, usually the state, county or city for public utilities.
An encroachment is a cloud on the title but definiately fixable. Say, for example if your neighbor put a fence up on your side of the property line? Get a survey done and demand that the neighbor remove the fence.

A child support lien is a cloud on the title because the judgment must be paid before title can be transferred. Usually this is done out of the settlement proceeds.

Answer 3

an encroachment, to encroach is to step over the line, be that as it may. all the others can be placed on the property during suit or at time of purchase like an easement already in place. The easement is not a clout as its part and parcel to the property and when you purchase, you own the easement too.
the child-support is not on the property, its actually an abstract judgment and gets paid when you sell your home.

Answer 4

easement

Answer 5

They are going to try to foreclose. But there are law suits going that involve the against the property