5 - Public and Private Control

Question 1

Encumbrance

Answer 1

An outstanding burden on the titel. Anything that “removes sticks” from an owner’s bundle of rights is an encumbrance

Question 2

Eminent Domain

Answer 2

The right of the government to take private property for the public good.

Question 3

Escheat

Answer 3

When an individual dies leaving no will or heirs, the property escheats, or passes, to the state. Property is deed for the benefit of the state school fund.

Question 4

Condemnation Action

Answer 4

When the government files a condemnation action or suit, suing the property owner, claiming they need it

Question 5

Inverse Condemnation

Answer 5

After the government takes property by eminent domain, neighbors can sue the federal government and ask to “take” their property, because the value has gone down since the initial taking

Question 6

Which amendment refers to the federal government taking property?

Answer 6

5th Amendment

Question 7

Which amendment refers to the state government taking property?

Answer 7

14th Amendment

Question 8

Police Power

Answer 8

Government right to adopt and enforce laws to promote and support the public health, safety, morals, and general welfare. Cannot seize property, but can use it without compensation on emergency basis.

Question 9

Zoning

Answer 9

The power of the state to regulate land use.

Question 10

Board of Adjustment

Answer 10

Hears appeals from landowners desiring special exceptions to zoning ordinances

Question 11

Zoning - A

Answer 11

Agriculture use

Question 12

Zoning - R

Answer 12

Residential use

Question 13

Zoning - C

Answer 13

Commercial use

Question 14

Zoning - M/I

Answer 14

Manufacturing / Industrial

Question 15

Zoning - S

Answer 15

Special purpose use - churches, hospitals, etc…

Question 16

PUD

Answer 16

Planned Unit Development. An area planned for high-density occupation.

Question 17

Buffer Zone

Answer 17

A strip of land separating one land use from another. Commercial from being too close to residential.

Question 18

Legal non-conforming use

Answer 18

Permitted use of property, even if zoning laws had change since then. Zoning changes are not retroactive. Originally built as R-2, but later changed to R-1.

Question 19

Variance

Answer 19

Permission to vary from the prevailing zoning regulation for building or use purposes

Question 20

Spot zoning

Answer 20

A provision that allows a single parcel of land to be zoned differently than surrounding properties. 7/11 inside community

Question 21

Injunction

Answer 21

What is used to order those who violate the CC&R’s to stop doing so

Question 22

Private restrictions

Answer 22

Also known as CC&R’s (Covenants, Conditions, and Restrictions)

Question 23

Right of enforcement

Answer 23

Passed from developer of subdivision to HOA. Enforces CC&R’s

Question 24

Easement

Answer 24

A non-possession right of use or enjoyment of another’s property. Generally involves a physical condition or use

Question 25

Easement appurtenant

Answer 25

An easement that runs with the land or deed

Question 26

Easement in gross

Answer 26

An easement granted to a specific person, like a hunting permit

Question 27

4 ways to create an easement

Answer 27

a. Mutual Agreement (easement in gross)
b. Deed restriction (easement appurtenant)
c. Implication:
d. Eminent Domain
e. Necessity
f. Easement by prescription (20 years of using it)