Capitulo 5

Question 1

The body to which one would appeal in order to obtain a variance to do something contrary to the current zoning law.

Answer 1

̑̑ Board of Adjustment

Question 2

An area established by the zoning and planning commission to
separate commercial and industrial areas from residential. Its
purpose may be safety or economics.

Answer 2

̑̑ Buffer Zone

Question 3

Rules set by government to establish minimum standards of construction.

Answer 3

̑̑ Building Codes

Question 4

The abbreviation given to restrictions and requirements created
in the Uniform Declaration of Restrictions for condominiums.

Answer 4

̑̑ CC&R’s

Question 5

Process by which government exercises the power to
transfer ownership of property from private to public use.
See Eminent Domain

Answer 5

̑̑ Condemnation Action

Question 6

The name given to a property that encumbers a neighboring property with an easement.

Answer 6

̑̑ Dominant Tenement

Question 7

A non-possessory interest which one person has in land owned by another, allowing limited use or enjoyment of the owner’s land. It may be referred to as a physical use or condition.

Answer 7

̑̑ Easement

Question 8

An easement which attaches to the land and/or the deed, and

passes from owner to owner with the deed.

Answer 8

̑̑ Easement Appurtenant

Question 9

An unexpressed, but legally binding understanding regarding a right of way between the parties, created by their actions.

Answer 9

̑̑ Easement by Implication

Question 10

Created by a court of law in situations where justice and need, not convenience, dictate the appropriateness of the easement; such as the case of land locked property.

Answer 10

̑̑ Easement by Necessity

Question 11

An easement created by adverse use. The use must be adverse,
hostile, open, notorious and continuous. This type of easement
can be prevented by giving permission to the user, or by ordering
the user to discontinue the use before the statutory period
passes. (It requires 20 years in Utah.)

Answer 11

̑̑ Easement by Prescription

Question 12

An easement which is personal in nature and does not pass with the deed or the land. It runs with the persons who agreed to it for the term of their lives, or with the need for which it was created, such as a utility easement.

Answer 12

̑̑ Easement in Gross

Question 13

Leaving a property by traveling across the servient tenement

property

Answer 13

̑̑ Egress

Question 14

The right of the government to take title, at fair market value, to land owned by a private individual.

Answer 14

̑̑ Eminent Domain

Question 15

The unauthorized intrusion of a building, tree, or other

improvements onto a neighbor’s property.

Answer 15

̑̑ Encroachment

Question 16

Anything which burdens the title to real property so as to restrict, limit, or otherwise affect an owner’s rights.

Answer 16

̑̑ Encumbrance

Question 17

This occurs when someone dies without a will, having no heirs.

Answer 17

̑̑ Escheat

Question 18

Entering by traveling across the servient tenement property.

Answer 18

̑̑ Ingress

Question 19

Legal action taken to enforce the restrictive covenants in the
Uniform Declaration of Restrictions or to prevent a neighbor
from encroaching.

Answer 19

̑̑ Injunction

Question 20

The legal process by which a private individual sues to have the
property taken by eminent domain.

Answer 20

̑̑ Inverse Condemnation

Question 21

The right of an individual to continue a use of land contrary to
current zoning regulations because the use existed prior to the
establishment of the current zoning category.

Answer 21

̑̑ Legal Non-conforming Use

Question 22

The joining of two contiguous properties so as to extinguish a
lesser right. For instance, this process can terminate an easement
on land locked property.

Answer 22

̑̑ Merger

Question 23

A common wall between two properties, usually involving a zero
lot line.

Answer 23

̑̑ Party Wall

Question 24

The right of government, such as in zoning, to exercise control
over private property without their consent and without
compensation.

Answer 24

̑̑ Police Power

Question 25

The name given to a property encumbered by an easement

appurtenant, such a landlocked situation.

Answer 25

̑̑ Servient Tenement

Question 26

Property that doesn’t fit one of the standard zoning classifications
(residential, commercial, agricultural, etc.) is put in this general
category.

Answer 26

̑̑ Special Purpose Property

Question 27

The process involved when the zoning and planning commission
changes the zoning of a single lot to be different from others
surrounding it.

Answer 27

̑̑ Spot Zoning

Question 28

The document that is used when a sub-divider or developer
records a group of restrictive covenants on all of the lots in a
subdivision.

Answer 28

̑̑ Uniform Declaration of Restrictions

Question 29

The procedure of condemning private property as a blighted area
and having it torn down and rebuilt.

Answer 29

̑̑ Urban Renewal

Question 30

The right of an individual to do something that violates current
zoning regulations because the zoning and planning commission
or Board of Adjustment granted that right.

Answer 30

̑̑ Variance

Question 31

A right of state governments to regulate the height, bulk and use
of private property in order to protect the health, morals, welfare,
and safety of the public; usually delegated to the local level.

Answer 31

̑̑ Zoning