Capitulo 5 Flashcards
The body to which one would appeal in order to obtain a variance to do something contrary to the current zoning law.
̑̑ Board of Adjustment
An area established by the zoning and planning commission to
separate commercial and industrial areas from residential. Its
purpose may be safety or economics.
̑̑ Buffer Zone
Rules set by government to establish minimum standards of construction.
̑̑ Building Codes
The abbreviation given to restrictions and requirements created
in the Uniform Declaration of Restrictions for condominiums.
̑̑ CC&R’s
Process by which government exercises the power to
transfer ownership of property from private to public use.
See Eminent Domain
̑̑ Condemnation Action
The name given to a property that encumbers a neighboring property with an easement.
̑̑ Dominant Tenement
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.
̑̑ Easement
An easement which attaches to the land and/or the deed, and
passes from owner to owner with the deed.
̑̑ Easement Appurtenant
An unexpressed, but legally binding understanding regarding a right of way between the parties, created by their actions.
̑̑ Easement by Implication
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.
̑̑ Easement by Necessity
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.)
̑̑ Easement by Prescription
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.
̑̑ Easement in Gross
Leaving a property by traveling across the servient tenement
property
̑̑ Egress
The right of the government to take title, at fair market value, to land owned by a private individual.
̑̑ Eminent Domain
The unauthorized intrusion of a building, tree, or other
improvements onto a neighbor’s property.
̑̑ Encroachment
Anything which burdens the title to real property so as to restrict, limit, or otherwise affect an owner’s rights.
̑̑ Encumbrance
This occurs when someone dies without a will, having no heirs.
̑̑ Escheat
Entering by traveling across the servient tenement property.
̑̑ Ingress
Legal action taken to enforce the restrictive covenants in the
Uniform Declaration of Restrictions or to prevent a neighbor
from encroaching.
̑̑ Injunction
The legal process by which a private individual sues to have the
property taken by eminent domain.
̑̑ Inverse Condemnation
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.
̑̑ Legal Non-conforming Use
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.
̑̑ Merger
A common wall between two properties, usually involving a zero
lot line.
̑̑ Party Wall
The right of government, such as in zoning, to exercise control
over private property without their consent and without
compensation.
̑̑ Police Power
The name given to a property encumbered by an easement
appurtenant, such a landlocked situation.
̑̑ Servient Tenement
Property that doesn’t fit one of the standard zoning classifications
(residential, commercial, agricultural, etc.) is put in this general
category.
̑̑ Special Purpose Property
The process involved when the zoning and planning commission
changes the zoning of a single lot to be different from others
surrounding it.
̑̑ Spot Zoning
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.
̑̑ Uniform Declaration of Restrictions
The procedure of condemning private property as a blighted area
and having it torn down and rebuilt.
̑̑ Urban Renewal
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.
̑̑ Variance
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.
̑̑ Zoning
