cp 3 -4 Flashcards
what are the four government powers?
PETE, Police powers, eminent domain, taxation, escheat
What are the police powers
zoning laws, building codes, environmental laws, land development, interstate land sales
Zoning ordinances regulate what?
use of the land
zoning laws are enforceable under
government police powers
zoning rules are set by who
local government… city, county, not state or national
What is a PUD
Planned unit development, mixed use zoning
PUDs are developments of several acres that set aside areas for
residences, commercial properties, public areas such as schools or parks, and even industrial property
A strip of land that separates one land use from another
buffer zone
If a property’s use existed before the current zoning rules, it generally will be allowed to continue as a
nonconforming use
what are the zoning laws requirements for nonconforming use
- a reasonable period of time which the nonconforming use is to be phased out.
- if the structure was destroyed
- may not be expanded
- abandoned
when zoning changes from higher-density use to lower density use
downzoning
when zoning changes from lower-density use to higher density use
upzoning
a specific property within a zone area is rezoned to permit a use different from the zoning requirements for that zoned area.
spot zoning
How can you change zoning laws
amendment
permission for a property owner to use the land in a way not allowed under the zoning law
variance
Before a new building can be occupied, what must be issued
certificate of occupancy
enacted to protect the public health and safety from inferior construction practices
building codes
local laws that control the use of land
zoning ordinances
buys undeveloped land and divides it into smaller lots for sale
subdivider
someone who improves the land constructs building on the lots
developer
in addition to police power, governments have other powers that affect real estate. These are
taxation, eminent domain, escheat
a charge on real estate to meet the financial needs of government
taxation
acquiring title to property by the state to allow a highway to be built
eminent domain
the legal process used by the government to carry out its power of eminent domain
condemnation
action initiated by property owners to force the government to buy their property
inverse condemnation
what are the three requirements for condemnation
- courts must declare for common good
- owner is entitled to fair compensation
- rights of the property must be protected by due process
the government power whereby property reverts to the state or county if the owner dies without a will and leaves no heirs
escheat
a friable material whose safe removal is very difficult
Asbestos
ordorless, colorless gas that occurs when certain fuels are burned
carbon monoxide
used in paint until banned in 1978, may be found in pipes, solder and other products
lead
is a radioactive gas produced by the natural decay of radioactive substances and is found in every state
radon
a chemical used in the manufacturing of building materials, including particleboard, plywood, paneling, carpeting and ceiling tiles.
urea-formaldehyde
can grow on almost any organic substance with sufficient moisture
mold
are concern for property near high-voltage power lines
electromagnetic fields
can end up in sewers, streams, and the water table. buyers near landscaped property may find themselves in close proximity to this hazard
pesticides
this act requires the EPA to establish and enforce air quality standards to protect human health and safety and the environment
CAA clean air act
an act requires the filing of an environmental impact statement with the EPA to ensure proposed land projects do not adversely affect the environment
NEPA the national environmental policy act
the agency responsible for administering and enforcing environmental protection law
EPA The US environmental protection agency
regulates the discharge of pollutants into US water
The clean water act CWA
established drinking water standards and testing of public drinking water sources for different types of bacteria, chemicals, and mineral levels and report violations to the public
The safe drinking water act SDWA
abandoned hazardous waste sites are identified action is taken to ensure that the sites are cleaned up and reimbursement for cleanup expenses is sought from the parties responsible for creating the problem
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
CERCLA
provides money to clean up hazardous waste dumps and spills
superfund
old industrial sites that may contain toxic wastes
brownfields
this act requires that individuals receive certain information before renting, or renovating pre-1978 housing.
Residential lead-based paint hazard reduction act
real estate licensees must provide buyers and lessees what pamphlet
protect your family from lead in your home
inspections rules for lead paint
buyers have 10 days to inspect for lead
buyers must pay for the inspection
buyers can waive their rights for inspection
tenants do not have 10 days to inspect for lead
where possible, the preferred method of correcting an asbestos hazard
encapsulation
_____________ is a charge, claim, or liability on real estate.
encumbrances
what are the two types of encumbrances
Physical and nonphysical
non physical encumbrances affect
only the title, such as liens and judgement
physical encumbrances affect
both title and the physical condition of the property
a right to use someones land
easement
this easement belongs to the land and transfers with the title
appurtenant easement
when do easements in gross are held by individuals and end ….
on the death of either the easement giver or the easement holder
allow a person to use another’s property for some stated purpose
positive easement
prevent an owner from using the property in some manner
negative easement
easements can be created by
- by writing
- grant deed
- reservation
- prescription
- necessity
ending an easement
expiration end of purpose merger agreement abandonment court action
is a privilege to use the land of another for a specific purpose
license
license ends
revoked by death sale of property expiration abandonment
illegal physical intrusion on another’s land by an improvement
encroachment
list two ways that easements can be classified
appurtenant…..in gross
positive easement….. negative easement
a clause in the deed that limits the owner’s use of the property
deed restriction
what are the requirements for a appurtenant easement
two parcels of land located next to each other
parcels must be owned by different people
when an easement appurtenant situation exists, the parcels of land involved are called
dominant and servient tenement
the parcel of land that benefits from the easement is called
dominant tenement
the parcel of land over which the easement runs is called the
servient tenement
remember serves
appurtenant easements are also called
run of the land
a easement created by court order to prevent landowners from being land locked
easement by necessity
a commonly shared partition wall between two connected properties
party wall
an easement to prevent the servant tenant from doing something that would obstruct the light or view of the dominant tenant
light or view easement
is a person right to use another’s land, such easements are given to individuals corporations
easement in gross
and easement is acquired when a claimant uses another’s land for a period of time as defined by state law. which easement and how long does the property have to be used for?
easement by prescription, 20 years
for an easement of prescription what requirements have to be fulfilled?
- use must be uninterrupted use of the property, idaho 20 years
- use must be continuous
- the use must be adverse, without owners consent
- use must be visible, open and notorious
successive periods of use by different parties
tacking
