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Master Real Estate Ch 1 > cp 3 -4 > Flashcards

cp 3 -4 Flashcards

1
Q

what are the four government powers?

A

PETE, Police powers, eminent domain, taxation, escheat

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2
Q

What are the police powers

A

zoning laws, building codes, environmental laws, land development, interstate land sales

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3
Q

Zoning ordinances regulate what?

A

use of the land

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4
Q

zoning laws are enforceable under

A

government police powers

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5
Q

zoning rules are set by who

A

local government… city, county, not state or national

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6
Q

What is a PUD

A

Planned unit development, mixed use zoning

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7
Q

PUDs are developments of several acres that set aside areas for

A

residences, commercial properties, public areas such as schools or parks, and even industrial property

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8
Q

A strip of land that separates one land use from another

A

buffer zone

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9
Q

If a property’s use existed before the current zoning rules, it generally will be allowed to continue as a

A

nonconforming use

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10
Q

what are the zoning laws requirements for nonconforming use

A
  1. a reasonable period of time which the nonconforming use is to be phased out.
  2. if the structure was destroyed
  3. may not be expanded
  4. abandoned
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11
Q

when zoning changes from higher-density use to lower density use

A

downzoning

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12
Q

when zoning changes from lower-density use to higher density use

A

upzoning

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13
Q

a specific property within a zone area is rezoned to permit a use different from the zoning requirements for that zoned area.

A

spot zoning

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14
Q

How can you change zoning laws

A

amendment

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15
Q

permission for a property owner to use the land in a way not allowed under the zoning law

A

variance

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16
Q

Before a new building can be occupied, what must be issued

A

certificate of occupancy

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17
Q

enacted to protect the public health and safety from inferior construction practices

A

building codes

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18
Q

local laws that control the use of land

A

zoning ordinances

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19
Q

buys undeveloped land and divides it into smaller lots for sale

A

subdivider

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20
Q

someone who improves the land constructs building on the lots

A

developer

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21
Q

in addition to police power, governments have other powers that affect real estate. These are

A

taxation, eminent domain, escheat

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22
Q

a charge on real estate to meet the financial needs of government

A

taxation

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23
Q

acquiring title to property by the state to allow a highway to be built

A

eminent domain

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24
Q

the legal process used by the government to carry out its power of eminent domain

A

condemnation

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25
Q

action initiated by property owners to force the government to buy their property

A

inverse condemnation

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26
Q

what are the three requirements for condemnation

A
  1. courts must declare for common good
  2. owner is entitled to fair compensation
  3. rights of the property must be protected by due process
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27
Q

the government power whereby property reverts to the state or county if the owner dies without a will and leaves no heirs

A

escheat

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28
Q

a friable material whose safe removal is very difficult

A

Asbestos

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29
Q

ordorless, colorless gas that occurs when certain fuels are burned

A

carbon monoxide

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30
Q

used in paint until banned in 1978, may be found in pipes, solder and other products

A

lead

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31
Q

is a radioactive gas produced by the natural decay of radioactive substances and is found in every state

A

radon

32
Q

a chemical used in the manufacturing of building materials, including particleboard, plywood, paneling, carpeting and ceiling tiles.

A

urea-formaldehyde

33
Q

can grow on almost any organic substance with sufficient moisture

A

mold

34
Q

are concern for property near high-voltage power lines

A

electromagnetic fields

35
Q

can end up in sewers, streams, and the water table. buyers near landscaped property may find themselves in close proximity to this hazard

A

pesticides

36
Q

this act requires the EPA to establish and enforce air quality standards to protect human health and safety and the environment

A

CAA clean air act

37
Q

an act requires the filing of an environmental impact statement with the EPA to ensure proposed land projects do not adversely affect the environment

A

NEPA the national environmental policy act

38
Q

the agency responsible for administering and enforcing environmental protection law

A

EPA The US environmental protection agency

39
Q

regulates the discharge of pollutants into US water

A

The clean water act CWA

40
Q

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

A

The safe drinking water act SDWA

41
Q

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

A

THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT

CERCLA

42
Q

provides money to clean up hazardous waste dumps and spills

A

superfund

43
Q

old industrial sites that may contain toxic wastes

A

brownfields

44
Q

this act requires that individuals receive certain information before renting, or renovating pre-1978 housing.

A

Residential lead-based paint hazard reduction act

45
Q

real estate licensees must provide buyers and lessees what pamphlet

A

protect your family from lead in your home

46
Q

inspections rules for lead paint

A

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

47
Q

where possible, the preferred method of correcting an asbestos hazard

A

encapsulation

48
Q

_____________ is a charge, claim, or liability on real estate.

A

encumbrances

49
Q

what are the two types of encumbrances

A

Physical and nonphysical

50
Q

non physical encumbrances affect

A

only the title, such as liens and judgement

51
Q

physical encumbrances affect

A

both title and the physical condition of the property

52
Q

a right to use someones land

A

easement

53
Q

this easement belongs to the land and transfers with the title

A

appurtenant easement

54
Q

when do easements in gross are held by individuals and end ….

A

on the death of either the easement giver or the easement holder

55
Q

allow a person to use another’s property for some stated purpose

A

positive easement

56
Q

prevent an owner from using the property in some manner

A

negative easement

57
Q

easements can be created by

A
  1. by writing
  2. grant deed
  3. reservation
  4. prescription
  5. necessity
58
Q

ending an easement

A 
expiration
end of purpose
merger
agreement
abandonment
court action
59
Q

is a privilege to use the land of another for a specific purpose

A

license

60
Q

license ends

A 
revoked
by death
sale of property
expiration
abandonment
61
Q

illegal physical intrusion on another’s land by an improvement

A

encroachment

62
Q

list two ways that easements can be classified

A

appurtenant…..in gross

positive easement….. negative easement

63
Q

a clause in the deed that limits the owner’s use of the property

A

deed restriction

64
Q

what are the requirements for a appurtenant easement

A

two parcels of land located next to each other

parcels must be owned by different people

65
Q

when an easement appurtenant situation exists, the parcels of land involved are called

A

dominant and servient tenement

66
Q

the parcel of land that benefits from the easement is called

A

dominant tenement

67
Q

the parcel of land over which the easement runs is called the

A

servient tenement

remember serves

68
Q

appurtenant easements are also called

A

run of the land

69
Q

a easement created by court order to prevent landowners from being land locked

A

easement by necessity

70
Q

a commonly shared partition wall between two connected properties

A

party wall

71
Q

an easement to prevent the servant tenant from doing something that would obstruct the light or view of the dominant tenant

A

light or view easement

72
Q

is a person right to use another’s land, such easements are given to individuals corporations

A

easement in gross

73
Q

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?

A

easement by prescription, 20 years

74
Q

for an easement of prescription what requirements have to be fulfilled?

A
  1. use must be uninterrupted use of the property, idaho 20 years
  2. use must be continuous
  3. the use must be adverse, without owners consent
  4. use must be visible, open and notorious
75
Q

successive periods of use by different parties

A

tacking

Master Real Estate Ch 1 (7 decks)

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