Governmental Limits

Question 1

There are 4 governmental limitations to the private rights of ownership of real property.

Remember PETE

Answer 1

P. olice power

E. minent Domain

T. axation

E. s heat

Question 2

Polices power.

In real estate the most common exercise of police power involve subdivision regulations, zoning, building codes.

Answer 2

Cities and counties set criteria for subdivisions.

Zoning ordinances regulate and control use of land.

Building codes establish standards and requirements for new construction and repairing old ones.

Deeds and private restrictions are not of police power but are encumbrances imposed by private parties.

Question 3

Eminent domain

Answer 3

The actual act of taking property is handled through the condemnation proceedings.

Question 4

Taxation

Answer 4

General assessments against all property and special assessments against certain properties benefited by certain public improvements!

Question 5

Escheat. Right of government to acquire title to property when an owner dies intestate (without a will)

Answer 5

And has no heirs eligible to inherit property.

Deceased to intestate to probate to no heirs or heirs to state