Land Use Control

Question 1

What is land use control and who does it?

Answer 1

What- how someone limits the use of your land

Who- government (public), developer, other homeowners/individuals (private)

Question 2

Why is land use control needed?

Answer 2

Monopolistic needs for the public- utilities
Externalities- (+) parks, schools; (-) factories, landfills
Congestion/urban sprawl- overpopulation, slow production
Incomplete info/uncertainty- people don’t know all the laws

Question 3

What are the private controls/limits on real estate?

Answer 3

Easements, liens, and restrictive covenants

Question 4

Define easement

Answer 4

When someone can use and enjoy your property
ex. utility, conservation

Requirements- hostile, actual, open/notorious, continuous

Question 5

What is an easement in gross?

Answer 5

It affects one or many properties

Easement appurtenant- right to use a neighboring property
Servient estate- being used by someone
Dominant estate- neighboring property using the servient

ex. ingress-egress, shared driveway, conservation, pipeline, electric transmission line

Question 6

Other types of easements

Answer 6

Easement by implication- not listed on deed (utilities)
Easement by necessity- subdivided lots
Easement by prescription- involuntary and unwilling (force)

Question 7

What are the requirements of adverse possession?

Answer 7

Hostile, actual productive use, open and notorious, continuous use, exclusive to that person

Definition- trying to take ownership of the property instead of an easement to use it

Question 8

Define the types of liens

Answer 8

Mechanic- not paying the contractor or others for services
Tax- not paying property tax
Mortgage- not paying debt on the house
Judgment- court

*Person has the chance to buy property back within 12 months if held under a tax or mortgage lien

Question 9

What is a lien?

Answer 9

A hold or claim on a debtor’s property that could force the sale of that property (encumbrance on title); some foreclosures

Question 10

Define restrictive covenants and give examples of them

Answer 10

Individuals restricting the use of your property; aka deed restrictions to maintain property value

ex. minimum square footage, paint, fence height limit, pool

Question 11

What are the types of public controls/limits on real estate?

Answer 11

• Police power- zoning, subdivision regs, building codes
• Taxation
• Escheat- government gets property when no will or heirs
• Eminent domain- take private property for public use

Question 12

Zoning definition and types

Answer 12

Regulation of the size and intensity of the real estate:
*Goal is to maintain property value

Land use regulation- industrial/residential/commercial
Height regulation- how tall building is for planes
Area regulation- how big you can build, how much improvement can be done (parking, sidewalks)

Question 13

What are the 2 ways to change zoning?

Answer 13

Variance- minor change

Rezoning application- apply and put sign up

Question 14

Subdivision regulation examples

Answer 14

Number of curb cuts (Midtown), layout of sidewalks, length of lot setbacks, green space, limit on construction near floodplains

Govern the development of land

Question 15

Building code examples

Answer 15

Rules for parking and access, fire protection, running water, occupancy; depth of foundation, width in framing studs, roof pitch
*Oldest form of land use

First- building permit to build or add improvements
Last- finished and certificate of occupancy to move in

Question 16

Steps required for eminent domain

Answer 16

1) court gives you the right for eminent domain
2) property being taken has to be necessary, “in the way”
3) has to be for a public use (water, sewer, road)
4) person whose land is taken is paid just compensation

Question 17

Forms of just compensation

Answer 17

Market value based on highest and best use, damages, or moving expenses