Land Use Control Flashcards
What is land use control and who actually does it?
How someone limits the use of your property:
- Government
- Individuals (homeowner, developers)
Why do we have land use control?
Monopolostic needs
Positive and Negative Externalities
Congestion and Urban Sprawl
Incomplete Information and Uncertainty
What are private controls and limits on real estate?
Easements (must be in writing to be valid)
Liens
Restrictive Covenants (Deed Restriction)
This type of easement benefits another person rather than a piece of property. An examples of this type of easement is a utility easement.
Easement in gross
Benefits a neighboring property.
Easement Appurtenent
The landowner who has the right to use the land of another.
Dominant Estate
The land that is “burdened” with the easement.
Serviant Estate
Permitted by a court order to gain access to a property. For example, say Property Owner A sells Buyer B a back portion of land but neglects to give Buyer B an easement for access. If A then refuses to give B the easement, B can go to court and get it by court order — an easement appurtenant.
Easement by necessity
An easement that is created by the actions of one person against the interests of another person. The forceful, involuntarily, and unwiilingly taking an easement.
Easement by prescription
The loss of your property or some rights of your property beause of continued use by someone else. Someone other than the owner uses a piece of property openly, publicly, and without the owners consent for a specified period of time.
Adverse possession
What are the requirements to qualify for adverse possession of property?
Hostile Actual Open and Notorious Continuous Exclusive
How long does it take for adverse possession to take place?
Generally between 5-10 yrs. It takes 20 years in Alabama
A hold or claim on a debtors property that could force the sale of that property (encumberance on title). List a few examples.
Liens (e.g. Mechanic lien, tax lien, mortgage lien, judgment)
A lien placed on your property for nonpayment for work you had done on the property; Involuntary and specific.
Mechanics Lien
Usually are created as a result of a court action.
Judgment Lien
Placed on real estate for unpaid real estate taxes; Involuntary and specific.
Tax Lien
A voluntary, specific lien. In fact, it’s the most common type of voluntary real estate lien. When you borrow money to buy or refinance a piece of real estate, you give the lender a lien against the property.
Mortgage Lien
Covenants placed on the deed that restricts use of property done by developer or former;
Restrictive Covenants (deed restrictions)
Examples of restrictive covenants
- Can’t put a pool in
- Can’t put a fence in the front yard
- Can’t have goats
- Can’t paint house yellow
- Minimum Square Feet Requirements (tiny house)
Why do we have restrictive covenants?
Trying to maintain property values
What are public controls and limirs on real estate
- Police Power
- Taxation
- Escheat
- Eminent Domain
Government rights and powers (think PETE)
- Police Powers
- Eminent Domain
- Taxation
- Escheat
The inherent power of the state to seize a citizen’s private property, or seize a citizen’s rights in property with due monetary compensation, but without the consent of the owner. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development.
Eminent Domain
A charge on real estate that is used to pay for services provided by the government.
Taxation
Property reverts to state ownership when an individual dies without a will and without heirs. When you die without a will you would have died “intestate”
Escheat
The state’s inherent right to regulate an individual’s conduct or property to protect the health, safety, welfare, and morals of the community.
Unlike the exercise of eminent domain, no compensation need be paid. Common examples include Zoning, Building codes and subdivision regulations.
Police Power
Regulation of the size and intensity of the real estate.
Zoning
What are the three main areas of zoning?
- Land use regulation
- Height regulation
- Area Regulation
Ownership of water and land adjacent to it as determined by state law, which is based on either the doctrines of riparian and littoral rights or on the doctrine of prior appropriation; owners generally have the right to use water so long as they do not
pollute or interrupt the flow.
Water rights
Local laws that regulate and control the use of land in the community, generally pertaining to the height, bulk, and use of the buildings.
Zoning Laws
Type of zoning ordinance that requires that a building must be set back 50 feet from the front property boundary line, but because of a rock outcropping that extends deep into the land from the back of the lot, the 50-foot setback would be impractical. A variance may be granted, permitting the building to be built ten feet from the front boundary line rather than the required 50 feet
Area regulation
Permits a different use of the land. One example of a this type of variance is a house with two apartments in an area that’s zoned for single-family houses.
Land use regulation (zoning ordinance)
Refers to an established structure on or use of a piece of real estate that wouldn’t otherwise be permitted under current zoning.
Nonconforming use
Generally are buildings or uses that existed either when no zoning ordinance was in effect at all or when an old zoning ordinance was in effect that allowed such buildings and uses.
Nonconforming uses
A one-property variation from the requirements of the zoning ordinance
Variance
Can be granted whenever an owner proves that a difficulty or hardship will result in an attempt to build on the land or show that existing zoning will deprive him or her of economic use of the land.
Variance
Provisions in a deed limiting the use of the property and prohibiting certain uses. Typically used by land developers to establish minimum house sizes, setback lines, and aesthetic requirements thought to enhance the neighborhood.
Restrictive Covenants
Oldest for of land use control
Building codes
Rules regarding such items as: Parking access Fire protection Running water and sewer Habitable occupancy levels
Construction standards such as:
Depth of the foundation
Pitch of the roof
Width between studs in framing
Building Codes
A document that is issued to a property owner by the local government, often by the town’s building department. The purpose of this document is to state what the structure can be used for, that the structure is suitable for occupancy and that it complies with all building codes.
Certificate of Occupancy
An official approval to proceed with a construction project. It is intended to ensure that the project plans comply with local standards for land use, zoning and construction. These standards are intended to ensure the safety of current and future owners and occupants and enforcement of zoning and land use policies.
Building Permit
When a local, state, or federal government seizes private property and compensates the owner
Condemnation
Right of use a parcel of land “enjoys” over an adjacent parcel
easement appurtenant
List some examples of a few affirmitive easements appurtenant
Some examples of these are driveway or access right-of-way, sewer line, drainage, common walls
When multiple individuals have use of a property, but their interests are not simultaneous, this type of co-ownership is referred to as a:
Timeshare
Jeff owns 150 acres between a highway and a public beach. The state would like to build a road directly from the highway to the beach across Jeff’s property. The space for this road would be considered a(n):
Easement in gross
Capital markets can be divided into four main categories: private equity, public equity, private debt, and public debt. An example of a real estate asset that trades in the private equity market is:
Real property
Primarily through land use controls and property tax policy, which of the following branches of government has the largest influence on real estate values?
Local Government
The national government can have a significant impact on the value of real estate through:
Income tax policy
