Land use control Flashcards
How someone limits the use of your property. Who can do it?
- Government
2. Individuals (homeowner, developer)
Why do we have land use control?
Monopolistic needs, congestion and urban sprawl, positive & negative externalities, and incomplte information and uncertainty.
What are Private Controls and Limits on Real Estate? (3)
- Easements
- Liens
- Restrictive Covenants (Deed Restriction)
Affects one or many properties (Only has servient estates)
Easement in gross
Right to use a neighboring property
Easement appurtenant
Are usually listed on the house deed
Easements
Created for a landlocked property to provide the access rights of ingress (entry) and egress (exit).
Easement by necessity
Someone can use and enjoy part of your property; a form of control and have to do with someone using your property.
Example: utilities where pipes are run under or above ground.
Easement
Easement that might be listed on subdivision deed and not on house deed.
Easement by implication
Created when a claimant usues another property for a statutory period of time and follows the proper legal proceeding the secure the easement.The claimants use must have been open, notorious, continuous, exclusive, and without the owners approval.
Easement by Prescription
Trying to take ownership of someone elses property. Requirements?
Adverse posession
Must hositle - not friendly
Actual - must be actual and good use of the land
Open and notorious - Every 1 must be able to see you and can’t be hiding
Continuous - Constantly crossing that piece of land
Exclusive - Only one going down the driveway
How long does it take for adverse posession to take place?
between 5-10 years; it take 20 years in alabama
Hold or claim on a debtor property that could force the sale of that property
Lien
When you don’t pay a contractor
Mechanics lien
When you don’t pay your taxes
Tax Lien
If you don’t pay your debt on a house > could force forclosure. Most common type of lien
Mortgage lien
Something happpend in coure (i.e. lawsuit, divorce)
Judgment lien
Covenants placed on a deed that restrict the use of property done by developer or former owner.
Restrictive Covenants (deed restrictions)
Why do we have restrictive covenants?
Trying to maintain property values
What are some examples of restrictive covenants?
no pool no fence in front yard minimum sq ft can't have goats can't pain a house yellow
Oldest form of land use control. Set standards on building for the purpose of safety
Building codes
Type of building code comes 1st abd is for improvements
Building permit
Type of building code that comes last and is turn key, finished, and move in ready
Certificate of occupancy
If you die without a will and with heirs the government take possession of your property. This is a form of land use control that the government does not like to be involved in.
Escheat
Term that means to die without a will
intestate
This is a plan that allows you to deviate from zoning
Planned unit development
Residential homes mixed with different types of compercia developments
Neighborhood
Plan on how the city wants to grow aand includes the fee requirements. (e.g. how it will impact enviornment, and economy)
Comprehensive plans
Condemnation if property for public use such as roads and highways. It is the right for the fovernment to take property from a private owner and use it for the benefit of the public.
Eminent Domain
Examples of eminent domain include?
Roads, highways, water lines, sewer lines, and schools
What are the condemnation requirements?
- Counrt must vest your property
- Only property must be in the way and it must be necessary to take the property away
- Must be put to public use, or for the good of the public
- Condemnor must provie condemnee w/just compensation.
Most important real estate case to ever go through the supreme court, lost 5:4.
Kaleo vs. London
Just compensation for eminent domain includes?
- Market value of property
- Damages
- Moving expenses
Means attatched to the land or deed in real estate.
- Benefits a parcel of real estate
- Involves two tracts of land owned by two different peple
- The dominant estate is benefits from the easement
- The serviant estate is burdened by the easement
Appurtentant
- Benefits a person or legal entity
- Involves one tract of land
Easement in gross
Terminate on the sale of property or death of the easement owner. (e.g. billboard)
Personal Gross Easement
Usually assignable when the property is sold or on the death of the easement owner.
Commercial gross easements
Any claim, lien, charge or liability that affects the value or the use of a property.
Encumbrance
Encumbrances that affect the title of a home include:
liens, mortgages, and judgments
Encumbrances that affect the use of a home include:
deed restrictions, encroachments and easements.
The parcel of land that benefits from the apurtenant easement.
Dominant Estate
The parcel of land burdened by the easement
Serviant Estate
Are established to ensure the health, safety, and welfare of property owners.
Building Codes
Must be issued for construction of a new building or other improvement , substantial repair of existing structure, or demolition of a building.
Building Permit
Added to the land for the purpose of increasing the value of the property.
Improvements
Improvements to the land include:
buildings, additions such as family rooms, or the replacement of a roof.
Improvements on the land include:
Streets, sidewalks, utilities
An unauthorized intrusion of an improvement onto the real property of another
Encroachment
Personal, revocable, and nonassignable right to use the land of another and is void on the death of either party or the sale of the property.
Liscense
If one party uses someone elses property for a statutory period and that use is open, notorious, hostile, and continuous the party may acquire title to the property through?
Adverse Posession
