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FI 534 Real Estate > Land use control > Flashcards

Land use control Flashcards

1
Q

How someone limits the use of your property. Who can do it?

A
  1. Government

2. Individuals (homeowner, developer)

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2
Q

Why do we have land use control?

A

Monopolistic needs, congestion and urban sprawl, positive & negative externalities, and incomplte information and uncertainty.

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3
Q

What are Private Controls and Limits on Real Estate? (3)

A
  1. Easements
  2. Liens
  3. Restrictive Covenants (Deed Restriction)
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4
Q

Affects one or many properties (Only has servient estates)

A

Easement in gross

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5
Q

Right to use a neighboring property

A

Easement appurtenant

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6
Q

Are usually listed on the house deed

A

Easements

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7
Q

Created for a landlocked property to provide the access rights of ingress (entry) and egress (exit).

A

Easement by necessity

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8
Q

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.

A

Easement

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9
Q

Easement that might be listed on subdivision deed and not on house deed.

A

Easement by implication

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10
Q

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.

A

Easement by Prescription

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11
Q

Trying to take ownership of someone elses property. Requirements?

A

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

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12
Q

How long does it take for adverse posession to take place?

A

between 5-10 years; it take 20 years in alabama

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13
Q

Hold or claim on a debtor property that could force the sale of that property

A

Lien

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14
Q

When you don’t pay a contractor

A

Mechanics lien

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15
Q

When you don’t pay your taxes

A

Tax Lien

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16
Q

If you don’t pay your debt on a house > could force forclosure. Most common type of lien

A

Mortgage lien

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17
Q

Something happpend in coure (i.e. lawsuit, divorce)

A

Judgment lien

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18
Q

Covenants placed on a deed that restrict the use of property done by developer or former owner.

A

Restrictive Covenants (deed restrictions)

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19
Q

Why do we have restrictive covenants?

A

Trying to maintain property values

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20
Q

What are some examples of restrictive covenants?

A 
no pool
no fence in front yard
minimum sq ft
can't have goats
can't pain a house yellow
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21
Q

Oldest form of land use control. Set standards on building for the purpose of safety

A

Building codes

22
Q

Type of building code comes 1st abd is for improvements

A

Building permit

23
Q

Type of building code that comes last and is turn key, finished, and move in ready

A

Certificate of occupancy

24
Q

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.

A

Escheat

25
Q

Term that means to die without a will

A

intestate

26
Q

This is a plan that allows you to deviate from zoning

A

Planned unit development

27
Q

Residential homes mixed with different types of compercia developments

A

Neighborhood

28
Q

Plan on how the city wants to grow aand includes the fee requirements. (e.g. how it will impact enviornment, and economy)

A

Comprehensive plans

29
Q

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.

A

Eminent Domain

30
Q

Examples of eminent domain include?

A

Roads, highways, water lines, sewer lines, and schools

31
Q

What are the condemnation requirements?

A
  1. Counrt must vest your property
  2. Only property must be in the way and it must be necessary to take the property away
  3. Must be put to public use, or for the good of the public
  4. Condemnor must provie condemnee w/just compensation.
32
Q

Most important real estate case to ever go through the supreme court, lost 5:4.

A

Kaleo vs. London

33
Q

Just compensation for eminent domain includes?

A
  1. Market value of property
  2. Damages
  3. Moving expenses
34
Q

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
A

Appurtentant

35
Q
  • Benefits a person or legal entity

- Involves one tract of land

A

Easement in gross

36
Q

Terminate on the sale of property or death of the easement owner. (e.g. billboard)

A

Personal Gross Easement

37
Q

Usually assignable when the property is sold or on the death of the easement owner.

A

Commercial gross easements

38
Q

Any claim, lien, charge or liability that affects the value or the use of a property.

A

Encumbrance

39
Q

Encumbrances that affect the title of a home include:

A

liens, mortgages, and judgments

40
Q

Encumbrances that affect the use of a home include:

A

deed restrictions, encroachments and easements.

41
Q

The parcel of land that benefits from the apurtenant easement.

A

Dominant Estate

42
Q

The parcel of land burdened by the easement

A

Serviant Estate

43
Q

Are established to ensure the health, safety, and welfare of property owners.

A

Building Codes

44
Q

Must be issued for construction of a new building or other improvement , substantial repair of existing structure, or demolition of a building.

A

Building Permit

45
Q

Added to the land for the purpose of increasing the value of the property.

A

Improvements

46
Q

Improvements to the land include:

A

buildings, additions such as family rooms, or the replacement of a roof.

47
Q

Improvements on the land include:

A

Streets, sidewalks, utilities

48
Q

An unauthorized intrusion of an improvement onto the real property of another

A

Encroachment

49
Q

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.

A

Liscense

50
Q

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?

A

Adverse Posession

FI 534 Real Estate (8 decks)

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