Land Use Controls & Regulations

Question 1

A nonpossessory interest in property, giving a lienholder the right to foreclose if the owner does not pay a debt owed the lienholder; a financial encumbrance on the owner’s title.

Answer 1

Lien

Question 2

An easement that benefits a particular piece of property (dominant tenement).

Answer 2

Appurtenant Easement

Question 3

A government’s valuation of property for tax purposes.

Answer 3

Assessment

Question 4

1. A contract. 2. A promise. 3. A guarantee (express or implied) in a document such as a deed or lease. 4. A restriction. (Typical restrictions compel or prevent certain actions by the property owner or uses for the property.)

Answer 4

Covenant

Question 5

Government regulations specifying minimum construction and building standards to safeguard the health, safety, and welfare of the public.

Answer 5

Building Code

Question 6

1. Taking private property for public use, through the government’s power of eminent domain. Also called appropriation. 2. A declaration that a structure is unfit for occupancy and must be closed or demolished.

Answer 6

Condemnation

Question 7

An easement granted to another in a deed or other document.

Answer 7

Easement by Express Grant

Question 8

A restriction on real property use, imposed by a former owner; promise to do or not do an act relating to real property; usually owner’s promise to not use property in a particular way. May or may not run with land. Also called: Restrictive Covenant

Answer 8

Deed Restriction

Question 9

Property that receives the benefit of an appurtenant easement.

Answer 9

Dominant Tenement

Question 10

A special kind of easement by implication that occurs when the dominant tenement would be completely useless without an easement, even if it is not a long-standing, apparent use.

Answer 10

Easement by Necessity

Question 11

An easement created by operation of law (not express grant or reservation) when land is divided, if there is a long-standing, apparent use that is reasonably necessary for enjoyment of the dominant tenement.

Answer 11

Easement by Implication

Question 12

An easement created in a deed when a landowner is dividing the property, transferring the servient tenement but retaining the dominant tenement.

Answer 12

Easement by Express Reservation

Question 13

The government’s constitutional power to take (appropriate or condemn) private property for public use, as long as the owner is paid just compensation. (Government taking of private land is called condemnation.)

Answer 13

Eminent Domain

Question 14

An easement that benefits a person or company, rather than benefiting another parcel of land.

Answer 14

Easement in Gross

Question 15

An easement created by open and notorious, hostile, and adverse use of another person’s land for a specific period of time determined by state law. Prescriptive use does not have to be exclusive (the owner may be using the property, too), and the user does not acquire title to the property.

Answer 15

Easement by Prescription

Question 16

When property reverts to the state after a person dies without leaving a valid will and without heirs. (Property also reverts to the state after abandonment.)

Answer 16

Escheat

Question 17

A physical object intruding onto neighboring property, often due to a mistake regarding the boundary.

Answer 17

Encroachment

Question 18

Any claim, lien, charge, or liability that affects or limits the fee simple title to real property.

Answer 18

Encumbrance

Question 19

A specific lien claimed by someone who performed work on the property (construction, repairs, or improvements) and has not been paid.

Answer 19

Mechanic’s Lien

Question 20

A lien against all property of a debtor, instead of a particular piece of property.

Answer 20

General Lien

Question 21

A recorded notice which states that there is a lawsuit pending that may affect title to the defendant’s real estate.

Answer 21

Lis Pendens

Question 22

An interest in property that does not include the right to possess and occupy the property; an encumbrance, such as a lien or an easement.

Answer 22

Non-possessory Interest

Question 23

Property use that doesn’t conform to current zoning laws, but is allowed because the property was being used that way before the new zoning law was passed.

Answer 23

Nonconforming Use

Question 24

A law passed by a local legislative body; more specifically, a law passed by a city council or village council.

Answer 24

Ordinance

Question 25

Property burdened by an easement. In other words, the owner of the servient tenement (the servient tenant) is required to allow someone who has an easement (the dominant tenant) to use their property.

Answer 25

Servient Tenement

Question 26

A lien that attaches only to a particular piece of property (as opposed to a general lien, which attaches to all of the debtor’s property).

Answer 26

Specific Lien

Question 27

An illegal rezone that favors (or restricts) a particular property owner (or a small group of owners) without justification.

Answer 27

Spot Zoning

Question 28

State and local laws that must be complied with before land can be subdivided.

Answer 28

Subdivision Regulations

Question 29

A lien on real property to secure the payment of taxes.

Answer 29

Tax Lien

Question 30

A permit obtained from the local zoning authority allowing the holder to use property or build a structure in a way that violates the zoning ordinance.

Answer 30

Variance

Question 31

Local ordinances dividing a city, county, etc. into zones, allowing different types of land use in different areas. (A government restriction via its police power.)

Answer 31

Zoning Laws