Land Use Controls & Restrictions (S3)

Question 1

5 types of Land Use Controls

Answer 1

1) Deed Restriction
2) Conditions
3) Covenants
4) Setbacks
5) HOA’s

Question 2

Deed Restriction

Answer 2

limits the use or appearance of a given property, and it can be placed on an individual property, on an entire subdivision, or an entire neighborhood.

Question 3

Conditions

Answer 3

contingencies in which a property might be won or lost if the condition is violated.

Question 4

Covenants

Answer 4

agreements between two or more parties. If the agreement is violated, ownership or tenancy can be terminated.

Question 5

Setbacks

Answer 5

a restriction that can be a zoning ordinance or a deed restriction

Question 6

Doctrine of Laches

Answer 6

If you don’t use it, you lose it. Property owners who are lax in protecting their rights can lose their rights. The court won’t restrict violators and the covenant terminates.

Question 7

True or False: An owner can place a restriction on a deed during the first year of ownership.

Answer 7

False: An owner can place a restriction on a deed anytime during ownership.

Question 8

True or False: A deed restriction will appear on all future deeds unless it has a time limit

Answer 8

True

Question 9

4 Sources of Law

Answer 9

1) Constitutional Law
2) Statutory Law
3) Administrative Laws & Ordinances
4) Case Law

Question 10

Constitutional Law

Answer 10

Regulates Government Action. The constitution is the supreme source of law. State constitutions cannot supersede or conflict with US constitution.

Question 11

Statutory Law

Answer 11

Regulates Individual or Private Action. A statute cannot conflict with or attempt to supersede constitutional rights.

Question 12

Administrative Laws & Ordinances

Answer 12

govern the creation and operation of public regulatory agencies (Boards, Commissions, Depts). Enacted by administrative agencies, which are governmental bodies of the city, county, state, or fed government.

Question 13

Case Law

Answer 13

establishes legal precedent as a result of the court’s interpretation of other sources of law

Question 14

Ordinances

Answer 14

Including zoning and building codes, are allowed by the state and enacted by local governments within the state. They may not conflict with state or federal law.

Question 15

When judges rule on the facts of a particular case, they create what?

Answer 15

Case Law

Question 16

What can be used to modify or overturn other sources of law?

Answer 16

Case Law

Question 17

Police Power

Answer 17

the government’s authority - at state, local, and federal level- to do what it can to ensure the health, safety, and welfare of its citizens.

Question 18

Interstate Land Sales Full Disclosure Act

Answer 18

Regulates land sales across state lines, created in 1968.

Question 19

Inverse Condemnation

Answer 19

AKA a Taking; when the gov’t takes someone’s property.

Question 20

Condemnation

Answer 20

When the gov’t takes property under eminent domain. The owner is offered the appraised value as compensation. The owner can decline and hire an attorney if they think it’s too low.

Question 21

True or False: Owner can’t sue gov’t for property’s value

Answer 21

False: Owner can sue gov’t for property’s value

Question 22

Local Government planning boards have control over what?

Answer 22

1) Land & Open spaces
2) Planning & Zoning
3) Subdivision Development
4) Budgeting, site-plan review, & building codes

Question 23

True or False: Government may exercise police power even if it restricts the freedom of its citizens.

Answer 23

True

Question 24

3 types of real estate taxes are?

Answer 24

1) Annual Property Tax
2) Transfer Tax
3) Special Assessment Levies

Question 25

Annual Property Tax

Answer 25

assessed by local & regional gov’t entities to support and enhance transportation, utility & school districts.

Question 26

Transfer Tax

Answer 26

tax on the transfer of real property by individuals or entities.

Question 27

Special Assessment Levies

Answer 27

In specific districts that finance projects such as road or utility improvements and installations for homeowners in that district.

Question 28

Escheat

Answer 28

When a property owner dies without having a will in place, the property is distributed to heirs in accordance with inheritance law. But if no heirs or creditors can be found, the state can take the property through its powers of escheat.

Question 29

Certificate of Occupancy

Answer 29

Issues after inspection is done and the building is up to code.

Question 30

True or False: If there are conflicting local and state building codes, the stricter one wins out

Answer 30

True

Question 31

True or False: If there are no local or state building codes concerning something, national codes applies

Answer 31

True

Question 32

8 Local Zoning Restrictions

Answer 32

1) Residential
2) Commercial
3) Industrial
4) Vacant Land (unimproved)
5) Agricultural
6) Public Open
7) Spaces
8) Parklands
9) Recreation Areas