Law Flashcards
What is Chattel?
Another word for personal property (as opposed to real property)
Ex. You might confuse your buyers if you asked them, “Was there any chattel of the sellers you wanted to write into the sales contract?” It’s better to use the term “personal property.”
What is the main difference between real property and personal property?
Generally speaking, if the item is permanently attached, it becomes real property. Otherwise, it’s personal property, also called chattel (one of the vocabulary words you’ll need to know). Personal property typically includes things like furniture, fixtures, machinery, or tools.
What are the two common categories of property that are treated as exceptions when categorizing real vs personal property?
Trade fixtures and emblements.
For commercial properties, sometimes affixed items are considered trade fixtures and are therefore the renter’s personal property. Trade fixtures are equipment that is placed on or attached to real estate which the renter uses in their trade or business. An example would be display shelves installed by a business owner in a rented building.
For agricultural properties, emblements are crops produced through cultivation that belong to the tenant during cultivation and after harvest. Like trade fixtures, even though these are attached to the land at some point, they’re still considered the legal, personal property of the tenant.
What are the five basic tests the court uses to determine whether an item is a fixture (it’s part of the real property and should remain) or personal property (it belongs to the seller and can be removed)?
Use the acronym MARIA to help you remember these tests, which are:
- Method of annexation
- Adaptability of item to land’s use
- Relationship of the parties
- Intention in placing item on land
- Agreement of the parties
What is the method of annexation when referring to real vs personal property?
The method of annexation (also known as attachment) refers to whether the item is attached to the property and how permanent the attachment is.
You have to ask yourself whether the item can be removed without causing damage to the property to which it’s attached. If it can’t, it’s considered real property.
What is Adaptability of Items to Land’s Use when referring to real vs personal property?
Adaptation is related to how the item is situated or adapted to the real property.
Even if your stand-alone fireplace were not cemented in, if it were part of an outdoor entertainment area and fit into it in such a way that other fixed items would have to be dismantled to remove the fireplace, it could be argued that the item had been adapted to the environment and must not be removed. Other items that fall under this category are garage door openers or the remote controls of other built-in features that are permanently attached to the property.
What is Relationship of the Parties when referring to real vs. personal property?
The relationship of the parties—if there’s a dispute between the person who added the item and the person who removed it—is another element used to determine whether an item is real or personal property. In general, the courts tend to favor a tenant’s take on an item over the landlord’s, and a buyer over a seller.
What is Severance when referring to real vs personal property?
Severance occurs when an item that was real property becomes personal property by detaching it (severing it) from the land. If Mrs. Goldman had, prior to marketing her property for sale, dug up and potted her rose bushes she would’ve severed them, transforming them from real to personal property.
What is Annexation when referring to personal vs. real property?
The opposite of severance is annexation . This occurs when personal property is attached to real property, which makes it a fixture. So when Mrs. Goldman first brought her rose bushes home from the nursery, they were personal property until she planted them, or annexed them, to the land, making them fixtures and part of the real property.
What are percolating water rights?
Percolating water rights include the right to draw water from underground resources (such as wells) for the landowner’s use.
What are Littoral Rights (pertaining to water rights)?
Littoral rights are the rights of landowners whose lands border commercially navigable closed bodies of water, such as lakes and oceans. To remember this, recall that both littoral and lake begin with L. As with riparian rights, state laws govern littoral rights. Absent other laws, owners with littoral rights have unrestricted use of the water and own the land up to the average high-water mark. Landowners may use the water but may not divert it to deprive others of its use or contaminate it in any way.
What are Riparian Rights (pertaining to water rights)?
Riparian rights are common law rights granted to landowners whose land abuts a natural flowing body of water, such as a river or stream. To remember this, keep in mind that riparian and river both start with R.
Each state has laws governing riparian rights, but in the absence of other laws, landowners own the land to the exact center of a non-navigable waterway and to the edge of a navigable waterway. A navigable waterway is defined as one that’s large enough to support commercial boat traffic. Landowners may use the water but may not divert it to deprive those downstream of its use, or contaminate it in any way.
What is Accretion (pertaining to water rights)?
The process by which water carries rock, sand, and soil and causes land build-up
What is Alluvion (pertaining to water rights)?
New deposits of land that are the result of accretion (common at the mouth of large rivers)
What is Avulsion (pertaining to water rights)?
Loss of land by sudden large-scale changes in water flow
What is reliction (pertaining to water rights)?
Gradual receding of water, which uncovers new land
What does appurtenance mean in terms of real property?
Appurtenance in real property means the inherent or automatic ownership rights that are the natural consequences of property ownership. Property owners may keep, sell, or lease these rights. Some of these rights include:
Profit License Air rights Subsurface rights Water rights
Define surface water
Surface water includes all water in rivers, streams, lakes, wetlands, and other natural waterways. Surface water is owned by the public.
define ground water
Ground water, sometimes called percolating water, is water in underground aquifers (in the soil or rock.)
define tributary ground water
Tributary ground water is all water in natural surface streams and groundwater that’s hydraulically connected to surface water, either because the surface water percolates into the groundwater source, or because the groundwater seeps into surface water bodies.
define non-tributary ground water
Non-tributary ground water is either water that’s separated from surface water by some impermeable layer in the aquifer or water that’s so far from the surface that there’s no connection to surface water
Define Denver Basin
Denver Basin ground water isn’t tributary in nature; it’s drawn from four deep underground aquifers.
what is a water right?
A water right is the right to use (not own) some predetermined portion of Colorado’s water as provided by the court decree or a well permit that defines the water right.
what is the doctrine of prior appropriation (as it pertains to water rights)
The doctrine of prior appropriation states that the first user to divert water from a stream and put it to beneficial used establishes and maintains a senior right over other, later withdrawals from the same stream (junior rights). The doctrine is referred to as a “first in time, first in right” policy.
Alluvion describes new deposits of land that are the result of what natural process?
Accretion
Colorado’s surface water is owned by ___?
The public
How are groundwater rights in CO determined?
According to the doctrine of prior approriation
Based on the doctrine of prior appropriation, which governs the use of surface water in colorado, how are the rights assigned?
The first user to divert the water for beneficial use has the senior water right
In the rectangular survey system, what is a base line?
An east-west line used as a reference point
If you’re selling a property located in a subdivisuion, which form of legal description will you likely see for this property?
Lot and block
how big is a survey section?
one square mile or 640 acres
A __ is a point, line, or surface from which a vertical height or depth is measured.
datum
___ are a legal description used when describing units within a multistory building such as a condominium.
Air lots
A township consists of __ sections, each measuring one square mile
36
What is the difference between a spot survey and an improvement survey?
A spot survey results in an improvement location certificate (ILC) that provides reasonable assurance regarding property boundaries and possible encroachments.
An improvement survey takes the parcel’s boundaries from a land survey plat and adds the location of buildings and hardscapes on the property.
___ is co-ownership with inheritance rights. Owners may sell their interest without the consent of co-owners. Each has an undivided interest in the entire property.
Tenancy in common
__ is a type of estate where a married couple own a property, equal and undivided; they each own the entire estate.
Tenancy by the entirety
__ requires four ownership unities: time, title, interest, and possession.
Joint tenancy
___ is co-ownership without inheritance rights. When one joint tenant dies, the other joint tenants receive the benefit of that share of the estate.
Joint Tenancy
Real property is defined as…
Real property is land + real estate + the bundle of rights
The bundle of rights includes…
rights of possession, enjoyment, exclusion, control, and disposition
What test do you use to determine if something is a fixture?
The MARIA test
- Method of annexation
- Adaptability of item to land’s use
- Relationship of the parties
- Intention in placing items on land
- Agreement of the parties
What are the four economic characteristics of property and the three physical characteristics?
The four economic characteristics of property are: scarcity, improvements, permanence, and area preference.
The three physical characteristics are: immobility, indestructibility, and uniqueness
These characteristics give the property its value.
___ in real property means the automatic ownership rights that are the natural consequences of property ownership, such as minerals, water, and air related to a property. These rights run with the property but can be converted separately from the property.
Appurtenances
Colorado water is administered according to the ____
Doctrine of prior appropriation - which states that water rights are determined by priority of beneficial use. This means that the first person to use water or divert water for a beneficial use or purpose can acquire individual rights to the water.
A ___ estate involves the right to possess, use, and convey real estate, in contrast to a __ estate, which implies no ownership rights
A freehold estate involves the right to possess, use, and convey real estate, in contrast to a leasehold estate, which implies no ownership rights. The interest in a freehold estate can be passed down to heirs (this is called a fee simple estate), or the interest can be valid just for the individual’s lifetime (known as a life estate).
A ___ is also known as a “fee simple absolute.” ___ estates convey all the rights of ownership (otherwise known as the bundle of rights) possible, including use, disposition, and inheritability. This is the ownership you’re likely familiar with, because most titles are held as __ estates. This type of ownership endures for an indefinite period of time.
Fee simple
A __ differs from a freehold estate because it doesn’t convey the entire bundle of rights: the owner only holds the estate for the length of someone’s lifetime (sometimes her own). The owner must pay taxes, property insurance, and any mortgage payment to prevent foreclosure. The owner must also maintain the property so that when the estate ends, whoever gains possession of the property doesn’t face dimished value or use
Life estate
This defines the legal relationship between the parties who sign the lease. It grants possession, but not title, to the tenant, and is for a limited period of time
Leasehold Estate
This is a fixed termination type of lease that may be for a day, week, month, year, several years, or any definite period of time. When the specified date occurs, the lease terminates automatically.
Estate for years
This involves possessory interest that’s automatically renewed at the end of each period specified in the lease. An example would be a month-to-month lease
Periodic Estate
In this type of leasehold, the duration of the release is unknown at the time it’s created.
Estate at will
This is a type of possession in which a tenant stays after the right to possess has terminated.
Estate at sufferance (aka tenancy at sufferance)
This is a tenant who refuses to leave after the expiration of a lease
Holdover tenant
This is a contract that transfers possession for consideration
Lease
This is the one who leases and is placed in possession (tenant)
Lessee
This is the one who leases out, granting temporary possession to another (landlord)
Lessor
__ is a life estate created for the life of another, for example an estate granted to Norman for the length of his mother’s life.
Pur autre vie
Rules governing the relationship between real estate professional and the person being represented are defined in the ____
the law of agency
What is the difference between implied agency and express agency?
An implied agency is one that exists because of the behavior of the participants. There is no written contract.
An express agency exists because a written or oral agreement in place.
What are the OLD CAR fiduciary duties that you owe to your client?
Obedience
Loyalty
Disclosure
Confidentiality
Accounting
Reasonable skill and care
What are the two fiduciary duties that survive agency termination?
Confidentiality and accounting
The duty to account for all money and property ends once all money and property have been accounted for. The duty of confidentiality never ends.
In what situations is agency terminated?
When the client’s goals have been met, the term of the agency agreement expires, or there is mutual dissolution.
Or…
- Upon the broker’s or principal’s incapacitation
- The property involved is destroyed
- The broker or principal declares bankruptcy
- Either the client or the broker revokes the agreement
A ___ is someone who is empowered to do anything the principal could do personally, which means their authority is virtually unlimited.
Universal Agent
A ___ is a licensee who is appointed by the broker to represent one party in an in-house transaction.
Designated agent
Most real estate transactions are special agency; property managers, however, often serve as ___ agents.
General agents
A ___ has responsibility to handle all details of a specific transaction.
General agent
A ___ or specific agent has a limited scope of authority.
Special agent
A relationship in which one party (the principal) authorizes another party (the agent) to act as the principal’s representative in dealing with third parties
Agency
What are the OLD CAR fiduciary duties?
- Obedience
- Loyalty
- Disclosure
- Confidentiality
- Accounting
- Reasonable Care and Diligence
What is a sub-agent?
A licensee from another firm who assists the buyer but represents the listing agent and the seller
What is a single agent?
A broker or salesperson engaged by and representing only one party in a real estate transaction
What is a dual agent?
One broker representing both the buyer and the seller in a single transaction
What is a designated agent?
A licensee authorized by a broker to act as the agent for a specific principal in a particular transaction
What is transactional brokerage?
A broker that helps a buyer and a seller with paperwork but does not represent either party
Which two duties to a client survive agency termination?
Confidentiality and Accounting
What are the three standard types of listing agreements?
Exclusive Right-to-Sell Agreement which allows the listing agent to list the property and receive a commission, no matter who brings the buyer to the seller
Exclusive Agency Agreement where only one broker lists the property. If that broker or any other broker sells the property, the listing agent is owed a commission. However, if the owner finds a buyer/tenant, the owner pays nothing.
Open Listing Agreement is a unilateral agreement in which a seller may contract with many real estate agents to locate a buyer. Only the agent who brings the buyer earns the commission, and if the seller finds the buyer himself, no one is owed a commission.
An agreement that allows the seller to contract with multiple agents but only pay a commission to the agent who locates a buyer is called an ____
Open Listing Agreement
An agreement that allows the seller to work with an agent while still trying to locate the buyer themselves is called an ___. If the seller finds the buyer, a commission is not owed to the agent.
Exclusive Agency Agreement
An ___ allows the listing agent to list the property and receive a commission no matter who brings the buyer to the table.
Exclusive Right-to-Sell Agreement
What is a Net Listing?
an agreement in which the seller specifies a desired price for the property and agrees that the broker’s commission listing will be any amount above that price. Net listings can be written for exclusive right to sell, exclusive agency, or open listings.
Although net listings are allowed in Colorado, they are discouraged by the commission because of the potential conflict of
interest.
What are some of the main reasons a listing agreement, which is a legal contract, may be terminated?
- The sale of the property
- Mutual Agreement
- Expiration
- Agent Abandonment
- Seller’s request (seller may owe commission)
When a licensee represents, advocates solely for, and seeks a sale of the property at the best price and terms available or acceptable to the seller
Seller Agency
A commonly-used exclusive right-to-sell listing agreement furnished by Colorado Association of REALTORS® (CAR)
Exclusive Seller Listing Agreement
When a licensee represents, advocates solely for, and seeks a property purchase at the best price and terms for the buyer
Buyer Agency
The ___ requires certain contracts, such as those involving the sale of real property, to be in writing and signed to be enforceable
The statue of frauds
The ___ is the party who receives the property title
Grantee
The grantor is the seller and the grantee is the buyer.
The ___ is the party who transfers the property title
Grantor
The grantor is the seller and the grantee is the buyer.
A ___ is a written and signed legal document that transfers ownership from one party to another
Deed
Contracts conveying the ownership or interest in real property must be in writing to be valid and enforceable according to the ___.
Statute of frauds
Consideration is compensation for the transfer of a property. This can be ___ consideration (“love and affection”) or ___ consideration (monetary or something with monetary value).
Consideration is compensation for the transfer of a property. This can be good consideration (“love and affection”) or ** valuable consideration** (monetary or something with monetary value).
___ are required in deeds and usually accompany the words, “Subject to all easements and restrictions of record.”
Restrictions and exceptions are required and usually accompany the words, “Subject to all easements and restrictions of record.”
Pertaining to surveying:
__ relate to measurements; __ relate to permanent structures that form the measurement’s starting or ending point.
Metes relate to measurements; bounds relate to permanent structures that form the measurement’s starting or ending point.
What are the two forms of legal property descriptions?
Metes and bounds, and reference to lot and block (found in a plat)
A __ deed does not offer any warranties to the grantee, but simply releases any ownership interest of the grantor and is used to clear title “clouds.”
A quitclaim deed does not offer any warranties to the grantee, but simply releases any ownership interest of the grantor and is used to clear title “clouds.”
A __ deed gives ownership of foreclosed property to the highest bidder.
A referee deed gives ownership of foreclosed property to the highest bidder.
A __ deed may come with or without covenants of warranty.
A bargain and sale deed may come with or without covenants of warranty.
The covenant of __ means the grantor holds the title specified in the deed.
The covenant of “seisin” means the grantor holds the title specified in the deed.
A __ deed provides the strongest and broadest form of title guarantee.
A full covenant and warranty deed provides the strongest and broadest form of title guarantee.
A __ deed provides the following covenants: seisin, right to convey, covenant against encumbrances, quiet enjoyment, further assurances, and warranty.
A warranty deed (aka full covenant and warranty deed) provides the following covenants: seisin, right to convey, covenant against encumbrances, quiet enjoyment, further assurances, and warranty.
The covenant of __ means the grantor defends the title to the grantee against lawful claims of others.
The covenant of warranty means the grantor defends the title to the grantee against lawful claims of others.
The covenant of ___ means the grantee has possession and will not be disturbed in the use and enjoyment of the property.
The covenant of quiet enjoyment means the grantee has possession and will not be disturbed in the use and enjoyment of the property.
__ occurs when property is acquired by adverse possession, descent, eminent domain, escheat, foreclosure, natural processes, or regulatory taking.
Involuntary alienation occurs when property is acquired by adverse possession, descent, eminent domain, escheat, foreclosure, natural processes, or regulatory taking.
___ occurs when a property owner willfully transfers property, by deed or by will.
Voluntary alienation occurs when a property owner willfully transfers property, by deed or by will.
__ is the act of transferring ownership of a property.
Alienation is the act of transferring ownership of a property.
The purpose of ___ is to determine the validity of a will, where one exists, and supervise the distribution of an estate, whether a will exists or not.
The purpose of probate is to determine the validity of a will, where one exists, and supervise the distribution of an estate, whether a will exists or not.
___ is the state’s power to claim the property of someone who died intestate with no heirs or creditors.
Escheat is the state’s power to claim the property of someone who died intestate with no heirs or creditors.
When a person dies, when is an administrator used vs. an executor?
An executor is used when a person dies with a will and that person is named in the will as the executor.
An administrator is used when a person dies without a will
The build-up of land from sand, silt, or gravel over water (think the pond)
Accretion
The land mass formed by the build-up of sand, silt, or gravel over water
Alluvion
The increase of land resulting from the gradual, permanent withdrawal of water
Reliction
The sudden loss or gain of land due to water
Avulsion
The gradual loss of land due to water, wind, or other natural disturbances
Erosion
The addition of value to property through labor or the addition of new materials
Accession
A __ occurs when private property is taken or regulated by a government authority to the detriment of the landowner, and the property owner is deprived of all economically viable uses of the property and cannot get a reasonable investment return.
A taking occurs when private property is taken or regulated by a government authority to the detriment of the landowner, and the property owner is deprived of all economically viable uses of the property and cannot get a reasonable investment return.
__ is the process of the government taking private property through its power of eminent domain.
Condemnation is the process of the government taking private property through its power of eminent domain.
___ is the power of the government to take private land for public use.
Eminent domain is the power of the government to take private land for public use.
The ___ means the soon-to-be-foreclosed-on property owner can redeem his right to the property by paying off all debts and foreclosure fees relating to the property, which can only be done prior to the foreclosure sale itself.
The right of redemption means the soon-to-be-foreclosed-on property owner can redeem his right to the property by paying off all debts and foreclosure fees relating to the property, which can only be done prior to the foreclosure sale itself.
Foreclosed-on properties are conveyed using a __ deed, commonly referred to as a referee’s deed.
Foreclosed-on properties are conveyed using a judicial deed, commonly referred to as a referee’s deed.
___ is the legal process used to determine a will’s validity and to ensure it accurately reflects the deceased person’s wishes.
Probate is the legal process used to determine a will’s validity and to ensure it accurately reflects the deceased person’s wishes.
A ___ happens when the courts grant an individual or an entity (usually a lender or mortgage holder) the right to sell a property
A court-ordered sale happens when the courts grant an individual or an entity (usually a lender or mortgage holder) the right to sell a property
A ___ is a debt against a property. An ___ is the authorized use of another’s property for a specific purpose. An ___ is an affixed intrusion onto another person’s property.
A lien is a debt against a property. An easement is the authorized use of another’s property for a specific purpose. An encroachment is an affixed intrusion onto another person’s property.
An ___ on property title may be monetary or physical. It limits the owner’s use of the property, and can affect its marketability and value.
An encumbrance on property title may be monetary or physical. It limits the owner’s use of the property, and can affect its marketability and value.
___ can take precedence over all other liens, except real estate property tax liens and super liens.
Mechanic’s liens can take precedence over all other liens, except real estate property tax liens and super liens.
In Colorado, for properties in an HOA, ___ have priority over first mortgage liens.
In Colorado, for properties in an HOA, super liens have priority over first mortgage liens.
An ___ is a non-possessory right acquired by one party to use the land of another party for a special purpose.
An easement is a non-possessory right acquired by one party to use the land of another party for a special purpose.
An easement ___ is attached to a specific parcel of land, transfers with the land, and grants the right to use adjoining property. An easement in ___ granted to a specific individual or business entity rather than attached the property itself.
An easement appurtenant is attached to a specific parcel of land, transfers with the land, and grants the right to use adjoining property. An easement in gross granted to a specific individual or business entity rather than attached the property itself.
The ___ estate is the one that suffers the easement; the ___ estate is the one that enjoys the easement.
The servient estate is the one that suffers the easement; the dominant estate is the one that enjoys the easement.
A ___ easement is a voluntary, legal agreement between a landowner and a land trust or government entity that attaches to the land and enforces permanent use and development restrictions.
A conservation easement is a voluntary, legal agreement between a landowner and a land trust or government entity that attaches to the land and enforces permanent use and development restrictions.
What are CC&Rs?
Covenants, Conditions, and Restrictions
Covenants are agreements between two or more parties. If the agreement is violated, ownership-or tenancy, in the case of a lease- can be terminated. So if a landlord and tenant have a covenant that states no pets and the tenant brings in a pet, the lease can be terminated.
Conditions are contingencies on which ownership of a property might be lost if the condition is violated. For instance, a grandmother could pass her property on to an heir on the condition that the heir never marry. If the heir does, ownership would be severed. The property would revert to the grantor or another heir.
Restrictions, or restrictive covenants, are a type of deed restriction imposed by a developer who wants to maintain specific standards in a subdivision that’s still under development. The developer doesn’t want early residents in the development to create issues that will impede future sales. For instance, a deed restriction may involve the types and heights of fencing that may be used. Owners may be prohibited from using plastic fencing, parking their recreational vehicles on the street, or placing basketball hoops where they will be in view of the street.
Regarding restrictive covenants/deed restrictions, to what does the doctrine of laches refer?
The doctrine of laches refers to the enforcement of restrictive covenants. If property owners don’t protect their rights to enforce these covenants, they can lose them.
Describe these governmental powers:
- Eminent Domain
- Escheat
- Eminent Domain: The government power to take private land for public use
citizens. Condemnation is the PROCESS by which the govt exercises eminent domain - Escheat: The state’s power to take property when an owner who has no heirs dies or abandons the property for more than five years
- Taking occurs when a government acquires or regulates private property to the detriment of the landowner, who is deprived of all economically viable uses of the property and can’t get a reasonable return on the property
___ is the power of the government to take private land for public use. ___ is the process of actually taking someone’s property. The government must compensate private owners for property taken through the power of eminent domain.
Eminent domain is the power of the government to take private land for public use. Condemnation is the process of actually taking someone’s property. The government must compensate private owners for property taken through the power of eminent domain.
__ is a governmental power to seize and sell the property of a deceased person when no heirs or creditors can be found.
Escheat is a governmental power to seize and sell the property of a deceased person when no heirs or creditors can be found.
Describe “Taking”
“Taking” occurs when private property is taken or regulated by a government authority to the detriment of the landowner, and the property owner is deprived of all economically viable uses of the property and cannot get a reasonable return on the property.
What is Eminent Domain and Condemnation
Eminent domain is the power of the government to take private land for public use. Condemnation is the process of actually taking someone’s property. The government must compensate private owners for property taken through the power of eminent domain.
What does the planning board do?
The planning board advises all other municipal agencies on land use matters, creates and updates the community’s master plan, and reviews and approves site plans for subdivision development. It will also recommend zoning changes as necessary.
What is the difference between a special use permit and a variance when it comes to zoning?
A special use permit (aka a conditional use permit) allows conditional use in a zone based on those uses and conditions expressly listed in the ordinance. For example, a church could be built in a residential district with a special use permit, on the condition that it has appropriate measures for parking so it doesn’t negatively impact the neighborhood. These require a public hearing but don’t require the property owner to show hardship because of the current zoning.
A variance allows owners to develop a property in a way that’s not normally allowed by the physical or dimensional requirements of the current zoning. It is a permitted deviation in the zoning ordinance requirements. It requires the owner to prove the special circumstances that make the zoning requirements a hardship.
What are the two types of variances?
Area variances and use variances.
An area variance allows the owner to develop a property in a way that’s not normally allowed by the physical or dimensional requirements of the current zoning.
A use variance isn’t used in every municipality. It allows the owner to use the property for a purpose that would otherwise be prohibited by the zoning in place. For example, if the owner wishes to operate a hair salon from his basement when the zoning doesn’t allow commercial operations.
Who creates subdivision regulations?
The planning commission
A __ is the public record of subdivision plats held at the county clerk’s office.
Plat book
What is nonconforming use?
When existing uses that don’t comply with new zoning regulations are permitted to continue
When zoning is first placed in an area or an area is rezoned, any existing uses that don’t comply with the zoning are grandfathered in. This is called nonconforming use. An example is a corner grocery store suddenly finds itself in the middle of a residential neighborhood due to zoning changes. It may stay a corner grocery store, but can’t expand into a big box store
What is the biggest difference between an area variance and a use variance?
A use variance prevents economic loss of the property. An area variance need not show potential economic loss.
An area variance need not show potential economic loss, but it also must not be detrimental to surrounding properties
What is an encumbrance
A limitation on a property title, such as a lien or easement
An encumbrance on real property that usually must be satisfied before the title can be transferred; often used as security for a debt
Lien
What is the difference between voluntary liens and involuntary liens?
In a voluntary lien, the owners agree to have a security placed on themselves or their property.
With an involuntary lien, the creditor places the lien without the owner’s consent via legal means
