Legal Descriptions and Land Use Controls

Question 1

Methods for describing and locating land

Answer 1

*Lot and Block System (Recorded Plat or Subdivision)
Metes and Bounds
Government Survey System (GSS)
Colorado Coordinate System

Question 2

Lot and Block

Answer 2

A proper legal description lists the lot, block, subdivision, city, county and state. Determined by a plat map.
Example: Lot 23, Block 14, San Rafael Addition, Third Filing, City and County of Denver, Colorado

Question 3

Metes and Bounds

Answer 3

Measurements & Boundaries is used if there is no plat map or land is irregular in size

Question 4

Benchmark

Answer 4

reference mark permanently affixed to a durable object, such as an iron post

Question 5

Datum

Answer 5

A level surface from which distance is measured up or down. Sea level is the most common datum.

Question 6

Meridians

Answer 6

Run north-south between the north and south poles, and are measured in degrees east or west of the Greenwich Prime Meridian in England.

Question 7

Base Lines

Answer 7

Run east-west and are parallel to, and measured in degrees north or south of, the equator.

Question 8

plat map

Answer 8

boundaries and measurements, streets, alleys, utility easements, parks and everything the developer plans

Question 9

POB

Answer 9

Point of Beginning, marked by “monuments”

Question 10

base parallel

Answer 10

designated line for identifying townships

Question 11

correction line

Answer 11

Every 24 miles north and south of a base parallel

Question 12

check or quadrangle

Answer 12

24-by-24-mile square created by the intersection of guide meridians and standard parallels

Question 13

principal meridian

Answer 13

the single designated meridian for identifying townships in a jurisdiction

Question 14

GSS

Answer 14

Government Survey System

Question 15

Area (rectangle and triangle)

Answer 15

Area of a rectangle: Area = length x width
Area of a triangle: Area = ½ base x height
(square ft, square yard, acre)

Question 16

Volume (rectangle and triangle)

Answer 16

A rectangle: Volume = length x width x depth
A triangle: Volume = ½ base x height x depth
(cubic ft, cubic yard)

Question 17

Three types of land use controls

Answer 17

Private
Public
Publicly owned Land

Question 18

Measurements

Answer 18

1 mile = 5,280 feet 
1 square yard = 9 square feet 
1 cubic yard = 27 cubic feet 
1 square mile = 640 acres 
1 acre = 43,560 square feet

Question 19

Limiting restrictions

Answer 19

things you cannot do

Question 20

Affirmative restrictions

Answer 20

things you must abide by

Question 21

Unenforceable Restrictions

Answer 21

any restriction that violates public policy or is discriminatory is not enforceable

Question 22

Private Deed Restriction

Answer 22

written agreement to establish controls for private land, which limit the use or occupancy of the land, and are part of a developer’s plan

Question 23

encumbrance

Answer 23

limitation

Question 24

Easements

Answer 24

non-monetary limitation (right to use)

Question 25

types of easements

Answer 25

Appurtenant easements - real property. May not be sold independent of the land.
Easements in Gross - personal property. May be sold separately from the land.
Sight (Light and Air) Easement

Question 26

Encroachments

Answer 26

an unauthorized intrusion of a building or other improvement onto another person’s land

Question 27

license

Answer 27

(usually oral) permission to use another’s property on a non-exclusive basis for a specific purpose

Question 28

specific liens

Answer 28

attach to a specific piece of property

Question 29

general liens

Answer 29

attach to all assets of a debtor within the jurisdiction of the court

Question 30

voluntary liens

Answer 30

mortgage or deed of trust

Question 31

equitable liens

Answer 31

arising from a contract

Question 32

statutory liens

Answer 32

based in state law as all other liens

Question 33

order of precedence

Answer 33

1st Lien = General ad valorem Taxes
2nd Lien = Special Assessments
3rd Lien = Flat rate unmetered water and sewer charges
4th Lien = Homestead exemption.

Question 34

mechanic’s lien

Answer 34

set at the beginning of work on the project

Question 35

planning & zoning

Answer 35

Bulk Zoning: Controls density and avoids overcrowding
Aesthetic Zoning: Requires that new buildings conform to specific types of architecture.
Directive Zoning: Encourages zoning as a planning tool to use land for its highest and best use.
Zero Lot Line: used to describe the positioning of a structure on a lot so that one side rests directly on the lot’s boundary line.
Enabling Acts: A statute creating the power or authority to carry out an activity.

Question 36

exceptions to zoning

Answer 36

Buffer Zones to separate and screen residential areas from nonresidential areas.
Nonconforming Use: improvement that does not comply with the zoning ordinances because it was constructed prior to the adoption of the zoning laws.

Question 37

Escheat

Answer 37

The right of government to take title to private property when the owner dies without a will

Question 38

Eminent Domain

Answer 38

The owner must have due process in the courts system.
The property must be for the public good or use.
The property owner must be paid compensation for the property.