Limitations on Property Rights

Question 1

Encumbrance

Answer 1

restrictions that limit real property rights

Question 2

Government (public) Limitations

Answer 2

4 ways (P.E.T.E) that feds, local and state regulate what property owners can do with their property

Question 3

Police Power

Answer 3

Gov Limitations - gov to regulate private activity if it’s in the public’s best interest to do so.

ex: local zoning ordinance and building codes

Question 4

Eminent Domain

Answer 4

Gov Limitations - force sale of privately owned property if it is in the public’s best interest.

gov has to pay owner fair market value for property.

Question 5

Condemnation

Answer 5

the act to taking the land from an owner through eminent domain

Question 6

Severance Damage

Answer 6

gov only takes a portion of the land through eminent domain

Question 7

Inverse Condemnation

Answer 7

gov action diminishes value to an adjacent property. owner can claim compensation

Question 8

Taxes

Answer 8

Gov Limitations - municipal property taxes. primary source of revenue for municipal governments

Question 9

Municipal

Answer 9

relating to a city or town or its governing body

Question 10

Escheat

Answer 10

Gov Limitations - reversionary interest the state maintains in all privately owned property.

if property owner dies without heirs then the property goes to the state

Question 11

Zoning

Answer 11

regulating and controlling land use. Towns use master plans drafted by planning commission to plan their future development

Question 12

Use

Answer 12

Zoning - purpose for which the property will be used.

ex: commercial for business and residential for living

Question 13

Height

Answer 13

Zoning - building height

Question 14

Setbacks

Answer 14

Zoning - distance from lot lines before building is permitted

Question 15

Lot Size

Answer 15

Zoning - minimum permissible lot size

Question 16

Buffer Zones

Answer 16

Zoning - areas where you cannot build anything. ease transition between zoning areas

ex: industrial to residential zone

Question 17

Single Family Homes (detached homes)

Answer 17

property only containing one unit

Question 18

Multifamily Homes (apartment buildings)

Answer 18

property containing several different units, but is not subdivided.

Question 19

Condominiums

Answer 19

subdivided units contained within common areas

Question 20

Cooperatives

Answer 20

shared property owned by a company or corporation

Question 21

Mixed Use Developments

Answer 21

property containing multiple uses

ex: retail and residential

Question 22

Planned Unit Developments

Answer 22

mixed use land developments that are often exempted from certain zoning regulations

Question 23

Nonconforming Use

Answer 23

Zoning Bypass - legal use existed prior to enactment of current zoning ordinances. grandfathered under zoning if structure was legal when built.

Question 24

Variance

Answer 24

Zoning Bypass - special permission to do something otherwise forbidden by zoning rules

Question 25

Conditional (Special) Use Permits

Answer 25

Zoning Bypass - limited variance. allow commercial and residential use that wouldn’t otherwise be permitted.

They are restricted to specific public use case deemed to be in public interest

ex: grocery store

Question 26

Converted Use Properties

Answer 26

CUPs. towns use these permits instead of variances

ex: allowing a residential property to be used commercially. dentist office is a house

Question 27

Steps to receive a variance or conditional use permit..

Answer 27

1. property owner applies for a permit with local zoning ordinance officer or building inspector
2. they look at the local zoning rules and determine if allowed

Question 28

if permit is approved..

Answer 28

property owner can build whatever was on the submitted permit , subject to local rules

Question 29

if permit is denied..

Answer 29

1. owner appeals to local zoning board of appeals by applying for variance/conditional use permit.
2. ZBA reviews application. see if any hardship is imposed on owner by local zoning rules and any negative impact to be had on community.
3. Neighbors get chance to comment on impact during public hearing
4. Owner will show the uniqueness to prove the need for the variance

ex: river cuts through property and is not present on other properties

Question 30

Building Codes

Answer 30

basic requirements for construction without specific implementation (must have smoke detector but don’t need to specify what brand)