PA - Focused Set Flashcards
What is an easement?
the right to use another’s land for a specific purpose, or to prevent the land’s owner from using it for a specific purpose
legal instrument and recorded
What is a utility easement?
allows a utility company to enter the property to install and maintain utility lines above or below the ground
within the boundaries of the easement
no permanent structures can be erected within the easement without the utility company’s consent
What is an access easement?
if a parcel of land is not served by a public road, an access easement may be granted that gives the landowner and the public the right to cross an adjacent property
What is a support easement”
for the construction of common party walls between properties
What is a joint use easement?
allow two or more property owners to share a common feature such as a driveway
What is a scenic easement?
protect views and development in scenic areas
What is a conservation easement?
A conservation easement is a voluntary, legal agreement that protects the natural resources of a parcel of land by restricting future land use and/or development on the property “in perpetuity” (permanently).
What is a right of way?
Right-of-way - the legal right of one party or the public to traverse land belonging to another
Often refers to the public land used for streets and sidewalks
What is a restrictive deed?
a deed to a property that contains a provision that restricts the use of the property by the buyer
- Legal and enforceable if they are reasonable and in the public interest
- Often used in residential subdivisions to maintain a desired uniformity of appearance
What is an affirmative covenant?
requires a buyer to perform a specific duty in the future (ex. Construct and maintain a fence)
What is a conditional covenant?
permits the title to the property to revert to the original owner if the restrictions prescribed in the deed are not followed
What are the four levels of historic preservation (from most stringent to least)?
Preservation
Rehabilitation
Restoration
Reconstruction
What does preservation entail?
Attempts to retain all historic fabric through conservation, maintenance, and repair
What does rehabilitation entail?
Emphasizes the retention and repair of historic materials, but gives more latitude to replacement, typically because the property is more deteriorated before work begins
What does restoration entail?
Focuses on the retention of materials from the most significant time in a property’s history, while permitting the removal of materials from other periods