Part 3 Flashcards
Estoppel
Stopping a person from asserting a claim by reason of his own previlous representations which refute his new claim. Even if it’s true.
Exactions
Requirement of development to dedicate or pay for all or a portion of land costs of public facilities as a condition of development approval.
Extraterritorial Jurisdiction (ETJ)
The unincorporated area that is contiguous to the corporate boundaries of the city of Tyler and that is located within five miles of those boundaries.
Family
Not more than six individuals occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
Farm or Farmland
parcel of land used for growing or raising agricultural products, including related structures thereon.
Fee Simple Absolute
describes a type of estate in real property which is the greatest available interest for all practical purposes. The title is without limitations or conditions to the owner, his heirs and assigns.
Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters or unusual and rapid accumulation or runoff of surface waters from any source.
Flood Plain
An area of land subject to inundation by a 100-year frequency flood, as shown on the flood plain map of the city.
Floodway Easement
An easement within the flood plain as defined herein which includes a channel, plus any adjacent flood plain area that must be kept free of encroachment and obstruction in order that the one hundred year frequency flood may be conveyed without increasing the flood elevation at any point on the channel by more than one foot.
Four Corners Rule
relies upon the entire instrument for the construction of its meaning when interpreting ambiguous deeds.. It has supplanted to a large degree, the repugnancy doctrine. Formerly, some jurisdictions relied upon the idea that earlier language in a deed could not be contradicted by later language in the same instrument.
Frontage
The distance along a property line which is also the right-of-way line of a dedicated street or approved private street.
Grantee
Person receiving the land grant
Grantor
Person issuing the land grant
Greenbelt
An open space that may be of irregular form upon which existing vegetation is preserved or an area is reserved for the planting of living plant materials. No habitable structures are allowed within this open space. Bathrooms and other
Homeowners Association (HOA)
A formally constituted, non-profit association or corporation, comprised of the property owners and/or residents of a formally recognized residential area, which may take permanent responsibility for costs and upkeep of semi-private community facilities.
Incorporeal Tenement
Refers to a property right that is in tangible and can’t by physically seen or touched
Industrial Park
A development of industrial sites, whether located inside or outside the city
Intentions
of the parties are considered to be the controlling consideration in construing the terms of a deed. If the language of a deed is unambiguous under the rules on construction brought to bear by the court, evidence of a contrary intent is often considered immaterial. The intent that prevails is the intent expressed in the written language of the deed.
Intestate
Died without a will
Joint Tenents
do not hold an undivided interest in the property, they cannot devise their part to their heirs; rather, upon the death of a joint tenant, the survivors acquire the interest. They have acquired their interest from the same conveyance and acquire the interest left vacant at length to the last survivor.
