Private Land Use Flashcards
Private land use control includes such things as:
easements, liens, deed restrictions, subdivision regulations
A ____ limits the use or appearance of a given property, and it can be placed on an individual property, on an entire subdivision. Both developers and individual owners have the right to place private controls on their own real estate. May run with the land forever and will appear on all future deeds, or it may have a time limit.
deed restriction
___ are contingencies in which a property might be won or lost if the condition is violated. For instance, a grandmother may pass her property on to an heir on the condition that the heir never marries. If the heir does, ownership would be severed.
Conditions
____ are agreements between two or more parties. If the agreement is violated, ownership—or tenancy, in the case of a lease—can be terminated. Property owners can enforce this agreement through the court system.
Covenant
____ is the minimum distance which a building or other structure must be set back from a street or road, a river or other stream, a shore or flood plain, or any other place which is deemed to need protection.
Setbacks
If the property owner violates the condition, the property can ___________. Property owners can enforce covenants through the court system. In fact, they need to be sure to be consistent in their enforcement, or they could lose the covenant through laches.”
revert to the owner—the grantor.
This doctrine ays that if you don’t use it, you can lose it. Property owners who are lax in protecting their rights can lose their rights. The courts won’t restrict violators and the covenant terminates.
doctrine of laches
Examples of deed restrictions
Exterior material color No boats or RVs in the driveway Property size and setbacks Architectural design Fence height and style
____ is the government’s authority—at the state, local and federal level—to do what it can to ensure the health, safety, and welfare of its citizens. Included in this power is the government’s authority to tax real estate and personal property to generate funds that support government operations as well as the right to place a lien on property until all taxes are paid.
Police power
Land and open space, planning and zoning, and subdivision development are controlled at the ____ level.
Local
___ governments and their planning boards control budgeting, site plan review, and building codes.
Local
____ has control over some public properties
The state
This act regulates land sales across state lines. Administrated by the Consumer Financial Protection Bureau
Interstate Land Sales Full Disclosure Act
Before anyone signs a purchase contract, the developer has to give the buyer a disclosure document called a ___. The report contains information about the subdivision. The buyer has a seven-day period after receiving the report to cancel the purchase agreement. For those who don’t provide the disclosure, the buyer can rescind the contract just based on that.
Property Report
a term used to mean the permitted use of a property. For instance, in a single-family zoning district, an as-of-right use of the lot would include the construction of a single-family home.
As-of-right zoning
