Property Descriptions (Kapplan PPP, 180)

Question 1

Metes and bounds

Answer 1

A narrative describes a property:

• beginning at a specific point on the property boundary
• describes length
• Direction of boundaries until entire property is encompassed

Question 2

Covenants

Answer 2

Large scale residential land development prior to advent zoning

Question 3

Restrictive Covenants

Answer 3

Covenants are normally used to limit the height, size, or appearance of a building.
- Require a minimum cost and floor area specific to
style type of construction. and other restrictions.
- Covenant must be legal and enforceable (Kaplan,
PPP, 181)

Question 4

Easement

Answer 4

Another restriction on a property owners right to utilize his land as s/he wishes.
An acquired right of use, interest, or privilege by one par on the property of another. There can be compensation paid for an easement, can also be temporary
Example: the right of a public utility or government entity to use private land to gain access for the placement and maintenance of utility service

Question 5

Party Wall Agreement

Answer 5

Another type of Easement used in row housing, where a common or party wall is shared by two adjacent owners.
-If one owner wishes to build before the other a party wall agreement is entered in which the first owner builds and uses the wall. When the second owner builds he pays the first owner half of the cost of construction.

Question 6

Driveway Easement

Answer 6

Two private owners share joint use of a strip of land between two houses, running a line through the centerline

Question 7

Easements created by Condemnation

Answer 7

For example, when land is taken for a street, highway, or railroad,
Generally, the taker acquires easements, although some states require complete ownership of land acquired.
Example (aircraft flight path

Question 8

Private right of way

Answer 8

An easement that allows one person to traverse the land of another in order to reach his on a property,

Question 9

Public right of way

Answer 9

comes into existence simply by the long-established use of a pathway or roadway over private land whose owner fails to deter such use.

Question 10

Subsurface rights

Answer 10

(examples of soil, and oil, Pipe, cable line etc. below ground utilities) Commonly leased or sold, this may have little effect on the usefulness of surface land, but if mineral rights by another party may pose problems if that party has the right to enter land at will.

Question 11

Air rights

Answer 11

Can be sold or leased, example of Madison Square Garden or Grand Central Station.
-Can be expansive soo only worth it if it yields high land value.

Question 12

Solar rights

Answer 12

Solar rights refer to the right of a site or building to have access o solar radiation

• Neighboring buildings located east, south, or west of site
• Mostly concerning during winter months when sun is low angled
• May require the building to be located further apart (not economical in urban settings)
• Or if solar rooftop collects are in plan may require building to sty same height

Question 13

Historic Facade Easement

Answer 13

Established by municipality to protect historically valuable architectural facade in an area where redevelopment is occurring

Question 14

Eminent Domain

Answer 14

When the government uses its power to relinquish the property for a public project

• Owner receives compensation when the property is appropriated in this way
• Public utilities possess and exercise a limited power of eminent domain in the form of an easement, so they may construct power lines and other distribution systems

Question 15

Development Impact Financing

Answer 15

Federal Government has curtailed many programs that provide financial support to cities and suburbs such as grants, for schools, utilities, open space acquisitions, waste treatment, etc.

• Sometimes community prevents new development,
• Sustainable design encourages development called smart growth encouraging higher density, mass transit, moderate-income housing.

Question 16

Exactions

Answer 16

Typically municipalities include payments for cos of schools, roads, utilities, etc.
Considered to be a donation of open spaces for moderate-income housing in a development

Question 17

Development Rights transfer

Answer 17

When a historical building or site is sold to the next owner, they can are allowed to make modifications but must be under public examination to preserve the historic property.