Property Ownership and Land-use Controls Flashcards
___________ are attached to and run with the land.
Appurtenances
The government controls water rights and grants permits for the beneficial use of water, such as irrigation , under ________________.
The doctrine of Prior appropriation.
real estate is transferred by a ___________.
Deed
Real Property is transferred by a ___________.
Bill of sale
Mineral rights may be transferred when a property is sold, and are often held by a ____________.
Third Party
Land is never a ____________.
fixture
a fixture is __________, while personal property is usually __________.
Built in , Free standing
MARIA
Method Adaptability Relationship Intent Agreement
Fixtures must be ____________ from purchase agreement if the seller s not going to convey.
excluded
The _____________ regarding the items is the best indication of what fixtures or personal property items will be conveyed.
written Agreement
Emblements
are annually cultivated crops that belongs to a tenant farmer who planted them, unless otherwise agreed.
If trade fixtures or emblements are transferred, they will be by a _________________.
Bill of Sale
Personal property must be ______________, Fixtures must be _____________.
included in writing, excluded in writing.
Land is not a ______________, it cannot be used to purchase goods or turned into cash quickly.
Liquid asset
A survey is used to ________ or ___________ a legal description.
Create or confirm
Monuments (used in metes and bounds description)
monuments are visible markers that establish property boundaries.
“Starting at or commencing at” is used to begin a description of property using the ______________ system
Metes and Bounds
Metes
Measurement in feet, compass degrees
Bounds
Shape or boundaries
A Section is 1 mile by 1 mile square an contains ______ Acres.
640
An acre contains _____________ square feet.
43,560
Once a final map is approved, but before building a development, the plat map must be _______________.
recorded , usually in the county recorder office
Recorded “Plat” Map descriptions are most common in ________________ areas.
urban residential
Government Land use Controls: Master plans are used to control ____________.
Growth
There are separate building codes for ________, _______, _______ and so on.
plumbing , electrical, fire
Zoning laws and ordinances are set at a ________ level.
local ( city or county)
Buyers should be told to verify that the ___________ will meet their needs before closing.
zoning
________________ use allows the owner to continue present use that no longer complies with the current zoning , which is known as a grandfather clause. The owner may not enlarge improvements or rebuild if improvements are destroyed
Non Conforming use
a ___________ allows an individual owner to vary or deviate from the strict compliance with zoning in order to relieve or prevent economic hardship.
Variance .
note that a variance does not change zoning regulation, each property owner must apply for a variance to do something.
Brokers and salespersons should explain that it is the _________ to verify that the current zoning rules will meet the buyers needs.
buyers responsibility
you are doing a great job
keep up the good work
All property other then real estate is known as ___________.
Personal Property or Chattel
Real Estate consists of three things: _________, ___________, _____________.
Lands, improvements and Rights ( appurtenances)
If a seller is taking a fixture, it must have been ___________ from the purchase agreement.
excluded
Land is not considered a ________ asset.
Liquid asset
When articles of personal property are permanently attached to the improvements they become ______________.
Fixtures
Before a new building can be inhabited, a _________________ is required.
Certificate of occupancy
Permission to vary from strict compliance with zoning requirements may be obtained in the form of a ___________.
Variance
When a previously established use does not comply with the requirements of a new zoning ordinance , it may be allowed to continue as a _____________________.
non conforming use
Townships, sections, and meridians are used in the ____________________ form of legal description.
rectangular survey
A legal description that uses compass degrees is ____________.
metes and bounds
The type of legal description used in most urban areas is ______________.
Lots, Blocks and Subdivisions
A ____________________ may be used to separate two incompatible zoning uses.
Buffer zone
Real estate and fixtures are transferred with a __________.
Deed
Personal property is transferred with a ___________.
Bill of sale
If a buyer is keeping the sellers personal property it must be __________ in the purchase agreement.
included
Eminent domain is the governments right to “take” ____________ in a process is called ____________.
private land, condemnation
Property taxes have priority over ________________.
all other lens
Special Assessments are
Special Assessments are charges against specific properties that benefit from a public improvement.
The governments rights in land can be remembered by the memory aid P E T E
Police Power
Eminent domain
Taxation
Escheat
a freehold estate grants _________ for an indefinite period of time while a leasehold estate (less then freehold) grants __________ for a fixed term.
ownership, possession
________________ grants the maximum control of property and lasts forever.
Fee Simple Absolute
Fee Simple Defeasible or ________________ is created by a deed condition and is normally a gift. If the deed condition is violated , Title may revert back to the grantor.
qualified fee
Life estate my be measured by the life of the grantee or by another life. Upon death of the life tenant, the estate returns to ____________________ and goes to the party named in the deed, either the grantor or the third party.
Fee Simple Absolute
Life Tenancy : Upon death of the life tenant, the estate returns to Fee Simple Absolute and goes to the party named in the deed, either the grantor -- \_\_\_\_\_\_\_\_ or the third party -- \_\_\_\_\_\_\_\_\_\_\_\_\_.
grantor ( reverter )
or
a third party ( remainderman )
in an estate ( tenancy ) for years there is a specific termination date and _______________ is required at the end of the lease.
no advance notice
Death of a landlord does not terminate the estate for years
An _________ is the right to use the lands of another for a specific purpose. It attaches to and runs with the land – and transfers with the deed (its appurtant)
Easement
An easement created by an express written agreement is not _________ once given.
revocable
unless an easement is released, _____________ with the deed.
it will transfer
deed restrictions are privatly created controls on land use that protect _____________ and ____________ of property owners.
property values
and
the interest
Deed restrictions must be for _______________ purposes. (cannot restrict property owners based on race or other protected groups)
Lawful
