Public And Private Control

Question 1

Encumbrance

Answer 1

A burden on a title, including any claim right, lien a state or liability that limits the fee, simple estate anything that removes sticks from an owners bundle of rights is it considered an encumbrance.

Can be money, such as mortgages or trusteed a note or non-money, such as an easement.

Encumbrances can be voluntary such as a mortgage or involuntary, such as a mechanics lien an encroachment, a judgment or Taxes

Question 2

Specific Lien

Answer 2

Is specifically is against one or more properties as specified in the lead

Question 3

General Lien

Answer 3

A lien against an individual and whatever real property or personal property or other resources, they may have such as a salary 

Question 4

Police power

Answer 4

Allows the government to require licenses for certain things.
Allows the government to use property, temporary early and without consent in responding to an emergency

Question 5

Four sovereign powers of government

Answer 5

Taxation, escheat, eminent domain, and police power

Question 6

Escheat

Answer 6

When an individual dies, leaving, no will, and no heirs ownership of his or her property S cheats or passes back to the state the state cannot take ownership until the statutory. Has passed, which is three years giving Apple time for heirs to come forth on the state takes ownership. The property is deeded to the state for the benefit of the school fund.

Question 7

Bulk zoning

Answer 7

Controls density and overcrowding by regulating height, lot size setback, side yards and rear yard requirements 

Question 8

Board of adjustments

Answer 8

Answers appeals from owners desiring to change zoning

Question 9

Legal non conforming

Answer 9

Permitted use of a property established at the time of construction, even though the zoning requirements were later
changed

Question 10

Variance

Answer 10

Permission to vary from prevailing zoning regulations for either building or use purposes 

Question 11

Spot zoning

Answer 11

I’m all the way across town a provision in a general plan, which benefits, a single parcel of land by creating a different different zone for use just for that parcel which would be different from surrounding properties in the area 

Question 12

Encroachment

Answer 12

An unauthorized intrusion onto another’s property. Examples would be overhanging trees or shrubs senses. Garage is or sheds built across property lines.

Question 13

Easement appurtenant

Answer 13

Runs with the land, right of way

Question 14

Easement in gross

Answer 14

An easement granted to a specific person or specific need. Utility easement or hunting fishing

Question 15

A dominant tenement or dominant estate

Answer 15

The right of an individual to a specific use of another persons property the dominant tenant is the one who holds the easement 

Question 16

Servient tenement

Answer 16

The obligation of an individual created by an easement to Grant specific used to another, is the servient tenement property

Question 17

Mutual agreement

Answer 17

Both parties agree, contractually for the easement  easement in gross

Question 18

Deed restriction

Answer 18

This would be an easement appurtenant as well, but it is written into the deed of the property 

Question 19

Implications

Answer 19

The right of this type of easement is created by the act or act of the individual who will become the servant tenant. An example would be a person who gives away. Mineral rights implies that there is an easement to access those mineral rights. 

Question 20

Easement by necessity

Answer 20

The most common example is a landlocked piece of land that would have no other way to get to the property 

Question 21

Easement by prescription

Answer 21

When an unauthorized rate of use, sometimes called adverse use has been assumed, and the US has continued for a statutory period and easement by prescription has been created, and the owner will be unable to force or discontinue the use