Public and Private Control: Terms Flashcards
Board of Adjustment
The body to which one would appeal in order to obtain a variance to do something contrary to the current zoning law
Buffer Zone
An area established by the zoning and planning commission to separate commercial and industrial areas from residential. Its purpose may be safety or economics
Building Codes
Rules set by government to establish minimum standards of construction
CC&R’s
Covenants, conditions, and restrictions. The abbreviation give to restrictions and requirements created in the Uniform Declaration of Restrictions for condominiums
Condemnation Action
Process by which government exercises the power to transfer ownership of property from private to public use.
Dominent Tenement
the name given to a property that encumbers a neighboring property with an easement
Easement Appurtenant
An easement which attaches to the land and/or the deed, and passes from owner to owner with the deed.
Easement by Implication
An unexpressed, but legally binding understanding regarding a right of way between the parties, created by their actions.
Easement by Necessity
Created by a court of law in situations where justice and need, not convenience, dictate the appropriateness of the easement; such as the case of land locked property.
Easement by Prescription
An easement created by adverse use. The use must be adverse, hostile, open, notorious and continuous. This type of easement can be prevented by giving permission to the user, or by ordering the user to discontinue the use before the statutory period passes. (It requires 20 years in Utah.)
Easement in Gross
An Easement which is personal in nature and does not pass with the deed or the land. It runs with the persons who agreed to it for the term of their lives, or with the need for which it was created, such as a utility easement.
Egress
Leaving a property by traveling across the servient tenement Property
Eminent Domain
The right of the government to take title, at fair market value, to land owned by a private individual
Encroachment
The unauthorized intrusion of a building, tree, or other improvements onto a neighbor’s property
Encumbrance
Anything which burdens the title to real property so as to restrict, limit, or otherwise affect an owner’s rights
Escheat
This occurs when someone dies without a will, having no heirs.
Ingress
Entering by traveling across the servient tenement property
Injunction
Legal action taken to enforce the restrictive covenants in the Uniform Declaration of Restrictions or to prevent a neighbor from encroaching.
Inverse Comdemnation
The legal process by which a private individual sues to have the property taken by eminent domain
Legal Non-conforming Use
the right of an individual to continue a use of land contrary to current zoning regulations because the use existed prior to the establishment of the current zoning category
Merger
The joining of two contiguous properties so as to extinguish a lesser right. For instance, this process can terminate an easement on land locked property
Party Wall
A common wall between two properties, usually involving a zero lot line.
Police Power
The right of government, such as in zoning, to exercise control over private property without their consent and without compensation
Servient Tenement
The name given to a property encumbered by an easement appurtenant, such as a landlocked situation
Special Purpose Property
Property that doesn’t fit one of the standard zoning classifications (residential, commercial, agricultural, etc.) is put in this general category.
Spot Zoning
The process involved when the zoning and planning commission changes the zoning of a single lot to be different from others surrounding it.
Uniform Declaration of Restrictions
The document that is used when a sub-divider or developer records a group of restrictive covenants on all of the lots in a subdivision
Urban Renewal
The procedure of condemning private property as a blighted area and having it torn down and rebuilt
Variance
The right of an individual to do something that violates current zoning regulations because the zoning and planning commission or Board of Adjustment granted that right
Zoning
A right of state governments to regulate the height, bulk and use of private property in order to protect the health, morals, welfare, and safety of the public; usually delegated to the local level
