Real Estate AZ - Land Dev, Zoning, Encumber, Liens 2 Flashcards
B_____ Z____
An Area Separating Two Incompatibly Zoned Areas From Each Other.
Chap 2
Buffer Zone -
An Area Separating Two Incompatibly Zoned Areas From Each Other.
Chap 2
S______
The Minimum Distance From the Street and/or Lot Lines to Build Structure
Setback -
The Minimum Distance From the Street and/or Lot Lines to Build Structure
Chap 2
NAOS: N_____ Area Op___ Sp____ -
Easement Restricting and Preserving Use of Natural Environment
NAOS: Natural Area Open Space -
Easement Restricting and Preserving Use of Natural Environment
Chap 2
An Area Set Off by Municipal Authorities for Specific Use (Residential, Commercial, Agricultural, Industrial, Special Purpose)
Chap 2
Zone -
An Area Set Off by Municipal Authorities for Specific Use (Residential, Commercial, Agricultural, Industrial, Special Purpose)
Chap 2
V_____ -
Use Granted In Violation of the Zoning Ordinance, when Zoning Poses a Undue Hardship.
Example: Build a Garage Closer To the Property Line than the Setback Allows.
Variance -
Use Granted In Violation of the Zoning Ordinance, when Zoning Poses a Undue Hardship.
Example: Build a Garage Closer To the Property Line than the Setback Allows.
Chap 2
Non-C_______ U___ (Gra________ U___)
Pre-dates Zoning Ordinance
Nonconforming Use (Grandfathered Use) -
Pre-dates Zoning Ordinance
Chap 2
Encu________ -
Claim**, **Right** or **Interest Held by Non-Legal Owner By Deed Restriction, Easement or Liens
Chap 2
Encumbrance -
Claim**, **Right** or **Interest Held by Non-Legal Owner By Deed Restriction, Easement or Liens
Chap 2
D____ R_______
- Restrictive Covenants, CCR’s.
- Enforced By - Property Owners and HOA. Can seek “In______ Relief,” In Court.
- Most Restrictive Applies - Zoning vs Restriction.
- “For Sale” or “For Rent” Signs and Solar Devises - MAY NOT Be Prohibited, But Must Conform to Industry Standards
Chap 2
Deed Restrictions -
- Restrictive Covenants, CCR’s.
- Enforced By - Property Owners and HOA. Can seek “Injuctive Relief,” In Court.
- Most Restrictive Applies - Zoning vs Restriction.
- “For Sale” or “For Rent” Signs and Solar Devises- MAY NOT Be Prohibited, But Must Conform to Industry Standards
Chap 2
Easement App______ -
- Gives Right Across Property for Benefit of Adjacent Property.
- It is a Permanent Easement.
- Easement May Be For Ingress and Egress Access to Water or Utilities.
Chap 2
Easement Appurtenant -
- Gives Right Across Property for Benefit of Adjacent Property.
- It is a Permanent Easement.
- Easement May Be For Ingress and Egress Access to Water or Utilities.
Chap 2
Easement In Gr_____
- Right Across Property for Benefit of 3rd Party (Utility Easement)
- Not To Be Confused with Easement Appurtenant.
Chap 2
Easement in Gross - 3rd Party
- Right Across Property for Benefit of 3rd Party (Utility Easement)
- Not To Be Confused with Easement Appurtenant.
Chap 2
Easement P_______ -
- Gives One Person Permission (License) To Cross or Use Another’s Property
- Not permanent, May Be Revoked
Chap 2
Easement Personal -
- Gives One Person Permission (License) To Cross or Use Another’s Property
- Not permanent, May Be Revoked
Chap 2
C________ Easement -
An Agreement that Limits Certain Types of Uses or Prevents Development** **from Taking Place on Property, when Land in Private Ownership.
Chap 2
Conservation Easement -
An Agreement that Limits Certain Types of Uses or Prevents Development** **from Taking Place on Property, when Land in Private Ownership.
Chap 2
Ways to Terminate Easements:
- Mer____
- Quit C_____ Deed (Title Defects)
- Quiet T____ Action (Court Action Remove Cloud)
Chap 2
Ways to Terminate Easements:
- Merger
- Quit Claim Deed (Title Defects)
- Quiet Title Action (Court Action Remove Cloud)
Chap 2
Assessments Revealed by Survey, and Liens for Public Improvements (Lights, Sidewalks, Pavement, Etc) are called?
Chap 2
Government Assessments -
Assessments Revealed by Survey, and Liens for Public Improvements (Lights, Sidewalks, Pavement, Etc)
Chap 2
Con_____ -
Legally Enforceable Agreement, To Do or Not To Do a Specific Thing. Promise or a Set of Promises, Courts will Enforce.
Chap 3
Contract -
Legally Enforceable Agreement, To Do or Not To Do a Specific Thing. Promise or a Set of Promises, Courts will Enforce.
Chap 3
Assessments for Specific Improvements (Lights, Sewer)
Special Assessments -
Assessments for Specific Improvements (Lights, Sewer)
Chap 2
Liens placed against a Specific Property, such as Real Estate Taxes, Government Assessments, Mechanical Liens**, but also **Mortgages, Trust Deeds, and Land Contracts
Chap 2
Specific Liens -
Liens placed against a Specific Property, such as Real Estate Taxes, Government Assessments, Mechanical Liens**, but also **Mortgages, Trust Deeds, and Land Contracts
Chap 2
G_____ Liens -
Liens Placed Against an Individual and All Real and Personal Property, such as
Examples: Judgement and Income Tax Liens.
General Liens -
Liens Placed Against an Individual and All Real and Personal Property, such as
Examples: Judgement and Income Tax Liens.
Chap 2
Priority of Liens are:
- Pro____ Taxes,
- Fore_____ Costs,
- Sp_____ Assessments,
- Mec_____ Liens,
- HOA Assessements
Priority of Liens are:
- Property Taxes,
- Foreclosure Costs,
- Special Assessments,
- Mechanic Liens,
- HOA Assessements
Chap 2
Court Action to Remove Cloud
Chap 2
Quiet Title Action -
Court Action to Remove Cloud
Chap 2
Deed Used to Clear Title Defects. Has No Warranties.
Example: Taking Spouse Off Title.
Chap 2
Quit Claim Deed -
Deed to Clear Title Defects
Chap 2
Claim (Money Encumbrance) on Property to Secure Debt
Chap 2
Lien -
Claim (Money Encumbrance) On Property to Secure Debt
Chap 2
Equivalent to 9 SqFt
Chap 2
1 Sq Yard
Equivalent to 9 sq ft.
Chap 2
Cov______ -
Type of Agreement in a Contract or Obligation, Restricts the Buyer from Taking Some Action or Requires that They Abstain from a Specific Action
Covenant -
Type of Agreement in a Contract or Obligation, Restricts the Buyer from Taking Some Action or Requires that They Abstain from a Specific Action
Chap 2
E______ -
Right to Use Another’s Property for a Specific Purpose
Chap 2
Easement -
Right to Use Another’s Property for a Specific Purpose
Chap 2
When There is a Right Across one Property For the Benefit of the Adjacent Property. The Adjacent Property Benefited by the Easement is called
Dominant Parcel -
When There is a Right Across one Property For the Benefit of the Adjacent Property. The Adjacent Property Benefited by the Easement and called Dominant Parcel
Chap 2
When there is a Right Across a Property (an easement). What is the Property Called that has the Easement Across it?
Chap 2
Servient Parcel -
When there is a Right Across a Property (an easement). That property with Right Across it is Servient.
Chap 2
A Right a Property Owner has In an Adjacent Property By Which the Adjacent Property Owner May Not Interfer with View of Easement Holder.
View Easement -
A Right a Property Owner has In an Adjacent Property By Which the Adjacent Property Owner May Not Interfer with View of Easement Holder.
Chap 2
Easement by N________
Land Owned by Single Owner Broken into 2 or More Parcels, and One Parcel is Landlocked, this Easement Gives Access to Public Roads.
Easement by Necessity
Land Owned by Single Owner Broken into 2 or More Parcels, and One Parcel is Landlocked, this Easement Gives Access to Public Roads.
Chap 2
An Easement created by Adverse Possession?
Prescriptive Easement -
An Easement created by Adverse Possession
Chap 2
Method of Taking Title or Interest in Property of Another. Person taking Title/Interest Must Show Court it was Taken In the Following Manner
- N - Notoriously
- O - Open
- C - Continuous
- H - Hostile or Adverse
Adverse Possession -
Method of Taking Title or Interest in Property of Another. Person taking Title/Interest Must Show Court it was Taken In the Following Manner:
- N - Notoriously
- O - Open
- C - Continuous
- H - Hostile or Adverse
Chap 2
M_____ -
Holder of Easement Buys the Property.
Merger -
Holder of Easement Buys the Property.
Chap 2
Building or Improvement that Invades or Trepasses Onto Someone Else’s Property. Can Be Revealed By a Survey
Examples: Driveway or Garage that Extends Over Property Lines. Overhanging Tree or Roof.
Encroachment -
Building or Improvement that Invades or Trepasses Onto Someone Else’s Property. Can Be Revealed By a Survey
Examples: Driveway or Garage that Extends Over Property Lines. Overhanging Tree or Roof.
Chap 2
Money Encumbrances are called?
Liens -
Money Encumbrances
Chap 2
Dimensions of a Parcel Along Street. 1st Measurement Given.
Front Footage -
Dimensions of a Parcel Along Street. 1st Measurement Given.
Chap 2
Court Ordered Liens (also General Liens). General Liens Go Against an Individual and All Real/Personal Property.
Judgment Liens -
Court Ordered Liens (also General Liens). General Liens Go Against an Individual and All Real/Personal Property.
Chap 2
Claims Placed by the Government For Nonpayment of Income Taxes (also General Liens)
General Liens Go Against Individual, Real/Personal Property.
Income Tax Liens -
Claims Placed by the Government For Nonpayment of Income Taxes (also General Liens)
General Liens Go Against Individual, Real/Personal Property.
Chap 2
Liens Placed By the Owner on Property (also considered Specific Liens)
- Mortgages
- Trust Deeds
- Land Contracts
Voluntary Liens -
Liens Placed By the Owner on Property (also considered Specific Liens)
- Mortgages
- Trust Deeds
- Land Contracts
Chap 2
Placed by Action of Law Against a Property without the Owner’s Consent.
Involuntary Liens -
Placed by Action of Law Against a Property without the Owner’s Consent.
Chap 2
When Planning to Dig in Arizona. Need to call 811 to Find Out where Underground Utilities May be Marked
Blue Stake (811) -
When Planning to Dig in Arizona. Need to call 811 to Find Out where Underground Utilities May be Marked
Chap 2
Which of the following situations BEST illustrates a zoning variance?
- Creating a Political Zone
- Granting Permission to Build an Improvement Contrary to the Exisiting Zoning
- A Use in Violation of Present Zoning Laws but Permitted because the Use was In Effect Prior to the Current Zone
- A Grandfathered Use
Which of the following situations BEST illustrates a zoning variance?
- Creating a Political Zone
- Granting Permission to Build an Improvement Contrary to the Exisiting Zoning
- A Use in Violation of Present Zoning Laws but Permitted because the Use was In Effect Prior to the Current Zone
- A Grandfathered Use
When an Easement Appurtenant exist between two Parcels of Land which are Separately Owned the:
- Dominant Tenement has Use of This Easement Only for Ingress and Egress
- Servient Tenement is Benefitted by the Easement
- Dominant Tenement is Benefitted by the Easement
- Servient Tenement May Revoke the Use of Easement by Giving Proper Notice.
When an Easement Appurtenant exist between two Parcels of Land which are Separately Owned the:
- Dominant Tenement has Use of This Easement Only for Ingress and Egress
- Servient Tenement is Benefitted by the Easement
- Dominant Tenement is Benefitted by the Easement
- Servient Tenement May Revoke the Use of Easement by Giving Proper Notice.
Chap 2
After Buyiing a House the Buyer discovers that Roof is 2 Feet from Property Line and should be 5 Feet by law. Best Solution:
- File Cliam Under their Homeowner’s Insurance
- Apply for a Variance in the Zoning Law
- Negotiate with Adjacent Owner
- Sell Property without Disclosing Condition
After Buyiing a House the Buyer discovers that Roof is 2 Feet from Property Line and should be 5 Feet by law. Best Solution:
- File Cliam Under their Homeowner’s Insurance
- Apply for a Variance in the Zoning Law
- Negotiate with Adjacent Owner
- Sell Property without Disclosing Condition
Chap 2
