Real Estate AZ - Land Dev, Zoning, Encumber, Liens 2 Flashcards

1
Q

B_____ Z____

An Area Separating Two Incompatibly Zoned Areas From Each Other.

Chap 2

A

Buffer Zone -

An Area Separating Two Incompatibly Zoned Areas From Each Other.

Chap 2

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2
Q

S______

The Minimum Distance From the Street and/or Lot Lines to Build Structure

A

Setback -

The Minimum Distance From the Street and/or Lot Lines to Build Structure

Chap 2

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3
Q

NAOS: N_____ Area Op___ Sp____ -

Easement Restricting and Preserving Use of Natural Environment

A

NAOS: Natural Area Open Space -

Easement Restricting and Preserving Use of Natural Environment

Chap 2

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4
Q

An Area Set Off by Municipal Authorities for Specific Use (Residential, Commercial, Agricultural, Industrial, Special Purpose)

Chap 2

A

Zone -

An Area Set Off by Municipal Authorities for Specific Use (Residential, Commercial, Agricultural, Industrial, Special Purpose)

Chap 2

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5
Q

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.

A

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

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6
Q

Non-C_______ U___ (Gra________ U___)

Pre-dates Zoning Ordinance

A

Nonconforming Use (Grandfathered Use) -

Pre-dates Zoning Ordinance

Chap 2

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7
Q

Encu________ -

Claim**, **Right** or **Interest Held by Non-Legal Owner By Deed Restriction, Easement or Liens

Chap 2

A

Encumbrance -

Claim**, **Right** or **Interest Held by Non-Legal Owner By Deed Restriction, Easement or Liens

Chap 2

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8
Q

D____ R_______

  1. Restrictive Covenants, CCR’s.
  2. Enforced By - Property Owners and HOA. Can seek “In______ Relief,” In Court.
  3. Most Restrictive Applies - Zoning vs Restriction.
  4. “For Sale” or “For Rent” Signs and Solar Devises - MAY NOT Be Prohibited, But Must Conform to Industry Standards

Chap 2

A

Deed Restrictions -

  1. Restrictive Covenants, CCR’s.
  2. Enforced By - Property Owners and HOA. Can seek “Injuctive Relief,” In Court.
  3. Most Restrictive Applies - Zoning vs Restriction.
  4. “For Sale” or “For Rent” Signs and Solar Devises- MAY NOT Be Prohibited, But Must Conform to Industry Standards

Chap 2

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9
Q

Easement App______ -

  1. Gives Right Across Property for Benefit of Adjacent Property.
  2. It is a Permanent Easement.
  3. Easement May Be For Ingress and Egress Access to Water or Utilities.

Chap 2

A

Easement Appurtenant -

  1. Gives Right Across Property for Benefit of Adjacent Property.
  2. It is a Permanent Easement.
  3. Easement May Be For Ingress and Egress Access to Water or Utilities.

Chap 2

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10
Q

Easement In Gr_____

  1. Right Across Property for Benefit of 3rd Party (Utility Easement)
  2. Not To Be Confused with Easement Appurtenant.

Chap 2

A

Easement in Gross - 3rd Party

  1. Right Across Property for Benefit of 3rd Party (Utility Easement)
  2. Not To Be Confused with Easement Appurtenant.

Chap 2

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11
Q

Easement P_______ -

  1. Gives One Person Permission (License) To Cross or Use Another’s Property
  2. Not permanent, May Be Revoked

Chap 2

A

Easement Personal -

  1. Gives One Person Permission (License) To Cross or Use Another’s Property
  2. Not permanent, May Be Revoked

Chap 2

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12
Q

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

A

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

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13
Q

Ways to Terminate Easements:

  1. Mer____
  2. Quit C_____ Deed (Title Defects)
  3. Quiet T____ Action (Court Action Remove Cloud)

Chap 2

A

Ways to Terminate Easements:

  1. Merger
  2. Quit Claim Deed (Title Defects)
  3. Quiet Title Action (Court Action Remove Cloud)

Chap 2

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14
Q

Assessments Revealed by Survey, and Liens for Public Improvements (Lights, Sidewalks, Pavement, Etc) are called?

Chap 2

A

Government Assessments -

Assessments Revealed by Survey, and Liens for Public Improvements (Lights, Sidewalks, Pavement, Etc)

Chap 2

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15
Q

Con_____ -

Legally Enforceable Agreement, To Do or Not To Do a Specific Thing. Promise or a Set of Promises, Courts will Enforce.

Chap 3

A

Contract -

Legally Enforceable Agreement, To Do or Not To Do a Specific Thing. Promise or a Set of Promises, Courts will Enforce.

Chap 3

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16
Q

Assessments for Specific Improvements (Lights, Sewer)

A

Special Assessments -

Assessments for Specific Improvements (Lights, Sewer)

Chap 2

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17
Q

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

A

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

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18
Q

G_____ Liens -

Liens Placed Against an Individual and All Real and Personal Property, such as

Examples: Judgement and Income Tax Liens.

A

General Liens -

Liens Placed Against an Individual and All Real and Personal Property, such as

Examples: Judgement and Income Tax Liens.

Chap 2

19
Q

Priority of Liens are:

  1. Pro____ Taxes,
  2. Fore_____ Costs,
  3. Sp_____ Assessments,
  4. Mec_____ Liens,
  5. HOA Assessements
A

Priority of Liens are:

  1. Property Taxes,
  2. Foreclosure Costs,
  3. Special Assessments,
  4. Mechanic Liens,
  5. HOA Assessements

Chap 2

20
Q

Court Action to Remove Cloud

Chap 2

A

Quiet Title Action -

Court Action to Remove Cloud

Chap 2

21
Q

Deed Used to Clear Title Defects. Has No Warranties.

Example: Taking Spouse Off Title.

Chap 2

A

Quit Claim Deed -

Deed to Clear Title Defects

Chap 2

22
Q

Claim (Money Encumbrance) on Property to Secure Debt

Chap 2

A

Lien -

Claim (Money Encumbrance) On Property to Secure Debt

Chap 2

23
Q

Equivalent to 9 SqFt

Chap 2

A

1 Sq Yard

Equivalent to 9 sq ft.

Chap 2

24
Q

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

A

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

25
Q

E______ -

Right to Use Another’s Property for a Specific Purpose

Chap 2

A

Easement -

Right to Use Another’s Property for a Specific Purpose

Chap 2

26
Q

When There is a Right Across one Property For the Benefit of the Adjacent Property. The Adjacent Property Benefited by the Easement is called

A

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

27
Q

When there is a Right Across a Property (an easement). What is the Property Called that has the Easement Across it?

Chap 2

A

Servient Parcel -

When there is a Right Across a Property (an easement). That property with Right Across it is Servient.

Chap 2

28
Q

A Right a Property Owner has In an Adjacent Property By Which the Adjacent Property Owner May Not Interfer with View of Easement Holder.

A

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

29
Q

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.

A

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

30
Q

An Easement created by Adverse Possession?

A

Prescriptive Easement -

An Easement created by Adverse Possession

Chap 2

31
Q

Method of Taking Title or Interest in Property of Another. Person taking Title/Interest Must Show Court it was Taken In the Following Manner

  1. N - Notoriously
  2. O - Open
  3. C - Continuous
  4. H - Hostile or Adverse
A

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:

  1. N - Notoriously
  2. O - Open
  3. C - Continuous
  4. H - Hostile or Adverse

Chap 2

32
Q

M_____ -

Holder of Easement Buys the Property.

A

Merger -

Holder of Easement Buys the Property.

Chap 2

33
Q

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.

A

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

34
Q

Money Encumbrances are called?

A

Liens -

Money Encumbrances

Chap 2

35
Q

Dimensions of a Parcel Along Street. 1st Measurement Given.

A

Front Footage -

Dimensions of a Parcel Along Street. 1st Measurement Given.

Chap 2

36
Q

Court Ordered Liens (also General Liens). General Liens Go Against an Individual and All Real/Personal Property.

A

Judgment Liens -

Court Ordered Liens (also General Liens). General Liens Go Against an Individual and All Real/Personal Property.

Chap 2

37
Q

Claims Placed by the Government For Nonpayment of Income Taxes (also General Liens)

General Liens Go Against Individual, Real/Personal Property.

A

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

38
Q

Liens Placed By the Owner on Property (also considered Specific Liens)

  1. Mortgages
  2. Trust Deeds
  3. Land Contracts
A

Voluntary Liens -

Liens Placed By the Owner on Property (also considered Specific Liens)

  1. Mortgages
  2. Trust Deeds
  3. Land Contracts

Chap 2

39
Q

Placed by Action of Law Against a Property without the Owner’s Consent.

A

Involuntary Liens -

Placed by Action of Law Against a Property without the Owner’s Consent.

Chap 2

40
Q

When Planning to Dig in Arizona. Need to call 811 to Find Out where Underground Utilities May be Marked

A

Blue Stake (811) -

When Planning to Dig in Arizona. Need to call 811 to Find Out where Underground Utilities May be Marked

Chap 2

41
Q

Which of the following situations BEST illustrates a zoning variance?

  1. Creating a Political Zone
  2. Granting Permission to Build an Improvement Contrary to the Exisiting Zoning
  3. A Use in Violation of Present Zoning Laws but Permitted because the Use was In Effect Prior to the Current Zone
  4. A Grandfathered Use
A

Which of the following situations BEST illustrates a zoning variance?

  1. Creating a Political Zone
  2. Granting Permission to Build an Improvement Contrary to the Exisiting Zoning
  3. A Use in Violation of Present Zoning Laws but Permitted because the Use was In Effect Prior to the Current Zone
  4. A Grandfathered Use
42
Q

When an Easement Appurtenant exist between two Parcels of Land which are Separately Owned the:

  1. Dominant Tenement has Use of This Easement Only for Ingress and Egress
  2. Servient Tenement is Benefitted by the Easement
  3. Dominant Tenement is Benefitted by the Easement
  4. Servient Tenement May Revoke the Use of Easement by Giving Proper Notice.
A

When an Easement Appurtenant exist between two Parcels of Land which are Separately Owned the:

  1. Dominant Tenement has Use of This Easement Only for Ingress and Egress
  2. Servient Tenement is Benefitted by the Easement
  3. Dominant Tenement is Benefitted by the Easement
  4. Servient Tenement May Revoke the Use of Easement by Giving Proper Notice.

Chap 2

43
Q

After Buyiing a House the Buyer discovers that Roof is 2 Feet from Property Line and should be 5 Feet by law. Best Solution:

  1. File Cliam Under their Homeowner’s Insurance
  2. Apply for a Variance in the Zoning Law
  3. Negotiate with Adjacent Owner
  4. Sell Property without Disclosing Condition
A

After Buyiing a House the Buyer discovers that Roof is 2 Feet from Property Line and should be 5 Feet by law. Best Solution:

  1. File Cliam Under their Homeowner’s Insurance
  2. Apply for a Variance in the Zoning Law
  3. Negotiate with Adjacent Owner
  4. Sell Property without Disclosing Condition

Chap 2