Real Property Characteristics, Definitions, Ownership, Restrictions and Transfer

Question 1

Spot Zoning

Answer 1

An illegal rezone that favors (or restricts) a particular property owner (or a small group of owners) without justification.

Question 2

Tax Lien

Answer 2

A lien on real property to secure the payment of taxes.

Question 3

Variance

Answer 3

A permit obtained from the local zoning authority allowing the holder to use the property or build a structure in a way that violates the zoning ordinance.

Question 4

Easement by Necessity

Answer 4

A special kind of easement by implication that occurs when the dominant tenement would be completely useless without an easement, even if it is not a long-standing, apparent use.

Question 5

Escheat

Answer 5

When property reverts to the state after someone dies without leaving a valid will and without heirs.

Question 6

Encroachment

Answer 6

A physical property intruding onto neighboring property often due to a mistake regarding the boundry,

Question 7

Subdivision Regulations

Answer 7

State and local laws that must be complied with before land can be subdivided.

Question 8

Zoning Laws

Answer 8

Local ordinances dividing a city, county, etc. into zones, allowing different types of land use in different areas. (A government restriction via its police power.)

Question 9

Deed Restriction

Answer 9

A restriction on real property use, imposed by a former owner; promise to do or not do an act relating to real property; usually owner’s promise to not use property in a particular way. May or may not run with land. Also called: Restrictive Covenant

Question 10

Non-possessory Interest

Answer 10

An interest in property that does not include the right to possess and occupy the property; an encumbrance, such as a lien or an easement.

Question 11

Eminent Domain

Answer 11

The government’s constitutional power to take (appropriate or condemn) private property for public use, as long as the owner is paid just compensation. (Government taking of private land is called condemnation.)

Question 12

Latent Defect

Answer 12

A defect that is not visible or apparent; a hidden defect that would not be discovered in a reasonably thorough inspection of property.

Question 13

Lis Pendens

Answer 13

A recorded notice stating that there is a lawsuit pending that may affect title to the defendant’s real estate.

Question 14

Easement by Implication

Answer 14

An easement created by operation of law (not express grant or reservation) when land is divided, if there is a long-standing, apparent use that is reasonably necessary for enjoyment of the dominant tenement. Also called an implied easement.

Question 15

Condemnation

Answer 15

1. Taking private property for public use, through the government’s power of eminent domain. Also called appropriation. 2. A declaration that a structure is unfit for occupancy and must be closed or demolished.

Question 16

Joint and several liability

Answer 16

Persons are individually held liable for damages along with the group

Question 17

Covenant

Answer 17

1. A contract. 2. A promise. 3. A guarantee (express or implied) in a document such as a deed or lease. 4. A restrictive covenant. (Typical covenants compel or prevent certain actions by the property owner or uses for the property.)

Question 18

Easement by Prescription

Answer 18

An easement acquired by prescription. Also called a prescriptive easement.

Question 19

General Lien

Answer 19

A lien against all property of a debtor, instead of a particular piece of property.

Question 20

Easement by Express Reservation

Answer 20

An easement created in a deed when a landowner is dividing the property, transferring the servient tenement but retaining the dominant tenement.

Question 21

Dominant Tenement

Answer 21

Property that receives the benefit of an appurtenant easement.

Question 22

Building Code

Answer 22

Government regulations specifying minimum construction and building standards to safeguard the health, safety, and welfare of the public.

Question 23

Encumbrance

Answer 23

A nonpossessory interest in property; a lien, easement, or restrictive covenant, burdening the property owner’s title.

Question 24

Nonconforming Use

Answer 24

Property use that doesn’t conform to current zoning laws, but is allowed because the property was being used that way before the new zoning law was passed.

Question 25

Mechanic’s Lien

Answer 25

A specific lien claimed by someone who performed work on the property (construction, repairs, or improvements) and has not been paid. This term is often used in a general sense, referring to materialmen’s liens as well as actual mechanics’ liens.

Question 26

Strict Liability

Answer 26

When someone is held legally responsible for an injury to another, even though he or she did not act negligently.