Subdivision, planning, controls and development Flashcards
Easement
A right held by one property owner to make use of the land of another for a limited purpose
Easement
Another major type of encumbrance, unlike a loan, which can be paid off, easements are frequently permanent. They write acquired by one party, to use another parties land for a special purpose. Written agreement between the parties.
Types of easements
Easement appurtenant : permanent, right to use another land for the benefit of the neighbor
Easement in gross : right to use the land, does not necessarily involve an adjoining property, example would be utility lines
Easement of necessity : access to Road, without such an easement, the owner requiring the right of passage would be landlocked
Easement by prescription : acquired through years of use, permanent right to use another property by doing so far period of time. Use must be hostile, open, exclusive, notorious.
Permanent right to use another land for the benefit of a neighbor
Easement appurtenant
Right to use the land (not necessarily an adjoining property)
Easement in gross
This usually involves access to a road, what kind of easement
Is meant by necessity
What is the Easement that is acquired through years of use?
Easement by prescription
Easement in gross
A right to use the land example utility line spanning on both properties
Servient vs. dominant a state
The recipient of the right is dominant
The giver of the right is servient
A permanent right to use another’s land for the benefit of the neighboring parcel
Easement appurtenant
This type of easement is terminated when the reason for the easement no longer exist, such as when a new road is built that reaches a previously landlocked parcel
Easement by necessity
This type of easement is the right to use. The land of another end does not involve any adjoining estate. Utility companies often make use of these easement.
Easement in gross
A permanent right to use another’s property because you’ve been doing so for a statutory period of time
Easement by prescription
Shared between two buildings, and constructed by the boundary line between two owners lots
Party wall
Rights to occupy the property
Possessory
Easements fall into this category of rights
Nonpossessory
Wooden building, shrubs, fence, etc., illegally cross over into another property. Can lead to a claim of adverse possession or an easement by prescription.
Encroachment
Not classified as an encumbrance, this is a temporary right to enter the land or use property belonging to another for a specific purpose
License
Land is landlocked with no access to roads
Easement of necessity
A person uses another’s land without permission for sometime
Easement a prescription
Easement is created through express written language in a grant deed
Express grant or reservation
Easement is created through implied use of land or a parties prior used to land
Easement of implication of law
The government exercises it’s power of eminent domain
Easement of condemnation
Easement is created through written agreement between two land owners
Easement a contract
Terminations of easements
The easement Owner releases the Easement, as it’s no longer needed, and Xpress agreement or quit claim deed.
- The dominant and servant lands are merged into one
- Easement owner abandons the easement
- The easement is no longer needed, a new access road is built that the dominant tenement can use
- The easement is used too much
Encroachments versus easements
Encroachment “ roach” uninvited- hey fixed intrusion onto a persons property- unauthorized
Easement is authorized use of someone else’s property for a specific purpose
License facts
A permission to do something on another’s land, without actually possessing any interest or ownership in the land
The owner of a revoked license, at any time, unless a termination date has been specified by contract agreement
A license isn’t assignable or inheritable, and it’s a temporary privilege
Doctrine of laches
If you don’t use it, you lose it. Property owners who are lacks in protecting their rights can lose their rights. The courts won’t restrict violators and the covenant terminates.
Insurance compliance with zoning of public safety, and preserves real property value
Subdivision regulations
Deed restriction
Limits the use or appearance of a given property, and it can be placed on an individual property, or an entire subdivision. A property owner can’t place a restriction on a deed any time during ownership. The restriction Mehran with the land forever, and will appear on all future deeds, or it may have a time limit.
CC&R’s
Conditions- contingencies in which a property might be one or lost of the condition is violated
Covenants - agreement between two or more parties
Deed and restrictions - limit the use of appearance of a given property
Deed restriction, examples
Exterior material color
No boats are RVs in the driveway
Property size and set backs
Architectural design
Fence, height, and style
Elizabeth properties encumbered by an easement in gross with which of these entities?
I neighbor who constructed his new backyard fence, 6 inches across Elizabeth property line
The owner of the empty lot down the street that Elizabeth uses as a vegetable garden with the owners permission
The utility company that needs to access the powerline that crosses a corner of Elizabeth’s land
The utility company that needs to access the powerline that crosses a corner of Elizabeth’s land is an easement in gross
If John suspects that his neighbors deck encroaches on his backyard, what should John do to determine whether an encroachment exists?
He should consult a survey for the exact property line
Since it’s an authorized intrusion, John should consult a survey to determine the exact property line and see if his neighbors deck is encroaching on his property
Out lots
Leftover parcels of land
Subdivision development tasks
Subdivision = land divided into lots for development
Market study = perform feasible study
State/local agency approval = conduct development and environmental review, feilds subdivision, Matt, and apply for a public report
Marketing = determine a strategy for selling the homes
Outlot development = consider uses for leftover parcels of land
Feasible Study factors in subdivision development process
Community demographics
Anticipated rate of return on investment
Traffic patterns
Cost of financing
Potential environment factors
When should subdivision marketing strategy be developed?
Well, before ground is broken, because these decisions, affect design, cost, financing, sales price
Subdivision development process, recap
Market study- building site, potential environment, factors, Cox, anticipated rate of return, community demographics, Nieves and attitudes towards development, and traffic patterns
Application to state and local agencies for approval - environmental review, filing a subdivision map, applying for public report
Marketing - begin before ground is broken
Outlots - leftover parcels of land surrounding the subdivision development include possible uses, placement and zoning restrictions
Municipal fees
Permits
Impact fees
Hook ups for water and sewer
You are required to provide assurance that the public park you agree to build will be completed
Completion bond
You’re required to purchase a construction permit and file a subdivision map
Municipal fees
You’re required to pay a fee to offset the cost of maintaining local streets and building a few new ones
Impact fees
Completion bond
Is purchased by the developer to provide assurance to the municipality, that all public improvements on which the development was contingent or completed
The social and economic make up of the community
Demographics
The lava and ask consumer protections for purchases a subdivision properties
Subdivided lands law
A map that takes into account, subdivision regulations, such as Street, drainage, and utilities to coordinate with local general plan
Subdivision map
The portion of an acre that is left after deducting the area required for streets and improvements
Commercial acre
The written record of land divided into lots and used in legal description of deeds
Subdivision plat
The collection of written records used illegal subdivision, descriptions, kept at the county clerks office
Plat book
Rules for subdivision developers
Must disclose development and subdivision information about the project
Must create a subdivision map
Must apply for a public report from the real estate commissioner
Subdivision map act
Helps local municipalities and developers, coordinate development by filing and approving subdivision maps that adhere to local regulations and ensure developers take into account the improvement of public areas
Subdivision regulations
Specifications for street wits, curves, and drains
Single or multi family dwelling regulations,
minimum lot size specifications
Specified measurements for house, placement, setback from property lines
Common interest, open meetings, law
Meeting notice an agenda must be provided for days in advance
No agenda items may be added during the meeting unless it is :
Emergency in nature, a clarification, announcement, ongoing activity, race by member, an open forum, a matter referred to a property management, staff, or action, or a report back at a later date
Three basic types of subdivisions
Standard subdivision
Land subdivided into parcels, with no shared ownership between any of the owners of subdivision parcels
Common interest subdivision
Owners of parcels in this type of subdivision, maintain separate ownership of their respective parcels and a shared interest in common areas
Undivided, interest subdivision
The land is not split into parcels and ownership is held in common with all other owners, five or more
Purchasers receive shares and corporation, an exclusive occupancy of a portion of the property, but the corporation owns the property
Stock co-op project
Purchasers receive ownership in the air, space, a specific unit at the property and shared ownership in the land and structure
Condominium project
Owners have undivided interest in the land, and a right of exclusive occupancy other units
Community apartment project
Consist of individually owned parcels, or lots of land, and Owner share interest in common areas
Plan development
This is a form of stock cooperative funded by the California housing finance agency
Limited equity, housing co-op
Bill, just purchased interest in a new apartment building. Instead of owning a unit or airspace he gets the right to occupy his unit and help make decisions about the property as a stockholder what kind of subdivision did bill buy into?
Stock cooperative project
Combine with subdivided land. Laws
What are the affirmative standards that the commissioner look forward to ensure that the developer is meeting these requirements
The subdivision is suitable for its intended use
There are Fairdealing’s regarding the sale or lease process
Required public report disclosures
What must developers disclose their application for public report from the real estate commissioner?
The interest to be acquired by purchasers
All conditions are restrictions to be included with the purchase of property
Unusual easements or expenses at closing procedure for handling all payments
What public report allows developers to enter into nonbinding reservations with potential buyers
Preliminary public report
What public report is applied for during the five-year period of the final public report if there is a marital change to information being disclosed
Amended report
What public report is a pie for if the subdivision is not sold out within the five years that the public report is active
Renewed report
What is the public report that is only issue when awaiting an amended public report
Interim report
What public report allows developers to enter into binding contract, is certain conditions are met well waiting for the public report to be issued?
Conditional report
Subdivided land law exemptions
Land that is subdivided for industrial or commercial purposes only
The development is a standard subdivision being sold with completed residential buildings, and other improvements needed for occupancy
Subdivided land offered by a state agency
Subdivided land law, public report must be
Updated with any material changes with an amended public report application
Renewed after five years, if lots have not sold out
Subdivision land law give certain types of subdivisions exemption from requiring a public report, such as:
Commercial or industrial subdivision
Standard subdivisions that are fully improved an occupant ready
Subdivisions offered for sale by the state
What things are included in a subdivision map
Legal description of the property
Source of water supply
Names and width of purpose of an existing Streets
existing and purposed easements and utility locations
Drainage considerations
Intended use
Initial math with all the required information for subdivision
Tentative map
Map of subdivision that details not only the exact boundaries of the land and parcels, but blocks and streets are all numbered are named, as well
Final map
Map that shows all property boundaries of subdivision. May be waived by local ordinances.
Parcel map
Getting a map subdivision approval
Approval of subdivision, maps is performed by the local planning board and requires a notice, a hearing, and a time limitation be given before approval can be made. First the tentative, Matt is verified as to whether it adheres to local general plan and ordinances, and whether the purpose youth is appropriate. Once approved, the developer has two years to submit the final nap, and, with the extensions, may take up to five years. Again, notice an opportunity, for the hearing must be given to adjoining property owners, if the subdivision results is significant deprivation of the rights
Which of the following must be disclosed in a subdivisions public report, according to the subdivision lands law
The filing date of the first tentative map
The number of parcels to be sold with or without pools
The interest to be acquired by the purchaser
The entrance to be acquired by the purchaser
Ensuring the entrance to be acquired is readily available to purchasers in the public report allows consumers to make informed decisions about their purchase
Which of the following types of subdivisions are exempt from filing a public report?
Commercial subdivision
A plan development submission
A stop cooperative
Campground
A commercial subdivision, according to the seven divided land laws, filing exemptions
What is a project of large parcel of land, divided into hundreds of lights and building single-family homes on those lots and selling the properties to homebuyers?
Condominium
Cooperative
A subdivision
Subdivision
Which type of subdivision is defined as separately on parcels or purchasers also share interest in common areas
Common interest subdivision
Standard subdivision
Undivided, interest subdivision
Common interest subdivision
———-he’s OK to state and local agencies for items such as Permits and utility hook up
Municipal fees
A community apartment project is an example of what type of subdivision
Common interest, subdivision,
subdivided lands project
Common interest subdivision
Which map must be filed within two years of approval of the initial map
Final map
Parcel map
Tentative Map
Final map
Construction loans
Loan involves a high degree of risk for the lender
Long usually needs multiple sources of financing for subdivision
Construction loan involves a higher interest rate than a conventional mortgage
Developer have to put as much is 30% of their own money down for a subdivision construction on
Construction loan financing is typically structured
Owner participation
The developers on money that is used for a down payment on construction loan often up to 30%
Lot release, provision
Requires that a portion of the loan be repaid when each lot sells
Structured financing
Loan disbursements made in stages
Purchase money mortgage
Mortgage given by the buyer to the seller to secure the purchase price
Construction loan
Temporary financing used for construction
The cost of preparing the necessary documents for the lender, plans, specifications for the appraiser, tax returns, and other financial data are known as what?
Cost of approval
Encumbrance that accompanies a subdivision development is a blanket encumbrance. Give an example of blanket encumbrance.
Exist one more than one light, unit, or interest in subdivision, is used to secure payment of a trust, deed note, or other lien of encumbrance
Deposit money can be placed in escrow until the blanket encumbrance is lifted for the developer
True or false
True, as long as the escrow account is acceptable to the real estate commissioner, this is an acceptable method of handling deposit money
Title is placed in trust acceptable to the commissioner until the blanket and conference is lifted for the developer
True or false
True
Avon can be purchased in furnish to the state of California to cover the purchase money. It’s a blanket encumbrance is not released.
True or false
True
A blanket of encumbrance exist when more than one lot, unit, or interest in subdivision, is used to secure payment of a trust, deed note, or other lien of encumbrance
True or false
True
When one or more shares of a subdivision are used as security for a loan
How does the developer handle money for deposits for parcels?
Deposit money can be placed in escrow until the blanket of encumbrances is lifted
The title is placed in a trust acceptable to the commissioner until the blanket up encumbrances is lifted
A bond can be purchased a furnished to the state of California to cover the purchase money if the blanket encumbrance is not released
The developer still needs to either put the money in and approved escrow account or furnish Avon until the title is transferred to the purchaser
California environment, quality act CEQA
Requires an environmental review before approving projects such a subdivision that may impact the environment. Applies to a Projects requiring governmental discretionary review
Alquist priolo, earthquake, fault, zoning act
Applicable to subdivisions for human dwelling within an earthquake fault zone. Prohibits building on fault lines, requires disclosures to purchase of dwellings in earthquake, Paul areas, Seth requirements for permitting projects when retrofitting existing dwellings in these areas
California coastal act
Establishes environmental protection for development, near coastal areas and wetlands, projects, public access to beaches and waterways
Rangeland, gazing land and grassland protection act
Protect California’s range, land, grazing land grass land, through the use of conservation easements and prevention of the conversion of range land to non-agricultural uses
Desist and refrain orders
Issue by California Bureau of real estate against developers, who violate the subdivided lands at. Typically, if a developer wishes to contest a D&R he has 30 days to submit a request for hearing to contest it.
Interstate and out of country offerings
California developers who are offering out-of-state and out of country projects must register these projects with the bureau of real estate BREN adhere to the disclosure requirements to purchasers. This includes the requirement for them to disclose that the property has not been examined by the BRE and urged purchasers to investigate and seek legal assistance before making a purchase decision. Developers may sell subdivision interest to property, located outside of the state, as long as they register it with PRE, and provide the appropriate disclaimers. Developers of out-of-state projects don’t need to provide Seismic maps to ensure the property in a fall zone in its state
Requires an environmental impact report before a subdivision may be approved
CEQA
California environmental quality act
Regulates development, an earthquake faults areas and requires agents to disclose any fault zones to buyers
Earthquake fault, zone act
Requires developers to obtain Permits before developing a long designated coastal zones
California coastal act
Provides grants to developers, who set conservation easements for grass land areas
Grassland protection act
If the estate real commissioner finds the sale of a subdivision parcel to be violating the subdivided lands law. What can the developer do in the situation?
Write a request for hearing within 30 days to contest the order
What do Subdivider selling land outside of California must follow in order to market land here?
The project must be registered with BRE
They can sell outside of the state, if registered with BRE and provide appropriate disclaimers
Developer must include disclaimers that property has not been examined by BRE
It is not required to provide maps of region, four zones when offering out-of-state subdivision interests
