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Real Estate > Unit 4: Public, Private Land Use Controls > Flashcards

Unit 4: Public, Private Land Use Controls Flashcards

1
Q

What is a condition?

A

Contingencies placed on a property. IF violated, ownership reverts to prior owner

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2
Q

What are the private land use controls?

A

Conditions, covenants, elements, and restriction

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3
Q

What is covenants?

A

An agreement between two or more parties which are enforced via court system

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4
Q

What are deed restrictions?

A

Limit the use/appearance of a property, and can be placed on any deed at ANY time, may run with land forever/have time limit

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5
Q

What is a doctrine of laches?

A

Covenants must be enforced consistently or may be voided

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6
Q

What are the 2 types of estates?

A

Dominant and servant

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7
Q

What is a dominant estate?

A

Benefits from the easement, the party burdening/inconveniencing the other property

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8
Q

What is a servant estate?

A

Provides the easement, the giver of the right

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9
Q

What is a license?

A

Permission to do something on another’s land without possessing any interest/ownership in land

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10
Q

What is police power?

A

Government’s authority to do what it can to ensure health, safety, and welfare of citizens

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11
Q

What is eminent domain?

A

Government’s power to take private land for public use

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12
Q

What is condemnation?

A

When government takes a property

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13
Q

What is an involuntary alienation?

A

Transfer of land via eminent domain/condemnation

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14
Q

What is taking?

A

When a government authority regulates private property to detriment of landowner

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15
Q

What is escheat?

A

When no heirs or creditors exist upon owner’s death, property goes to state

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16
Q

What is taxation?

A

Government power to finance public works through annual property taxes, transfer taxes, and special assessments

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17
Q

What is zoning ordinances?

A

Includes zoning map that divides area into designated districts and zoning classification

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18
Q

What are the zoning districts?

A

Residential, commercial, industrial, vacant land, agricultural, public open space, and recreation area

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19
Q

What are the zoning classification?

A

Incentive, bulk, aesthetic and downzoning

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20
Q

What are the building codes used to regulate?

A

Condition, occupancy, maintenance, rehabilitation, and renewal

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21
Q

Who are the planning boards?

A

Ensures the community growth is controlled, orderly, and creates comprehensive master plans

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22
Q

What is a subdivision?

A

Land that has been divided into lots for development

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23
Q

Who are developers?

A

Improve land, construct homes on the lot, and sell them

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24
Q

What is a plat?

A

Written record of the land division

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25
What is a plat book?
Collection of plats kept at the county clerk's office
26
What is a non-conforming use?
When existing uses that don't comply with zoning are grandfathered in
27
What are variances?
Permitted deviations in the requirement of the zoning ordinance
28
What are the requirements for variances?
Must be approved by zoning board
29
What is an area variance?
Allows development in a way that's not normally allowed by physical/dimensional requirements of current zoning
30
What are use variance?
Allows property use for a purpose that would be prohibited by zoning in place
31
What are special use permits?
Granted for uses that don't comply with zoning ordinance. Ordinance lists as allowable under certain conditions (Conditional use permits requires a public hearing)
32
What are environmental impact statement?
Required for new developments, EIS
33
What is a homeowner association?
Subject property owners to certain rights, responsibilities, and obligations including HOA assessments; restrictions may vary
34
What is an encumbrance?
Any claim/lien held by another person or entity against a property that limits property owner's use/right/decreases value
35
What are public land use controls?
Implementation of government authority primarily enacted through police power
36
What is a specific lien?
Attaches to single property
37
What is a voluntary lien?
People agree to have security placed on themselves or property
38
What is an easement?
Authorized use of another's property for a specific purpose
39
What is an encroachment?
Unauthorized affixed intrusion onto another person's property
40
What is a general lien?
Affects all of a debtor's property, real and personal
41
What are writ of attachment?
An encumbrance on property of a defendant in a pending lawsuit for monetary damages under special circumstances (hiding defendant)
42
What are lis pendens?
Constructive notice that someone other than owner is claiming a potential ownership interest in real property
43
What is a subordination agreement?
When a lien holder agrees to modify the order of lien priority
44
What is an easement appurtenant?
Attached to a specific parcel of land, transfers and grants the right to use adjoining property
45
What is variance?
Permitted deviation from zoning ordinance requirements due to proven hardship to owner
46
What is easement in gross?
Granted to specific individual or business entity rather than attached to property
47
What is bulk zoning regulations?
Restrict density of buildings in an area through building design requirements
48
What is downzoning?
Assigning a lower density use zone to an area that previously allowed a higher density use
49
What is an involuntary lien?
Legally placed on property by creditors without owners' consent
50
What is a comprehensive master plan?
Documents the community makeup (demographic, business, industries)
51
What is incentive zoning?
A municipality that allows prohibited type of construction if developer gives municipality something in return
52
What are the building codes?
Address the method of construction, materials used, safety and sanitary standards of a building to ensure a safe, properly functioning environment
53
What is aesthetic zoning?
Creates cohesive neighborhoods + districts, and preserves the "feel" of a neighborhood
54
What is inverse condemnation?
When property value is diminished due to adjacent land taken over for public use
55
What is easement by prescription?
Created through continued uninterrupted, obvious, and adverse use of another's property for many years
56
What is the right of way (ROW)?
Provides a pass through
57
What is a superfund amendment and reauthorization act (SARA)?
Amended CERCLA; removed property owner cleanup responsibilities if contamination occurred prior to ownership and due diligence was performed
58
What is comprehensive environmental response, compensation, and liability act (CERCLA)?
Identifies sites that have hazardous substances and requires cleanup by responsible party
59
What is a zoning ordinance?
Zoning map that divides area into designated districts, and text describing zoning classification and permitted use
60
What is a group home?
A facility where 5 or more adults who once were institutionalized live
61
What is a nonconforming use?
Owner can continue to use property as originally zoned, even if outside current zoning regulation
62

Real Estate (7 decks)

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