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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
Q

What is a plat book?

A

Collection of plats kept at the county clerk’s office

26
Q

What is a non-conforming use?

A

When existing uses that don’t comply with zoning are grandfathered in

27
Q

What are variances?

A

Permitted deviations in the requirement of the zoning ordinance

28
Q

What are the requirements for variances?

A

Must be approved by zoning board

29
Q

What is an area variance?

A

Allows development in a way that’s not normally allowed by physical/dimensional requirements of current zoning

30
Q

What are use variance?

A

Allows property use for a purpose that would be prohibited by zoning in place

31
Q

What are special use permits?

A

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
Q

What are environmental impact statement?

A

Required for new developments, EIS

33
Q

What is a homeowner association?

A

Subject property owners to certain rights, responsibilities, and obligations including HOA assessments; restrictions may vary

34
Q

What is an encumbrance?

A

Any claim/lien held by another person or entity against a property that limits property owner’s use/right/decreases value

35
Q

What are public land use controls?

A

Implementation of government authority primarily enacted through police power

36
Q

What is a specific lien?

A

Attaches to single property

37
Q

What is a voluntary lien?

A

People agree to have security placed on themselves or property

38
Q

What is an easement?

A

Authorized use of another’s property for a specific purpose

39
Q

What is an encroachment?

A

Unauthorized affixed intrusion onto another person’s property

40
Q

What is a general lien?

A

Affects all of a debtor’s property, real and personal

41
Q

What are writ of attachment?

A

An encumbrance on property of a defendant in a pending lawsuit for monetary damages under special circumstances (hiding defendant)

42
Q

What are lis pendens?

A

Constructive notice that someone other than owner is claiming a potential ownership interest in real property

43
Q

What is a subordination agreement?

A

When a lien holder agrees to modify the order of lien priority

44
Q

What is an easement appurtenant?

A

Attached to a specific parcel of land, transfers and grants the right to use adjoining property

45
Q

What is variance?

A

Permitted deviation from zoning ordinance requirements due to proven hardship to owner

46
Q

What is easement in gross?

A

Granted to specific individual or business entity rather than attached to property

47
Q

What is bulk zoning regulations?

A

Restrict density of buildings in an area through building design requirements

48
Q

What is downzoning?

A

Assigning a lower density use zone to an area that previously allowed a higher density use

49
Q

What is an involuntary lien?

A

Legally placed on property by creditors without owners’ consent

50
Q

What is a comprehensive master plan?

A

Documents the community makeup (demographic, business, industries)

51
Q

What is incentive zoning?

A

A municipality that allows prohibited type of construction if developer gives municipality something in return

52
Q

What are the building codes?

A

Address the method of construction, materials used, safety and sanitary standards of a building to ensure a safe, properly functioning environment

53
Q

What is aesthetic zoning?

A

Creates cohesive neighborhoods + districts, and preserves the “feel” of a neighborhood

54
Q

What is inverse condemnation?

A

When property value is diminished due to adjacent land taken over for public use

55
Q

What is easement by prescription?

A

Created through continued uninterrupted, obvious, and adverse use of another’s property for many years

56
Q

What is the right of way (ROW)?

A

Provides a pass through

57
Q

What is a superfund amendment and reauthorization act (SARA)?

A

Amended CERCLA; removed property owner cleanup responsibilities if contamination occurred prior to ownership and due diligence was performed

58
Q

What is comprehensive environmental response, compensation, and liability act (CERCLA)?

A

Identifies sites that have hazardous substances and requires cleanup by responsible party

59
Q

What is a zoning ordinance?

A

Zoning map that divides area into designated districts, and text describing zoning classification and permitted use

60
Q

What is a group home?

A

A facility where 5 or more adults who once were institutionalized live

61
Q

What is a nonconforming use?

A

Owner can continue to use property as originally zoned, even if outside current zoning regulation

62
Q
A

Real Estate (7 decks)

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