Public and Private Land Use Controls and Encumbrances - Flashcards

Private land use controls

Include as easements, conditions, restrictions, and covenants

Condition

Contingencies under which a property might be won or lost if the condition is violated

Covenant

Agreements between two or more parties that are enforced via the court system

Deed restriction

Limits the use or appearance of a given property, a subdivision, or an entire neighborhood

Subdivision

Land that's been divided into lots for development

Doctrine of laches

Covenants must be enforced consistently or they can be voided

Homeowners associations (HOAs)

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

Encumbrance

any claim or lien held by another person or entity against a property that limits the property owner's use or rights, or decreases the property value

Lien

A debt against a property; considered a monetary encumbrance

Easement

Authorized use of another's property for a specific purpose

Encroachment

An unauthorized affixed intrusion onto another person's property

Specific lien

Attaches to a single property

General lien

Affects all of a debtor's property, both real and personal

Subordination agreement

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

Public land use control

An implementation of government authority primarily enacted through police power

Eminent domain

The government's power to take private land for public use

Condemnation

When the government actually takes someone's property

Taking

When a government authority regulates private property to the detriment of the landowner

Escheat

Government power to take property when the owner dies without having a will and no heirs or creditors can be found

Incentive zoning

A municipality will allow an otherwise prohibited type of construction if the developer will give the municipality something in return

Bulk zoning regulations

Restrict the density of buildings in an area through building design requirements

Aesthetic zoning

Creates cohesive neighborhoods and districts and preserves the "feel" of a neighborhood

Downzoning

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

Inverse condemnation

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

Building codes

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

Group home

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

Comprehensive master plan

Documents the community's makeup, such as demographics, businesses, industries, etc.

Zoning ordinances

Zoning map that divides the area into designated districts, and the text describing zoning classifications and permitted uses

Variance

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

Special use permit (conditional use permit)

Use that's not normally allowed in the zone, but which is expressly listed in the ordinance as permitted under certain conditions

Subdivision regulations

Rules for a subdivision that ensure compliance with zoning and public safety and preserve real property value

CC&R'S (Covenants, Conditions and Restrictions)

Rules for property use, appearance, and upkeep, often found in communities like condominiums and co-ops, which are drafted and enforced through homeowners' associations (HOAs) to ensure everyone follows them for the benefit of the community

Police power

The authority of all levels of government to act on behalf of the health, safety, and welfare of its citizens

Interstate Land Sales Full Disclosure Act

A federal law regulating interstate land sales

Consumer Financial Protection Bureau (CFPB)

A federal regulatory agency that oversees all financial products and services offered to consumers

Certificate of occupancy (c/o)

A document issued after satisfactory final inspection allowing a building to inhabited

Building department

A building department enforces local building code, and ensures that licensed and insured contractors perform the work. The building department provides building permits for construction and renovation, among other functions

Involuntary alienation

The transfer of real property ownership without the owner's consent (e.g., foreclosure)

Planning board

Prepares and amends the master plan for the community and implements that plan through site plan and subdivision ordinances and recommendations to other agencies. It also investigates, maps, reports, and makes recommendations relating to the planning and development of the municipality and recommends amendments to the zoning ordinance or map

As-of-right zoning

Zoning regulations that permit property owners to develop their land in accordance with predetermined guidelines without needing special permissions or approvals from local authorities

Accessory use

An incidental or subordinate use to the primary use of the property

Buffer zone

A strip of land used to separate land dedicated to one use from land of another use (for instance, residential from commercial) and is often a green space or other dedicated land, such as a park

Floor area ratio (FAR)

Total net floor area divided by the total lot area

The Sunshine Law

Legislation or regulations that require certain government meetings, proceedings, and records to be open to the public

Zoning board of appeals

Makes zoning ordinances more flexible by keeping zoning legislation out of the courts; one of a board's main duties is to maintain the essential character of neighborhoods by interpreting zoning ordinances; board members are appointed by the mayor or city manager, village board of trustees, or town board

Density zoning

Zoning which takes into account the maximum number of dwellings per acre that may be built within an area

Planned unit development (PUD)

A mix of land uses such as residential and commercial in one contained development

Topography

The physical features and contours of the land

Census tract

Small geographic area identified by number and containing demographic information about the citizens

Impact fees

Fees a local government charges a developer to reimburse for costs of providing public services to the new development

Site plan

A detailed plan that shows the layout of a construction site, including the locations of structures, utilities, access points, and any relevant environmental features