Topic 6: Encumbrances

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1

involuntary emcumbrances

  • PETE
    • Police Powers
    • Eminent Domain
    • Taxes
    • Escheat
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zoning regulations

are Police powers

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zoning regulations

  • directive zoning
  • used to promote the highest and best use of land.
  • Variance: a permit which exempts the owner from a particular zoning ordinance.
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zoning regulations

  • protective zoning
  • regulates the size and placement of buildings on their lots, known as setbacks.
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zoning regulations

  • non conforming use
  • A building built before a zoning ordinance was
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zoning regulations

  • variance
  • a permit which exempts the owner from a particular zoning ordinance.
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  • Conditional use permit:
  • allows non-conforming use of a property if this use benefits the general public
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downsizing

A change in zoning from a high density use to a lower density use

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buffer zones

separate one land use from another.

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spot zoning

certain portions of a district are set aside for other uses

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building codes

specify the standards for construction

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  • Subdivision regulations:
  • A subdivision plan, or plat of survey, showing the proposed location of lots, sewers, roads, utilities, schools, and other public facilities
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environment protection laws

protection of the environment

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health and safety codes

  • codes imposed for the protection of the health and safety of the public.
15

rent controls

  • are government-imposed restrictions on the amount of rent an owner can charge
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what happens when there is a conflict between zoning ordinances and restrictive covenants

  • If there is a conflict between zoning ordinances and restrictive covenants, the most restrictive one takes precedence.
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Zoning Exception:

same as conditional permit

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enabling acts

gives municipalities the authority to enact and enforce police powers

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master plan

A municipality's plan for the future development of the area.

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zoning review board

hears appeals for a variance exempting an owner from a particular zoning ordinance.

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Plat of Survey:

plan for a subdivision

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escheat

  • The power of the government to take property when a person dies with no will and no heirs
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Taxtation

  • The power of the government to collect property taxes and levy special assessments.
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  • Ad valorem tax:
  • (Property taxes) based on a percentage of market value called assessed value
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  • Special assessments:
  • a tax placed on a neighborhood to pay for improvements to that neighborhood such as street lights or drains.
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  • Mortgage:

used to finance real property

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  • Mechanic’s liens:
  • used to force payment to workers
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  • Vendor’s liens:

used for owner financing

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  • Judgments:
  • a court order used to collect a debt
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Vendee’s liens:

used by buyer to collect deposit, or to enforce foreclosuer

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priority of liens

  1. federal taxes
  2. state taxes
  3. property taxes and special assessments
  4. mechanics lien
  5. other liens by date recorded
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deed restrictions

1. restrictive conditions

2. restrictive covenants

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deed restrictions

  1. restrictive conditions

used to set up determinable, or qualified fee estates and place certain conditions on ownership of a property

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deed restrictions

  1. restrictive covenants

a promise by contract or deed between a private person and a subdivider. These are commonly called subdivision restrictions. If zoning exists, restrictive covenants are the main method of controlling land uses.

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deed restrictions are known as

CCR'S

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Easement

  • Easement appurtenant:
  • Easement in Gros
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Easement appurtenant:

  1. The rights are vested in the land itself, and not in a person

2.Involves at least two properties in which one owner needs access over the land of the other

Dominant tenement: the land requiring access

Servient tenement: the land granting access

  1. The rights are vested in the land itself, and not in a person

2.Involves at least two properties in which one owner needs access over the land of the other

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Easement in gross:

1.Involves only one tract of land

2.Grants access to one party such as a utility

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How easements are created

  • Mutual agreement
  • Prescription
  • Necessity
  • Implication
  • Condemnation
  • Reservation
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  • Mutual agreement

Reservation: seller reserves easement upon sale

agreement by both parties

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prescription

by allowing the use for a specified period of time

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necessity

by landlocked owner

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implication

  • by implied but unexpressed agreement
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  • Condemnation
  • government exercises eminent domain
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Reservation

seller reserves easement upon sale

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how easements are terminated

  • Lack of purpose
  • Prescription
  • Merger (the two properties become one)
  • Voluntary relinquishment
  • Expiration of time period
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  • License
  • grants the short term use of real property
  • grants a privilege or permission whereas an easement grants a right
  • revocable at any time by the owner unless otherwise noted
  • cannot be transferred nor inherited.
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encroachment

  • unauthorized use or occupation of another's property
  • occur most often when real property trespasses upon real property
  • includes trees, fences, driveways and garages which intrude on neighboring property