A2 - P 1, Land Use Controls

Front 1

Police power

Back 1

The right that a state has to adopt and enforce laws.

Front 2

Restrictive powers

Back 2

Land-use control can be controlled by government or by private land control.

Front 3

Zoning laws

Back 3

Laws of local governments, such as cities and counties, to regulate and control the use of land and structures within designated areas.

Front 4

Ordinances

Back 4

Monitor and restrict the use of land and structures within select land-use districts.

Front 5

Variances

Back 5

An owner of property in an area can go before the zoning board and request a variation (an exception) that would allow him or her to do something in the area that is not allowed by the current zoning.

Front 6

Non-conforming use

Back 6

A permitted use of real property, which was lawful at the time of construction; however, it no longer conforms to current zoning.

Front 7

Spot zoning

Back 7

This is zoning of one spot for a use that is not consistent with the surrounding area.

Front 8

Building codes

Back 8

Rules set by local, state, or municipal governments that regulate building and construction standards.

Front 9

Subdivision regulations

Back 9

The government has the right to require those that wish to establish a subdivision to go by certain laws.

Front 10

Environmental protection agency (EPA)

Back 10

This federal agency was established to protect the environment. The EPA also has the right to enforce their laws and regulations.

Front 11

Health and sanitation laws

Back 11

Laws to ensure the safety of buildings and businesses after construction.

Front 12

Buffer zone

Back 12

A strip of land separating land devoted to one use from land committed to another use.

Front 13

Eminent domain

Back 13

The right the government has to acquire privately owned real estate for public use.

Front 14

Purpose of taking

Back 14

The projected use for the property must be for public use.

Front 15

Condemnation

Back 15

The process by which the government implements their right to take privately owned real estate by judicial means. Just compensation must be paid to the owner by paying fair market value for the property.

Front 16

Delegation of power

Back 16

This state can give their police power of eminent domain to a qualifying agency. Ei: The Department of Transportation could take the land to build roads.

Front 17

Taxation of real estate – direct

Back 17

A text that is levied by the government directly on an individual or their property is considered a direct tax.
State- can levy taxes on real state to raise funds to meet public operational activities.
County-property taxes

Front 18

Taxation of real estate – indirect

Back 18

Indirect taxes are imposed duties and sizes that are laid upon an event happening or privilege. Sales tax is one example. Also tollroads.

Front 19

Assessment overview

Back 19

Each property is appraised and appraised value is adjusted by a state-mandated assessment ratio, to establish the properties assessed value.

Front 20

Ad valorem taxes

Back 20

Most, but not all, real estate taxes are ad valorem taxes meaning the property is taxed according to value.

Front 21

Millage rate

Back 21

One way that a tax rate may be computed. One mill is 1/10 of one penny or 1/1000 of a dollar ( .001).

Front 22

General and special assessments

Back 22

Charged by taxing authorities for specific services of improvements such as paving streets, putting inside block, etc. An example would be school taxes and these taxes are normally text deductible.

Front 23

Escheat

Back 23

When someone dies without a will and no errors can be found, the property will go to the government.

Front 24

Deed restrictions

Back 24

Private restrictions that are imposed to maintain the desirable quality and character of a property. For example, the owner can place a restriction on the deed that his 50 acre plot of land can never be subdivided.

Front 25

Covenants

Back 25

Conditions, contingencies and restrictions. CC&R's are private arrangements that involve the use of land. For example we can start a new subdivision and control the type of home that can be built, the cost, square feet, height, etc.

Front 26

Encumbrances

Back 26

Anything that affects the title to real estate.

Front 27

Lien

Back 27

A charge that is placed on a property that offers security for a debt or an obligation due to the property owner. The lienholder is entitled to have the debt satisfied and can recover the debt through a court proceeding if necessary.

Front 28

Specific Lein

Back 28

We that affect one specific parcel.

Front 29

Mortgage lien

Back 29

A mortgage is a lien on the property and it is also an encumbrance.

Front 30

Tax lien

Back 30

This is also an encumbrance on the property. A real estate tax lien normally takes priority over all the liens.

Front 31

Mechanics lien

Back 31

Anyone who supplies labor or material on a project can get this lien if they are not paid, by swearing to the truthfulness of his claim.

Front 32

Special assessment lien

Back 32

This is a specific real estate tax lien for special improvements that affect specific properties.

Front 33

General lien

Back 33

An encumbrance that will affect all property both real and personal.

Front 34

Priority of liens

Back 34

Liens normally take priority based on time of recording in the public records. There is one exception- real estate tax liens jump above all other liens.

Front 35

Lis pendens

Back 35

Notice of a possible future lien -litigation pending-cases has not yet gone to court.

Front 36

Non-possessory interests

License

Back 36

A personal revocable privilege to enter the land of another for a specific purpose. It is said to be a nonpossessory interest with no rights. If, for example, you give someone permission to hunt on your land for two days, and you do not like the way the act on the first day, you can tell them not to come back the next day.

Front 37

Non-possessory interests- Profit

Back 37

"Profit a prendre", The right to enter the property of another by prior agreement to make a profit. For example if you sell your timber or mineral rights, the party that purchased those rights would have the right to come on the property for the timber or minerals.

Front 38

Easement In Gross

Back 38

A specific interest in the right to use a tract of land owned by someone else. Easements obtained by utilities such as electric, gas, telephone, and water companies would be easements in gross.

Front 39

Servient tenement

Back 39

The tract of land over which the easement runs. The easement goes with the land in the sale of the property.

Front 40

Dominant tenement

Back 40

The tract of land the benefits from the easement. The easement goes with the land in the sale of the property.

Front 41

Appurtenant easement

Back 41

An easement that is annexed to the ownership of one tract of land and allows this owner to make use of a neighbor's land. For this type of easement to exist there must be two adjoining tracts of land owned by two separate parties.

Front 42

Creation by mutual agreement

Back 42

An easement is typically formed by written agreement between the involved individuals that the easement right creates. An easement can also be created by longtime usage, or by the grantor in a deed of conveyance.

Front 43

Easement by necessity

Back 43

By law a person has the right of ingress (to go in) and the right of egress (to exit). In other words they cannot be landlocked.

Front 44

Easement by implication

Back 44

This easement would exist when an owner sells part of his or her land to someone else and retains title to the remainder but did not express an easement, with the only means of access to the sold portion being across the retained portion.

Front 45

Easement by prescription

Back 45

Can be obtained when someone has made use of another's land for a definite period of time defined by state law. In South Carolina the prescriptive period is 10 years. To obtain this type of easement certain conditions must've taken place:
-The use of the land by the claimant must have been continuous and exclusive.
-The land must have been used without the owner's consent.
-The use of the land must have been noticeable, and well-known so the owner would be aware of the use.

Front 46

Easement by condemnation

Back 46

If the government needed to create an easement for the benefit of the public, they could do it through condemnation proceedings.

Front 47

Easement by dedication

Back 47

If an individual so desired he or she could dedicate an easement to the government for public use.

Front 48

Termination of easements

Back 48

Ways that an easement can be terminated:

-By mutual agreement of the parties involved
-By merger of the two properties involved
-By expiration of the time period if one were given
-By abandonment of the easement
-By nonuse for the prescriptive period
-By excessive use
-If the purpose for which the easement was created no longer exists.

Front 49

Encroachment

Back 49

Occurs when you build a structure that illegally extends beyond your land. If you build part of your house on someone else's property, even if only the eaves of the house were over the property line, it would be an encroachment.