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27 Cards in this Set
- Front
- Back
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Public restrictions |
local building codes housing codes health codes zoning subdivision regulations |
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Private Restrictions |
covenants conditions other written agreements (in a will, agreement between landowners, in a lease, etc) |
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Deed restriction |
private restriction place in a deed upon sale of the property - may remain forever |
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Unenforceable Restrictions |
Any restriction that are against public policy or illegal Examples included restrictions based on race, national origin, religion, handicaps, etc |
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Covenant |
a promise to not violate a restriction - to perform a certain act, do something in the future, or to NOT do something |
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Injunction |
a court order to prevent a violation or to remedy a violation |
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Condition |
A qualification of the estate granted. A private restriction that provides that a violation will cause the title to revert to the grantor or successors in interest. conditions are harsher than covenants |
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Public Restrictions |
Come from the state's Police Power to protect health, safety, morals, and general welfare of the public. |
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Comprehensive PLans |
local & city governments use comprehensive plans to provide for orderly development or redevelopment of the community |
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Zoning |
a method to implement a comprehensive plan
This is a restriction on use of private land. This is NOT a restriction on private land and does an encumbrance, but a violation can create an unmarketable title.
To be valid & enforceable, zoning must: 1) serve a public purpose 2) be exercised ina reasonable manner 3) cannot be retroactive |
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Protective Zoning |
Zoning used to protect existing land users from encroachment by undesirable use. |
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Directive Zoning |
Zoning used to ensure land uses in the future will be based on highest and best use of the land. |
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Buffer Zones |
used to separate two incompatible zones |
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Setbacks |
distances between lot lines and improvements |
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Nonconforming Uses |
buildings and land uses that were legal before an ordinance takes effect, but do not conform to new zoning requirements These are NOT illegal, just nonconforming |
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Spot Zoning |
a small parcel of land whose use differs from surrounding parcels - can be created if it serves a useful purpose and does not create a nuisance. |
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Variance |
special permission to allow land use that would normally be in violation of current zoning, but would not change the basic character of the area |
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Conditional Use Permits |
allow a land use that does not conform to zoning, yet which benefit the community |
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Downzone |
rezoning to a lower density use |
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Upzone |
rezoning to higher density use |
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Environmental Protection |
Federal, State, & Local laws imposing additional restrictions on land use |
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National Environmental Policy Act |
requires federal agencies to prepare an environmental impact statement disclosing effects of development whenever it would have a major impact on the environment |
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Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or 'Superfund Act' |
makes past & present owners (and lenders) liable for cleanup of hazardous substances - unless they qualify as innocent purchasers |
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Resource Conservation and Recovery Act |
enacted to deal with hazardous waste management |
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Environmental Impact Reports (EIR) |
for actions of state & local agencies and land use activities which may have significant environmental impact |
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Subdivision Regulations |
Requirements which may include: - utilities placement - width & location of streets - lot sizes - securing safety - providing adequate light & air - preventing overcrowding - dedicating to the public all common improvements |
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Interstate Land Sales Full Disclosure Act |
US HUD regulates sale of lease of undeveloped land through use of interstate commerce or mail |
