Limitations On The Use Of Real Estate

Front 1

Government land use controls are imposed under the _______ ________ of the state for the protection of the public.

Back 1

Police Power

Front 2

an "ad valorem" tax based on the assessed value of the property

Back 2

Real Estate Taxes

Front 3

the right of govt (and govt franchises such as rr and public utilities) to take privately owned real estate for public use or benefit for just compensation

Back 3

Eminent Domain

Front 4

When the owner dies intestate(or cannot be found) and there are no known heirs, the property ________ to the state.

Back 4

Escheat

Front 5

A comprehensive, long-range govt plan to regulate the use and development of land in an orderly fashion

Back 5

Municipal Plan (Master Plan)

Front 6

The obj of a _____ ______ is a well balanced community growth

Back 6

Municipal Plan (master Plan)

Front 7

the ______ _______ considers the needs of the population for economic develompent, public facilities, traffic, conservation, environment, etc.

Back 7

Municipal Plan (master Plan)

Front 8

Govt regulation of uses of property within designated areas.

Back 8

zoning

Front 9

______ regulates and affects such tings as use ofhte land, lot sizes, types of structures permitted, bldg heights, setbacks, and density.

Back 9

zoning

Front 10

the ratio of land area to improvemnt area

Back 10

density

Front 11

Where there is conflict btw zoning and private restrictions, the most _______ must be followed.

Back 11

restrictive

Front 12

Name the 4 zoning classifications

Back 12

1 residental (r)
2 commercial (c)
3 industrial or Manufacturing (I or M)
4 Agricultural (A)

Front 13

controls density based on zoning through restrictions on setbacks, bldg hgt, open spaces, etc.

Back 13

bulk zoning

Front 14

Bldgs must have the same architectural style

Back 14

aesthetic zoning

Front 15

street flr of office bldgs must have retail shops

Back 15

incentive zoning

Front 16

encourages highest and best use

Back 16

directive zoning

Front 17

going from an active use to a less active use

Back 17

down zoning

Front 18

a tract of land zoned different from surrounding land

Back 18

spot zoning

Front 19

a use that was lawfully established at the time of its original construction but no longer conforms to the current zoning law.

Back 19

Non conforming use

Front 20

The non conforming zoning might pertain to ____ (4 things).

Back 20

structure
lot size
use of the land
use of the structure

Front 21

permission from govt zoning authorities that allows the landowner to deviate from the current zoning ordinance.

Back 21

variance

Front 22

T or F a variance does not change the zoning ordiance.

Back 22

true

Front 23

T or F new construction must comply with the zoning ordinance or if it doesn't obtain a variance

Back 23

true

Front 24

a use that requires a special permit

Back 24

conditional use

Front 25

govt regulation of subdividers. Controls the streets, sidewalkds, lots, curbs, utlities, street lights, sotrm sewers, etc.

Back 25

subdivision regulations

Front 26

_______ subdivide land into lots

Back 26

subdividers

Front 27

sets minimum standards for materials and construction that developers must comply with.

Back 27

Bldg Codes

Front 28

T or F Developers build improvements on the land

Back 28

true

Front 29

T or F easement are binding on new owners of the servient estate

Back 29

true

Front 30

T or F leases are binding on new owners

Back 30

true

Front 31

T or F deeds of trust are binding on new owners

Back 31

true

Front 32

reasonable ____ ______ imposed by grantor and agreed to by the buyer, are binding on the buyer and all subsequent owners.

Back 32

deed restrictions

Front 33

restrictions filed by the subdivider are binding on all residents of the subdivision and may be enforced by any resident of the subdivisino through the courts

Back 33

subdivision restriction

Front 34

When zoning ordinances, deed restrictions, or subdivision restrictions conflict, the more __________ prevails

Back 34

restrictive

Front 35

the legal doctrine which states that a delay in asserting one's legal rights could cause forfeiture of these rights

Back 35

laches

Front 36

a charge or claim that a creditior has on the property of a debtor.

Back 36

lien

Front 37

another name for a creditor

Back 37

lienor

Front 38

another name for a lienee

Back 38

debtor

Front 39

a ______ arises from a debt adn can be created by agreement of the parties or by operation of law.

Back 39

lien

Front 40

liens agaainst a specific property. A specific lien is created when the debt is created

Back 40

specific lien

Front 41

in a specific lien is the debt secured?

Back 41

yes

Front 42

a lien on real property established by law at the beginning of each tax year.

Back 42

property tax lien

Front 43

a govt lien on property established when municpal improvements are made to private property. (Sewers, sidewalks)

Back 43

special assessment lien

Front 44

a lien on real property established by a person providing labor or materials on property

Back 44

mechanic lien

Front 45

a lien on real property established when the owner pledges the property as collateral on a loan

Back 45

mortgage lien

Front 46

a lien against all the debtor's real and personal property.

Back 46

General lien (generality)

Front 47

a ______ lien is created by law or court action when the debt is not repaid as required in the loan agreemnt.

Back 47

general lien (generality)

Front 48

is a general lien a secured or unsecured debt?

Back 48

unsecured debt

Front 49

created when income taxes are not paid when due

Back 49

federal & state tax lien

Front 50

a lien created by court action brought by a creditor when a debt is not paid

Back 50

judgement lien

Front 51

_____ ______'s encumber only the debtor's property located in the county where the lien is obtained.

Back 51

judgement lien

Front 52

Can a judgement lien be extended to cover property in outher counties?

Back 52

yes

Front 53

What needs to happen in order for a judgement lien to be extended to other counties?

Back 53

filing the lien in each county

Front 54

a recorded legal document that gives constructive notice that a court action has been filed against a particular property and is pending.

Back 54

lis pendens

Front 55

a Lis Pendens results in the property being rendered ________ during the litigation and cannot be freely ____ or _______.

Back 55

unmarketable, sold, encumbered

Front 56

the legal process of seizing the real or personal property of a defendant, and holding it in court custody as sectuirty for statisfaction of a judgement.

Back 56

writ of attachment (attachment)

Front 57

a court order authorizing the sheriff to sell real or personal property on the courthouse steps to statisfy a judgement. The sheriff may only sell property sufficient to statisfy the lien.

Back 57

writ of execution

Front 58

Priority of Liens: 1,2 & 3

Back 58

1. Govt liens are first.
2. Mechanic's lien priority is set by the date the work or materials were provided to the property.
3. Morgage lien and judgment lien priority is set by the recording date.

Front 59

T or F Liens expire if not enforced

Back 59

true

Front 60

T or F liens must be paid in full or transfer before closing can occur

Back 60

true

Front 61

legal descriptions are required on certain legal documents such as _____(7things)____

Back 61

deeds
contracts
easements
deeds of trust
mortgages
abstracts
title insurance

Front 62

A legal description is one that is.....

Back 62

....legally sufficient to locate and identify a particular parcel or land.

Front 63

recites directions and distrances from point to point around the outer boundaires and must close at the point of beginning.

Back 63

metes and bounds description

Front 64

shows lot number, block, subdivision name, plat book and page number, county, and state

Back 64

platted subdivision description

Front 65

Example of what description?: Lot 175 of Block M of San Louis Subdivision, according to the plat thereof recorded in Plat book 48, page 74 of the clay county Missouri records

Back 65

Platted subdivision description

Front 66

example of what type of description?: Commencing at the NW corner of highway K and Highway N in Lacy County, Missouri; thence North along the West line of Highway K 275' to an iron pipe; thence West 200' to a 6" oak tree;....

Back 66

Metes and bounds description

Front 67

a govt survey that uses bench marks located by its longitude and latitude

Back 67

geodetic survey

Front 68

a govt survey that uses principal meridians and base lines. Shows fractions of a section, section number, township, range and principal meridian

Back 68

rectangular survey description

Front 69

Section of Land 1mile x 1 mile is how many acres?

Back 69

640 acres

Front 70

a section of land 36 sections of land 6 miles x 6 miles

Back 70

a township

Front 71

how many acres is 36 sections of land 6 miles x 6 miles

Back 71

23,040 acres