Zoning, Encumbrances & Liens

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Front footage

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The dimension of a parcel along the street. By convention the 1st measurement given is the front footage unless otherwise specified

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Zone

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An area set off by municipal authorities for specific use. (Residencial, agricultural, industrial, special purpose)

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Buffer Zone

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An area separating two incompatibility zoned areas from each other. can be apartments, high rise offices, condos.

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Setback

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The minimum distance from the street and/or lot lines beyond which a structure can be built.

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Varience

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A use granted in violation of the zoning ordinance.

1. Most likely granted if owner shows the zoning poses an undue harship.

2. A a varience might be granted to allow a homeowner to build a garage closer to 5he property line than the setback allows.

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Nonconforming Use (grandfathered use)

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Use which pre-dawn the zoning ordinance and therefore may continue

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Encumbrance

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Any claim, right or interest held by one who is not the legal owner of the land, such as deed restrictions, easements, and liens.

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Deed Restrictions(restrictive covenant)

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Restrictions on land use imposed by the developer for the benefit of all owners. Deed restrictions are found in the deed or are recorded separately.

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Easement

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The right to use another's property for a specific purpose.

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Easement appurtenant

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A right across one property for benefit of the adjacent property.

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Dominant parcel

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The dominant parcel benefits from the easement

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Servient parcel

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The servient parcel has an easement across it.

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Easement in gross

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A right across one property for the benefit of am outside 3rd party. It benefits a company or a person instead of a parcel. An example is a utility company easement.

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Easement personal

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One party has permission (license) to cross or use another's property. This permission is not permanent and may be revoked. example: private hunting license. parking permit.

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Easement by necessity

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Created when land held by a single owner is broken down into two or more parcels and one of the parcels is landlocked. The easement by necessity allows the landlocked parcel access to a public road.

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Prescriptive easement

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An easement created by adverse possession.

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Adverse Possession

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is a statutory method of taking title to or acquiring an interest in the property of another. The person claiming ownership of property or an easement by adverse possession must take a court action and demonstrate that the property was possessed in a manner that was:

N, notorious

O, open

C, continuous

H, Hostile or Adverse

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Merger

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Holder of easement buys the property

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Quit claim deed

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A type of deed often used to clear title defects

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Quiet Title action

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A court action to remove a cloud on title

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Encroachment

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A building or improvement that invades or trespasses onto someone else's property. example: a driveway or garage that extends over the property line; an overhanging tree or roof. An encroachment is physical in nature and would be great revealed by a survey. is it not an easement.

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Lien

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a lien is a claim against property to secure a debt. A lien is a money encumbrance.

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Involuntary Liens

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are placed by action of law against a property without the owners consent.

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Voluntary Liens

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Are place by the owner and considered specific Liens.

1. Mortgages

2. Trust Deeds

3. Land Contracts

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Specific Liens

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Are placed against a specific property

a. real estate taxes- usually an ad valores tax

b. government assessments

c. mechanic's Liens.

d. homeowners association assessment liens

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General Liens

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are placed against an individual and all he or she owns, both real and personal

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Judgment Liens

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are court ordered claims against an individual and all he or she owns.

i. Priority against real estate is established when the judgment is recorded.

ii. Execution (levy and attachment proceedings) : The process of involuntarily selling the debtor's property to sagk6a judgment.

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Income tax Liens

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are claims placed by the IRS or Arizona government for nonpayment of income taxes.

i. Priority is established against real estate when recorded

ii. IRS or Arizona Income tax liens have no special priority over other recorded liens.