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22 Cards in this Set

  • Front
  • Back

Legal non-conforming use

Legally using property in a way that was made illegal (by new zoning)


Permitting prohibited land uses to avoid undue hardship of property owner; asking permission to violate zoning; becomes appurtenant to the property

Conditional-Use permit
Using a property for the public good in a way it isn't zoned for (like a hospital or a church)
Overlay district
Where a district is subject to multiple zoning restrictions
Spot zoning

Zoning based on a specific property or small set of properties; to be legal, must be truly in the public interest rather than being for the benefit of a single property owner (or a few property owners)


All divisions of a tract or parcel of land into two or more lots, building sites, etc

Plat map

A map of a subdivision indicating the location and boundaries of individual properties.

Interstate Land Sales Full Disclosure Act

A federal law regulating the interstate advertising and sale or lease of lots in subdivisions with 25 or more lots. Developer must provide a property report to buyer and register the subdivision with HUD

Building codes
Construction standards
Certificate of Occupancy

Certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations; end result of a successful building permit


Waiting too long to enforce restrictive covenants will cause loss of rights to enforce

Deed restrictions; Restrictive Covenants; Protective Covenants

Private agreements usually imposed by the owner when property is sold that limits the way the real estate ownership may be used; used by developer to maintain standards; appurtenant

Police Power

The authority of the state to create regulations to protect the public health, safety, and welfare of the people

Enabling Acts

These allow the power to enact laws authorized by the state's police power to be passed down to municipalities and other local governing authorities

ETJs (extra-territorial jurisdictions)

The areas outside an incorporated limits which are still subject to the zoning restrictions of a municipality (population determines whether one mile or three from corporate limits)


Such as when land previously zoned for residential construction is rezoned for conservation or recreation purposes only (state not responsible for compensation for loss of value; current uses can remain under grandfather rule)

Building permits

Written governmental permission which must be obtained prior to constructing, altering, or demolishing an improvement; shows compliance with building codes and zoning ordinances

Cluster Zoning

Under this type of zoning, a developer can provide the same number of housing units as a traditional subdivision plan but with substantially increased tracts of open space; accomplished by reducing size of individual lots and using the extra space as open space

1) Division results in parcels having 10 or more acres and no street right of way dedication

2) Division of land no larger than two acres into no more than three lots with no street right of way dedication and parcel is owned by single entity

Exceptions to definition of subdivision

Held responsible for facts you actually know and facts you should know

Broker's duty to disclose zoning and other material facts

Broker's responsibility to disclose who maintains the street to property!
Public (built to DOT standards) vs Private
Dedication (to public use and built to DOT standards) VS Acceptance (but DOT may not have accepted the obligation to maintain!)
Subdivision Streets Disclosure Law

Final approval of the subdivision is granted AND recorded (also...contract on subdivision property ONLY if preliminary plat has been approved)

The point at which a broker can close a sale on a lot in a subdivision and NOT before...