Chapters 6-10

Question 1

A comprehensive plan, also known as a master plan

Answer 1

helps localities establish and enforce rules that dictate how development occurs. The plan establishes a framework for the legal resolution – a document that regulates the use of real property by defining certain limits on land use. Covers things such as occupancy limits, parking structures, suburban and rural residential districts and both commercial and private land use.

Question 2

Building Envelope

Answer 2

the maximum three-dimensional space on a zoning lot within which a structure can be built, as permitted by applicable height, setback and yard controls.

Question 3

Floor Area Ratio (FAR)

Answer 3

the principal bulk regulation controlling the size of buildings. FAR is the ratio of total building floor area to the area of the zoning lot. Each zoning district has a FAR control which, when multiplied by the lot area of the zoning lot, produces the maximum amount of floor area allowable in a building on the zoning lot.

Question 4

Lot Area

Answer 4

The area (in square feet) of a zoning lot

Question 5

Lot Coverage

Answer 5

That portion of a zoning lot which, when viewed from above, is covered by a building.

Question 6

Variance

Answer 6

The authorization to improve or develop a particular property in a manner not authorized by zoning.

Question 7

Yard Setbacks

Answer 7

A required open area along the property lines of a zoning lot, which must be unobstructed from the lowest level to the sky. Yard setbacks ensure light and air between buildings.

Question 8

Zoning

Answer 8

The separation or division of a city or town into districts, the regulation of buildings and structures in such districts in accordance with their construction and the nature and extent of their use, and the dedication of such districts to particular uses designated to serve the general welfare.

Question 9

Zoning District

Answer 9

A mapped residential, commercial, or manufacturing district with similar use, bulk and density regulations.

Question 10

Zoning Maps

Answer 10

Maps that indicate the location and boundaries of zoning districts within a municipality.

Question 11

Zoning Ordinance

Answer 11

A statement setting forth the type of use permitted under each zoning classification and specific requirements for compliance. They commonly regulate what uses are allowed on a particular property, the minimum and maximum size of a property, how densely a property can be developed, and the maximum building size that can be built on a property

Question 12

Subdivision Regulations

Answer 12

The control of the division of a tract of land into individual lots by requiring development according to specific standards and procedures adopted by local ordinances.

Question 13

Building Code

Answer 13

A systematic regulation of construction of buildings within a municipality established by ordinance or law.

Question 14

Certificate of Occupancy

Answer 14

A document issued by a local government agency after satisfactory inspection of a structure authorizing that the structure can be occupied.

Question 15

Governmental Powers in Real Estate

Answer 15

“PETE” Police Power - Eminent Domain - Taxation - Escheat

Question 16

Police Power

Answer 16

• the right of the United States government to make laws, and to enforce those laws, to ensure the order, safety, health, morals and general welfare of citizens of the United States.

Question 17

Eminent Domain

Answer 17

the right the United States federal and state governments must take private land or private property for public use or economic development. When eminent domain powers are used, the property owner has the right to receive “just compensation” for the taking of their property.

Question 18

Taxation

Answer 18

Any person, corporation or other organization that owns real estate must pay property taxes every year

Question 19

Escheat

Answer 19

property that was publicly owned reverting to the state when there are no identifiable heirs capable of assuming ownership of the property. If a property owner dies and did not leave a valid will or named beneficiaries, that property owner did not have any identifiable heirs under state law, the property would escheat to the state.

Question 20

Freehold estate

Answer 20

refers to the right to own land, or an interest derived from land, with no fixed time period associated with the ownership

Question 21

Condemnation

Answer 21

The act of taking private property for public use by a political subdivision upon payment to owner of just compensation.

Question 22

Fee Simple Absolute

Answer 22

An inheritable estate in land providing the greatest interest of any form of title.

Question 23

Fee Simple Determinable

Answer 23

An estate that will end automatically when the stated event or condition occurs. The interest will revert to the grantor or the heirs of the grantor.

Question 24

Fee Simple Estate

Answer 24

The greatest interest that one can have in real property. An estate that is unqualified, of indefinite duration, freely transferable and inheritable

Question 25

Life Estate

Answer 25

An estate or interest in real property, which is held for the duration of the life of some certain person. It may be limited by the life of the person holding it or by the life of some other person.

Question 26

Life Tenant

Answer 26

The owner of a life estate.

Question 27

Remainder

Answer 27

An estate which takes effect after the termination of the prior estate, such as a life estate. A future possessory interest in real estate.

Question 28

Remainderman

Answer 28

A person who inherits or is entitled to inherit property upon the termination of the estate of the former owner.

Question 29

Reversionary Interest

Answer 29

The interest which a person has in lands or other property, upon the termination of the preceding estate. A future interest.

Question 30

Accretion

Answer 30

Accession by natural forces, e.g., alluvium

Question 31

Alluvium

Answer 31

The gradual increase of the earth on a shore on an ocean or bank of a stream resulting from the action of the water.

Question 32

Erosion

Answer 32

The wearing away of land by the act of water, wind, or glacial ice.

Question 33

Littoral Rights

Answer 33

The right of a property owner whose land borders on a body of water, such as a lake, ocean or sea, to reasonable use and enjoyment of the shore and water the property borders on.

Question 34

Riparian Rights

Answer 34

The right of a landowner whose land borders on a stream or watercourse to use and enjoy the water which is adjacent to or flows over the owner’s land provided such use does not injure other riparian owners.

Question 35

Encumbrance

Answer 35

Anything which affects or limits the fee simple title to or value of property, e.g., mortgages or easements.

Question 36

Covenants, Conditions, and Restrictions (CC&Rs)

Answer 36

The basic rules establishing the rights and obligations of owners of real property within a subdivision or other tract of land in relation to other owners within the same subdivision or tract and in relation to an association of owners organized for the purpose of operating and maintaining property commonly owned by the individual owners.

Question 37

Deed Restrictions

Answer 37

Limitations in the deed to a property that dictate certain uses that may or may not be made of the property.

Question 38

Dominant Tenement

Answer 38

A parcel of real property that has an easement over another piece of property (the servient estate).

Question 39

Easement

Answer 39

A right, privilege or interest limited to a specific purpose which one party has in the land of another.

Question 40

Easement Appurtenant

Answer 40

An easement that benefits the dominant estate and “runs with the land”. In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred

Question 41

Easement by Condemnation

Answer 41

An easement created by the government or government agency that has exercised its right under eminent domain

Question 42

Easement by Grant

Answer 42

The creation of an easement by one party expressly transferring the easement to another party.

Question 43

Easement by Implication

Answer 43

An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties

Question 44

Easement by Necessity

Answer 44

Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

Question 45

Easement by Prescription

Answer 45

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Question 46

Easement in Gross

Answer 46

An easement that benefits an individual or legal entity, rather than a dominant estate.

Question 47

Servient Tenement

Answer 47

A parcel of real property that is encumbered by an easement of a dominant estate.

Question 48

Encroachment

Answer 48

An unlawful intrusion onto another’s adjacent property by improvements to real property, e.g., a swimming pool built across a property line.

Question 49

Estate at Sufferance

Answer 49

An estate arising when the tenant wrongfully holds over after the expiration of the term. The landlord has the choice of evicting the tenant as a trespasser or accepting such tenant for a similar term and under the condition of the tenant’s previous holding. Also called a tenancy at sufferance

Question 50

Estate at Will

Answer 50

The occupation of lands and tenements by a tenant for an indefinite period, terminable by one or both parties.

Question 51

Estate For Years

Answer 51

An interest in lands by virtue of a contract of a contract for the possession of them for a definite and limited period of time. May be for a year or less. A lease may be said to be an estate for years. Rent may be paid monthly, quarterly, annually, or in any other kind of installments spelled out in the lease

Question 52

Leasehold Estate

Answer 52

A tenant’s right to occupy real estate during the term of the lease. This is a personal property interest.

Question 53

Lessee

Answer 53

One who contracts to rent, occupy, and use property under a lease agreement; a tenant.

Question 54

Lessor

Answer 54

An owner who enters into a lease agreement with a tenant; a landlord.

Question 55

Periodic Estate

Answer 55

An interest in land where there is no definite termination date but the rental period is fixed at a certain sum per week, month, or year. Also called an estate from period to period

Question 56

Graduated Lease

Answer 56

A lease which provides for a varying rental rate, often based upon a future determination; sometimes rent is based upon the result of periodic appraisals; used largely in long-term leases.

Question 57

Gross Lease

Answer 57

A lease in which the lessor pays all costs of operating and maintaining the property and real estate taxes. Tenant: residential leases are gross leases and some commercial leases are gross leases

Question 58

Ground Lease

Answer 58

An agreement for the use of land only (not a structure or unit of a building,), sometimes secured by improvements placed on the land by the user. ground leases cover a long time period – often between 50 and 99 years

Question 59

Net Lease

Answer 59

A lease requiring a lessee to pay charges against the property such as taxes, insurance, and maintenance costs in addition to rental payments. Tenant: Net leases are very common for some office tenants and other companies leasing commercial space to run their businesses.

Question 60

Percentage Lease

Answer 60

Lease on the property, the rental for which is determined by the amount of business done by the lessee; usually a percentage of gross receipts from the business with provisions for a minimum rent

Question 61

Oil and gas lease

Answer 61

• Under an oil and gas lease, the lessor (landowner) and the lessee (the oil and gas company) agree that the lessee will have access to the oil and gas on the lessor’s property

Question 62

Lease

Answer 62

A contract between an owner and tenant, setting forth conditions upon which the tenant may occupy and use the property and the term of the occupancy.

Question 63

Actual Eviction

Answer 63

The removal of a tenant by the landlord because the tenant breached a condition of a lease or another rental contract.

Question 64

Constructive Eviction

Answer 64

Any disturbance of the tenant’s possession of the lease premises by the landlord whereby the premises are rendered unfit or unsuitable for the purpose for which they were leased.