Chapter 5 Flashcards
Zoning Ordinance
A statement setting forth the type of use permitted under each zoning classification and specific requirements for compliance.
Variance
A permitted deviation from specific requirements of a zoning ordinance because of the special hardship to a particular property owner.
Subdivision Regulations (Ordinances)
Public control of the development of residential subdivisions.
Statement of Record
A document disclosing specific information that the developer must file with HUD before offering improved lots in interstate commerce by telephone or through the mail.
Covenant of what? - (Is there an acronym for this?)
Quiet Enjoyment Right to Convey Seisin Warranty Against encumbrances.
Covenant of Quiet Enjoyment
Quiet enjoyment: the right to exclude others, the gift by sale, or by will, and the right to control the use of the property and profits within the limits of the law.
Covenant of Right to Convey
This convenant usually follows the covenant of seisin in the general warranty deed and typically reads, “and has the right to convey the same in fee simple.” By this covenant, the grantor provides an assurance to the grantee that the grantor has legal capacity to convey the title and also has the title to convey.
Covenant of Seisin (seizin)
The typical wording of a covenant of seisin (pronounced like “season”) is “grantor covenants that she is seised of said premises in fee.” This covenant provides an assurance to the grantees that the grantors hold the title that they specify in the deed that they are conveying to the grantees. The grantors promise the grantees that they have fee simple title to the property.
Covenant of Warranty*
The warranty of title in the general warranty deed provides that the grantor “will warrant and defend the title to the grantee against the lawful claims of all persons whomsoever.” This is the best form of warranty for the protection of the grantee and contains no limitations as to possible claimants protected against, because the grantor specifies that he will defend the title against “the lawful claims of all persons whomsoever.”
*The covenant of warranty is the most important of all the covenants.
NOTE: The covenants of seisin and the right to convey are often considered one covenant, as are the covenants of warranty and quiet enjoyment.
Covenant Against Encumbrances
This covenant typically states, “That said premises are free from encumbrances (with the exceptions below stated, if any).” The grantor is assuring the grantee that there are no encumbrances against the title except those of record. Typical encumbrances that are acceptable to grantees are the encumbrances of a mortgage lien when the grantee is assuming the grantor’s existing mortgage, of recorded easements, and of restrictive covenants.
As noted previously, this does not mean there are no encumbrances, only that there are none other than those of public record, such as easements, restrictive covenants, or zoning regulations.
Spot Zoning
The rezoning of a particular property in a zoned area to permit a use different from that authorized for the rest of the area. It is illegal unless there is a clearly established, reasonable basis for it.
Special Use
An exception, or special use, built into a zoning ordinance that must be granted if the criteria for the exception are met.
Setback
The distance from a front or interior property line to the point where a structure can be located.
Run with the Land
Rights that move from grantor to grantee along with a title.
Restrictive or Protective Covenants
Limitations on land us binding on all property owners. A form of private land use control.
