cp 3 -4 Flashcards

(75 cards)

1
Q

what are the four government powers?

A

PETE, Police powers, eminent domain, taxation, escheat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the police powers

A

zoning laws, building codes, environmental laws, land development, interstate land sales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Zoning ordinances regulate what?

A

use of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

zoning laws are enforceable under

A

government police powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

zoning rules are set by who

A

local government… city, county, not state or national

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a PUD

A

Planned unit development, mixed use zoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

PUDs are developments of several acres that set aside areas for

A

residences, commercial properties, public areas such as schools or parks, and even industrial property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A strip of land that separates one land use from another

A

buffer zone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If a property’s use existed before the current zoning rules, it generally will be allowed to continue as a

A

nonconforming use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what are the zoning laws requirements for nonconforming use

A
  1. a reasonable period of time which the nonconforming use is to be phased out.
  2. if the structure was destroyed
  3. may not be expanded
  4. abandoned
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

when zoning changes from higher-density use to lower density use

A

downzoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

when zoning changes from lower-density use to higher density use

A

upzoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

a specific property within a zone area is rezoned to permit a use different from the zoning requirements for that zoned area.

A

spot zoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How can you change zoning laws

A

amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

permission for a property owner to use the land in a way not allowed under the zoning law

A

variance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Before a new building can be occupied, what must be issued

A

certificate of occupancy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

enacted to protect the public health and safety from inferior construction practices

A

building codes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

local laws that control the use of land

A

zoning ordinances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

buys undeveloped land and divides it into smaller lots for sale

A

subdivider

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

someone who improves the land constructs building on the lots

A

developer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

in addition to police power, governments have other powers that affect real estate. These are

A

taxation, eminent domain, escheat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

a charge on real estate to meet the financial needs of government

A

taxation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

acquiring title to property by the state to allow a highway to be built

A

eminent domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

the legal process used by the government to carry out its power of eminent domain

A

condemnation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
action initiated by property owners to force the government to buy their property
inverse condemnation
26
what are the three requirements for condemnation
1. courts must declare for common good 2. owner is entitled to fair compensation 3. rights of the property must be protected by due process
27
the government power whereby property reverts to the state or county if the owner dies without a will and leaves no heirs
escheat
28
a friable material whose safe removal is very difficult
Asbestos
29
ordorless, colorless gas that occurs when certain fuels are burned
carbon monoxide
30
used in paint until banned in 1978, may be found in pipes, solder and other products
lead
31
is a radioactive gas produced by the natural decay of radioactive substances and is found in every state
radon
32
a chemical used in the manufacturing of building materials, including particleboard, plywood, paneling, carpeting and ceiling tiles.
urea-formaldehyde
33
can grow on almost any organic substance with sufficient moisture
mold
34
are concern for property near high-voltage power lines
electromagnetic fields
35
can end up in sewers, streams, and the water table. buyers near landscaped property may find themselves in close proximity to this hazard
pesticides
36
this act requires the EPA to establish and enforce air quality standards to protect human health and safety and the environment
CAA clean air act
37
an act requires the filing of an environmental impact statement with the EPA to ensure proposed land projects do not adversely affect the environment
NEPA the national environmental policy act
38
the agency responsible for administering and enforcing environmental protection law
EPA The US environmental protection agency
39
regulates the discharge of pollutants into US water
The clean water act CWA
40
established drinking water standards and testing of public drinking water sources for different types of bacteria, chemicals, and mineral levels and report violations to the public
The safe drinking water act SDWA
41
abandoned hazardous waste sites are identified action is taken to ensure that the sites are cleaned up and reimbursement for cleanup expenses is sought from the parties responsible for creating the problem
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT CERCLA
42
provides money to clean up hazardous waste dumps and spills
superfund
43
old industrial sites that may contain toxic wastes
brownfields
44
this act requires that individuals receive certain information before renting, or renovating pre-1978 housing.
Residential lead-based paint hazard reduction act
45
real estate licensees must provide buyers and lessees what pamphlet
protect your family from lead in your home
46
inspections rules for lead paint
buyers have 10 days to inspect for lead buyers must pay for the inspection buyers can waive their rights for inspection tenants do not have 10 days to inspect for lead
47
where possible, the preferred method of correcting an asbestos hazard
encapsulation
48
_____________ is a charge, claim, or liability on real estate.
encumbrances
49
what are the two types of encumbrances
Physical and nonphysical
50
non physical encumbrances affect
only the title, such as liens and judgement
51
physical encumbrances affect
both title and the physical condition of the property
52
a right to use someones land
easement
53
this easement belongs to the land and transfers with the title
appurtenant easement
54
when do easements in gross are held by individuals and end ....
on the death of either the easement giver or the easement holder
55
allow a person to use another's property for some stated purpose
positive easement
56
prevent an owner from using the property in some manner
negative easement
57
easements can be created by
1. by writing 2. grant deed 3. reservation 4. prescription 5. necessity
58
ending an easement
``` expiration end of purpose merger agreement abandonment court action ```
59
is a privilege to use the land of another for a specific purpose
license
60
license ends
``` revoked by death sale of property expiration abandonment ```
61
illegal physical intrusion on another's land by an improvement
encroachment
62
list two ways that easements can be classified
appurtenant.....in gross | positive easement..... negative easement
63
a clause in the deed that limits the owner's use of the property
deed restriction
64
what are the requirements for a appurtenant easement
two parcels of land located next to each other parcels must be owned by different people
65
when an easement appurtenant situation exists, the parcels of land involved are called
dominant and servient tenement
66
the parcel of land that benefits from the easement is called
dominant tenement
67
the parcel of land over which the easement runs is called the
servient tenement remember serves
68
appurtenant easements are also called
run of the land
69
a easement created by court order to prevent landowners from being land locked
easement by necessity
70
a commonly shared partition wall between two connected properties
party wall
71
an easement to prevent the servant tenant from doing something that would obstruct the light or view of the dominant tenant
light or view easement
72
is a person right to use another's land, such easements are given to individuals corporations
easement in gross
73
and easement is acquired when a claimant uses another's land for a period of time as defined by state law. which easement and how long does the property have to be used for?
easement by prescription, 20 years
74
for an easement of prescription what requirements have to be fulfilled?
1. use must be uninterrupted use of the property, idaho 20 years 2. use must be continuous 3. the use must be adverse, without owners consent 4. use must be visible, open and notorious
75
successive periods of use by different parties
tacking