Level 2 Land use controls and Regulations

Question 1

a tax calculated according to the assessed value of a piece of real estate

Answer 1

ad valorem taxes

Question 2

involuntary transfer of title from an owner who does not use or inspect their land for a number of years to another person who has some claim to the land and takes possession

Answer 2

adverse possession

Question 3

the transfer of ownership (title) to real property

Answer 3

alienation

Question 4

rights that run with real property ownership; most often transferred with the property, but possible to sell separately

Answer 4

appurtenances

Question 5

the determination of the market value of a property

Answer 5

assessment

Question 6

a set of regulations pertaining to building design, materials, safety, sanitation, and structure

Answer 6

building code

Question 7

legal document from a local authority that authorizes a

building to be occupied; issued after the building has passed all required inspections

Answer 7

certificate of occupancy

CO

Question 8

any claim to or encumbrance on the title to a property which affects transferability

Answer 8

cloud

Question 9

a policy utilized in land use controls which requires developers to identify and mitigate the negative impacts of a development proactively during construction

Answer 9

concurrency

Question 10

private restrictions established for condominium tenants to keep the property uniform and attractive

Answer 10

covenants, conditions,
and restrictions (CCRs)

Question 11

a provision in a deed that restricts the land use of a property

Answer 11

deed restriction

Question 12

the measure of the proportion of a given area used for

residential purposes

Answer 12

density

Question 13

the parcel of land that benefits from an easement appurtenant by having the right to cross another owner’s adjacent land

Answer 13

dominant tenement

Question 14

an interest in, or a right to use, another individual’s land or property, generally for a specific, limited purpose

Answer 14

easement

Question 15

easement in which private property is taken for public use via eminent domain; declaration that a structure must be closed or demolished because it is unfit for occupants

Answer 15

easement by

condemnation

Question 16

an easement that applies to the person or entity, not the specific land

Answer 16

easement in gross

Question 17

the power of government to seize private property for public use; government must pay property owner just compensation for exercising power

Answer 17

eminent domain

Question 18

physical property that crosses the boundary into a neighboring landowner’s property

Answer 18

encroachment

Question 19

non-possessory interest in a property that burdens the title

Answer 19

encumbrance

Question 20

the legal doctrine by which the decedent’s property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs

Answer 20

escheat

Question 21

a lien for which the real estate AND personal property may be sold to satisfy the debt

Answer 21

general lien

Question 22

transfer of title to property without the owner’s consent, usually carried out by operation of law

Answer 22

involuntary alienation

Question 23

the decision rendered by a court as a consequence of a lawsuit

Answer 23

judgment

Question 24

a lien that has another (senior) lien superseding it in priority; also called an inferior lien

Answer 24

junior lien

Question 25

a piece of land which is not accessible by any public means

Answer 25

landlocked

Question 26

regulations that specify how the owners of individual parcels of real estate in a given area may use property

Answer 26

land-use control

Question 27

a set of laws that sets out the process of passing an estate to heirs when the owner dies intestate

Answer 27

Laws of descent and | distribution

Question 28

the claim made by a creditor against real or personal property pledged by a debtor as collateral

Answer 28

lien

Question 29

the order in which liens against a property will be settled

Answer 29

lien priority

Question 30

a document recording at the courthouse giving notice that a lawsuit is pending on a particular piece of property

Answer 30

lis pendens

Question 31

a type of involuntary, specific lien that a mechanic or | materialman can impose upon a property if the property owner fails to pay for materials or work done on the property

Answer 31

mechanic’s lien

Question 32

an expression of a tax rate in 1/1000ths of a dollar; “dollars per thousand dollars of value”

Answer 32

mill

Question 33

the rate at which ad valorem taxes are assessed, calculated by dividing the revenue to be collected by the total tax base

Answer 33

millage rate

Question 34

a legal agreement between a creditor and borrower in which the creditor lends money with interest to the borrower for the purchase of property with the condition that the creditor takes ownership of the title if the borrower defaults in repayment of the loan

Answer 34

mortgage

Question 35

any property use which is inconsistent with the land use controls for that area, regardless of legality

Answer 35

nonconforming use

Question 36

a wall shared by two separate properties; the owners on eachvside share the right of use, often as an easement

Answer 36

party wall

Question 37

a process by which courts determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who dies intestate

Answer 37

probate

Question 38

a lawsuit brought with the purpose of removing any | outstanding ownership claim, title defect, or encumbrance on a property

Answer 38

quiet title suit

Question 39

a lien that comes first on the priority of liens, often a tax lien; also called a superior lien

Answer 39

senior lien

Question 40

describes the parcel of land that must allow an adjacent owner to cross; an easement appurtenant exists at the expense of this party

Answer 40

servient tenement

Question 41

a lien placed against property to collect taxes for a specific improvement benefiting the property

Answer 41

special assessment lien

Question 42

a lien that applies to a certain property only

Answer 42

specific lien

Question 43

a contract that gives a mortgage recorded at a later date priority over a previously recorded mortgage

Answer 43

subordination agreement

Question 44

an area in which a taxing entity is authorized by the | government to levy taxes

Answer 44

tax district

Question 45

the percentage of the value that is taxed

Answer 45

tax Rate

Question 46

permission granted by the government so that property may be used in a manner not allowed by the current zoning

Answer 46

variance

Question 47

local laws that control how land is used and what structures can be built in a designated district

Answer 47

zoning ordinance