Level 5 Chapter 1: Private Land Use Controls Flashcards
(9 cards)
3 Types of Land Use Control
Private Land Use Controls, Public Land Use Controls, Public Ownership of Land
Public Land-Use Controls
These are government-issued land-use controls such as zoning ordinances, subdivision regulations, and building codes.
Private Land-Use Controls
Private land-use controls are put into place by non-governmental entities, such as real estate developers — most commonly, these come in the form of deed restrictions
Public Ownership of Land
This concerns the role of government to own and maintain public land such as streets, highways, and parks
Restrictive Covenant
A limit on land use that is imposed by a property owner. Restrictive covenants put restrictions on a property’s conveyance (title), or the instrument that transfers a grantor’s interest in real property.
Deed Restriction
A provision in a deed that restricts the land use of a property. It is attached to a deed, runs with the land, and applies to all future owners of the property. “Deed restriction” and “restrictive covenant” are often used interchangeably. Not be discriminatory, Promote the general welfare of the public, Be consistent, Be exercised reasonably, Be clear and specific. They may NOT, however, violate local, state, or federal laws. Type of building, Acceptable uses for the land, Type of construction, height, setbacks, and square footage, Cost, Aesthetic limitations, Prohibited additions. A deed restriction does not influence how a title is transferred to a buyer, though it does set limits on how the property may be used by the owner.
Conditional Deed Restrictions
Deed restrictions that state that if the property owner violates the restriction, the title will revert to the previous owner.
Qualified Fee Estate
Doctrine of Laches
A legal principle used to bar dated claims. It’s used in conjunction with an unreasonable delay or negligence in asserting or defending one’s rights.
