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Limitations on the Use of Real Estate


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Government land use controls are imposed under the _______ ________ of the state for the protection of the public.
Police Power
an "ad valorem" tax based on the assessed value of the property
Real Estate Taxes
the right of govt (and govt franchises such as rr and public utilities) to take privately owned real estate for public use or benefit for just compensation
Eminent Domain
When the owner dies intestate(or cannot be found) and there are no known heirs, the property ________ to the state.
A comprehensive, long-range govt plan to regulate the use and development of land in an orderly fashion
Municipal Plan (Master Plan)
The obj of a _____ ______ is a well balanced community growth
Municipal Plan (master Plan)
the ______ _______ considers the needs of the population for economic develompent, public facilities, traffic, conservation, environment, etc.
Municipal Plan (master Plan)
Govt regulation of uses of property within designated areas.
______ regulates and affects such tings as use ofhte land, lot sizes, types of structures permitted, bldg heights, setbacks, and density.
the ratio of land area to improvemnt area
Where there is conflict btw zoning and private restrictions, the most _______ must be followed.
Name the 4 zoning classifications
1 residental (r)
2 commercial (c)
3 industrial or Manufacturing (I or M)
4 Agricultural (A)
controls density based on zoning through restrictions on setbacks, bldg hgt, open spaces, etc.
bulk zoning
Bldgs must have the same architectural style
aesthetic zoning
street flr of office bldgs must have retail shops
incentive zoning
encourages highest and best use
directive zoning
going from an active use to a less active use
down zoning
a tract of land zoned different from surrounding land
spot zoning
a use that was lawfully established at the time of its original construction but no longer conforms to the current zoning law.
Non conforming use
The non conforming zoning might pertain to ____ (4 things).
lot size
use of the land
use of the structure
permission from govt zoning authorities that allows the landowner to deviate from the current zoning ordinance.
T or F a variance does not change the zoning ordiance.
T or F new construction must comply with the zoning ordinance or if it doesn't obtain a variance
a use that requires a special permit
conditional use
govt regulation of subdividers. Controls the streets, sidewalkds, lots, curbs, utlities, street lights, sotrm sewers, etc.
subdivision regulations
_______ subdivide land into lots
sets minimum standards for materials and construction that developers must comply with.
Bldg Codes
T or F Developers build improvements on the land
T or F easement are binding on new owners of the servient estate
T or F leases are binding on new owners
T or F deeds of trust are binding on new owners
reasonable ____ ______ imposed by grantor and agreed to by the buyer, are binding on the buyer and all subsequent owners.
deed restrictions
restrictions filed by the subdivider are binding on all residents of the subdivision and may be enforced by any resident of the subdivisino through the courts
subdivision restriction
When zoning ordinances, deed restrictions, or subdivision restrictions conflict, the more __________ prevails
the legal doctrine which states that a delay in asserting one's legal rights could cause forfeiture of these rights
a charge or claim that a creditior has on the property of a debtor.
another name for a creditor
another name for a lienee
a ______ arises from a debt adn can be created by agreement of the parties or by operation of law.
liens agaainst a specific property. A specific lien is created when the debt is created
specific lien
in a specific lien is the debt secured?
a lien on real property established by law at the beginning of each tax year.
property tax lien
a govt lien on property established when municpal improvements are made to private property. (Sewers, sidewalks)
special assessment lien
a lien on real property established by a person providing labor or materials on property
mechanic lien
a lien on real property established when the owner pledges the property as collateral on a loan
mortgage lien
a lien against all the debtor's real and personal property.
General lien (generality)
a ______ lien is created by law or court action when the debt is not repaid as required in the loan agreemnt.
general lien (generality)
is a general lien a secured or unsecured debt?
unsecured debt
created when income taxes are not paid when due
federal & state tax lien
a lien created by court action brought by a creditor when a debt is not paid
judgement lien
_____ ______'s encumber only the debtor's property located in the county where the lien is obtained.
judgement lien
Can a judgement lien be extended to cover property in outher counties?
What needs to happen in order for a judgement lien to be extended to other counties?
filing the lien in each county
a recorded legal document that gives constructive notice that a court action has been filed against a particular property and is pending.
lis pendens
a Lis Pendens results in the property being rendered ________ during the litigation and cannot be freely ____ or _______.
unmarketable, sold, encumbered
the legal process of seizing the real or personal property of a defendant, and holding it in court custody as sectuirty for statisfaction of a judgement.
writ of attachment (attachment)
a court order authorizing the sheriff to sell real or personal property on the courthouse steps to statisfy a judgement. The sheriff may only sell property sufficient to statisfy the lien.
writ of execution
Priority of Liens: 1,2 & 3
1. Govt liens are first.
2. Mechanic's lien priority is set by the date the work or materials were provided to the property.
3. Morgage lien and judgment lien priority is set by the recording date.
T or F Liens expire if not enforced
T or F liens must be paid in full or transfer before closing can occur
legal descriptions are required on certain legal documents such as _____(7things)____
deeds of trust
title insurance
A legal description is one that is.....
....legally sufficient to locate and identify a particular parcel or land.
recites directions and distrances from point to point around the outer boundaires and must close at the point of beginning.
metes and bounds description
shows lot number, block, subdivision name, plat book and page number, county, and state
platted subdivision description
Example of what description?: Lot 175 of Block M of San Louis Subdivision, according to the plat thereof recorded in Plat book 48, page 74 of the clay county Missouri records
Platted subdivision description
example of what type of description?: Commencing at the NW corner of highway K and Highway N in Lacy County, Missouri; thence North along the West line of Highway K 275' to an iron pipe; thence West 200' to a 6" oak tree;....
Metes and bounds description
a govt survey that uses bench marks located by its longitude and latitude
geodetic survey
a govt survey that uses principal meridians and base lines. Shows fractions of a section, section number, township, range and principal meridian
rectangular survey description
Section of Land 1mile x 1 mile is how many acres?
640 acres
a section of land 36 sections of land 6 miles x 6 miles
a township
how many acres is 36 sections of land 6 miles x 6 miles
23,040 acres

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