Download - Real Estate Principles and Practices Chapter 4 Land Use Controls © 2014 OnCourse Learning
Real EstateReal Estate Principles and Practices Principles and Practices
Chapter 4Chapter 4
Land Use ControlsLand Use Controls
© 2014 OnCourse Learning
© 2014 OnCourse Learning
Key TermsKey Terms
Assemblage
Buffer zone
Building codes
Cluster lots
Covenants
Deed restrictions
Dominant tenant
Down zoning
Easement
Easement appurtenant
Easement in gross
Encroachment
Homogeneous
Interstate Land Sales Full Disclosure Act
License
Master plan
Nonconforming use
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Key TermsKey Terms
Planned unit development (PUD)
Plat
Police power
Servient tenant
Setback
Spot zoning
Variance
Zero lot lines
Zoning
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OverviewOverview
Government’s right to exercise control over the use of land
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Federal Controls on Land UseFederal Controls on Land Use
Land set aside for park area
Federal laws covering disposition of real estate
Interstate Land Sales Full Disclosure Act
Real Estate settlement Procedures Act (RESPA)
Assumable Mortgages
Civil Rights Act of 1968
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State and Local Controls on State and Local Controls on Land UseLand Use
Police power: Police power: power of government to regulate land use
Master plan: Master plan: zoning laws, building codes and subdivision regulations
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State and Local Controls on State and Local Controls on Land UseLand Use
Master planMaster planConsiders physical, economic, and social conditions
Guide for growth
Homogeneous: Homogeneous: compatible uses result in stable values
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ZoningZoning
R-1 through R-7
R-1: most restrictive requires large lots
Minimum square footage
Minimum lot width
Minimum front, side, and rear setbackssetbacks
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ZoningZoning
O-1: office use
C-1:neighborhood business
C-2: community business
C-3: general business
C-4: central business
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Changes in ZoningChanges in Zoning
Special use Special use permits: allow conversion of property to another use
Conditional use Conditional use permit: use beneficial to the public
Exclusionary zoning: Exclusionary zoning: large lots excludes those who cannot afford the land cost
Inclusionary zoning: Inclusionary zoning: requires lower income properties
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Changes in ZoningChanges in Zoning
Moratorium: Moratorium: halts construction
Zoning freeze
Amendment: Amendment: Allows a zoning change
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Changes in ZoningChanges in Zoning
Use is in violation of present zoning, but was lawful when begun
“Grandfather” – zoning is not retroactive
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Changes in ZoningChanges in Zoning
Zoning of isolated properties inconsistent with existing regulations
Law does not favor spot zoning
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Changes in ZoningChanges in Zoning
An exception to the zoning ordinance
Use may not be detrimental to the public
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Changes in ZoningChanges in Zoning
Property rezoned to a lower use
New use does not use land to its highest and best use
Compensation
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Procedure for Rezoning or Procedure for Rezoning or VarianceVariance
Applicant contacts planning department
Planning department inspects site and makes recommendations
Hearing announcement placed in the newspaper
Hearing is held
Public may speak for and against
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Procedure for Rezoning or Procedure for Rezoning or VarianceVarianceIf approved – ordinance is prepared
City council holds 3 meetings
If approved – zoning becomes effective
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Private Control of Land UsePrivate Control of Land Use
Deed Restrictions: Deed Restrictions: determine how a property may be used
“subject to”
Covenants: Covenants: regulate use of property
If violated – may be suit for loss of value
Nuisance complaintNuisance complaint
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EasementsEasements
Easement: Easement: right-of-way through the land or another
Right of ingress and egress
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EasementsEasements
Created by law, people, use
Must be in writing
2 typesEasement appurtenant
Easement in gross
Creation of an EasementCreation of an Easement
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EasementsEasements
Right to use the adjacent land of another
Two parties are always involved
Two owners
Dominant tenant: acquires benefit or gain
Servient tenant: gives the easement
Encumbrance
Easement right transfers with the sale
Easement by reservationEasement by reservation
Reserved or retained right of access
Easement by grantEasement by grant
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EasementsEasements
Personal or commercial
No servient and dominant tenant
Cannot be mortgaged or assigned and is not inheritable
Given for a lifetime
License: License: revocable, usually not in writing
Commercial easement: Commercial easement: utility company or government agency
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EasementsEasements
Easement of necessity: Easement of necessity: special needLandlocked
Cannot be rescinded by the owner of the land
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EasementsEasements
Profit a prendre: Profit a prendre: servient tenant allows dominant to remove mineral or soils
Easement by prescription: Easement by prescription: acquired by long term continuous use of another’s property
Party wall easement: Party wall easement: two owners share a common wall
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EasementsEasements
Easement by perception is abandoned
Dominant and servient properties merge
Dominant tenant releases easement right
Quiet title suit
Easement is no longer necessary
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EncroachmentEncroachment
Encroachment:Encroachment:when one owner’s property infringes onto another’s land.
generally not covered by title insurance
important for purchaser to have a survey