Texas Principles of Real Estate 2 - Chp. 4 Control of Land Use

Deed Restriction

Limitations in the deed to a property that dictate certain uses that may or may not be made of the property.

An auto-repair shop that exists in a newly developed residential neighborhood is an example of a...? ANon-conforming Use BConforming Use CSpot Use DVariance Use

Non-conforming Use

Escheat

Occurs when property reverts back to the State when an individual dies without a will and without heirs

Which of the following is an example of a deed restriction...? Only shingled roofs can be used Only brick facades can be used A minimum of 50% of the open space on a property must be grass All of the above

Only shingled roofs can be used Only brick facades can be used A minimum of 50% of the open space on a property must be grass All of the above

Lead can be found in which of the following...? APlumbing pipes BInsulation CFloor tiles DAll of the above

Plumbing pipes

The right of the State to enact laws and enforce them for the order, safety, health, morals and general welfare of the public is known as...? Police Power Escheat Eminent Domain Condemnation

Police Power

Zoning is an example of...? APolice Power BEminent Domain CEscheat DCondemnation

Police Power

PETE stands for

Police Power, Eminent Domain, Taxation, Escheat

Public control of land-use is PRIMARILY done through which of the following...? Deed restrictions Police power Covenants All of the above

Police power

eminent domain

Power of a government to take private property for public use. The owner must be fairly compensated. Example: Building a highway through your property

The purpose of a building permit is to: Show compliance with restrictive covenants Provide evidence of compliance with municipal regulations Maintain municipal control over the setback of a building Override a deed restriction

Provide evidence of compliance with municipal regulations

The control and regulation of land use is accomplished through which of the following means...? Public ownership of land Public land-use controls Deed restrictions All of the above

Public ownership of land Public land-use controls Deed restrictions All of the above

A zoning district may include which of the following uses...? Residential Commercial Industrial All of the above

Residential Commercial Industrial All of the above

The illegal rezoning of a certain property in a zoned area to permit a different type of use than that authorized for the rest of the area is known as...? Spot zoning Variance Preferential zoning Special zoning

Spot zoning

Local governments use which of the of the following to help attract new businesses to an area...? Spot Zones Tax Increment Reinvestment Zones Special Purpose Districts Improvement Districts

Tax Increment Reinvestment Zones

Extra Territorial Jurisdiction (ETJ)

The area outside city limits over which a city has authority for planning and regulating use

Spot Zoning

The illegal rezoning of a certain property in a zoned area to permit a different type of use than that authorized for the rest of the area.

Police Power

The right of the State to enact laws and enforce them for the order, safety, health, morals and general welfare of the public. Example: building codes, zoning

taxation

The right of the government to tax real estate to pay for services and programs supported by the government

(T/F) Asbestos is primarily harmful when it is disturbed...? T (True) F (False)

True - when is is disturbed, crumbles and becomes airborne

A type of foam containing formaldehyde, a gaseous compound used for home insulating until the early 1980's, is known as...? Polystyrene Insulation Extruded Polystyrene Insulation Mineral Wool Insulation Urea-Formaldehyde Foam Insulation

Urea-Formaldehyde Foam Insulation

A permitted deviation from specific requirements of a zoning ordinance because of the special hardship to a property owner is known as a...? AVariance BReconsideration CSpecial Use DConforming Use

Variance

Mold growth is most associated with...? Water damage Proper ventilation Asbestos Carbon monoxide

Water damage

The act of city or county authorities specifying the type of use to which property may be put in specific areas is known as...? Building Codes Police Power Zoning Urban Masterplan

Zoning

Police power does not include

compensation to the owner

When a property owner dies without a will, he is said to have died ...

intestate

A building is permitted to continue in its current use even though that use does not conform to a recently enacted zoning ordinance is an example reverse condemnation special usage variance non-conforming use

non-conforming use

Radon

A colorless, odorless, radioactive gas present in the soil that enters a home through small spaces and openings.

David owns a large parcel of land. After of the study of relevant facts, he divides the land into 30 lots suitable for the construction of new homes. He puts in the streets, curbs, gutters, and utilities. David in this example would be considered: A builder A developer a land planner an urban planner

A developer

Certificate of Occupancy

A document issued by a local government agency after satisfactory inspection of a structure authorizing that the structure can be occupied.

Interstate Land Sales Full Disclosure Act

A federal law that regulates the sale of certain real estate in interstate commerce.

Asbestos

A fibrous mineral found in many building materials that when improperly disturbed, can cause serious lung diseases.

Variance

A permitted deviation from specific requirements of a zoning ordinance because of the special hardship to a property owner.

Planned Urban Development (PUD)

A planning and zoning term describing land not subject to conventional zoning to permit clustering of residences or other characteristics of the project which differ from normal zoning.

Non-Conforming Use

A property use that doesn't conform to current zoning requirements, but is allowed because the property was being used in that way before present zoning ordinance was enacted.

Friable

A quality of some asbestos that causes it to crumble, allowing toxic particles to escape into the air and lodge in people's lungs.

Building Code

A systematic regulation of construction of buildings within a municipality established by ordinance or law.

Urea-Formaldehyde Foam Insulation (UFFI)

A type of foam containing formaldehyde, a gaseous compound used for home insulating until the early 1980's.

Zoning

Act of city or county authorities specifying type of use to which property may be put in specific areas.

If an owner is experiencing economic hardship due to the limitations on his property, a variance may be granted for which of the following...? AAll of the above BA reduced setback requirement CA less stringent high limitation DAn increased lot coverage allowance

All of the above A reduced setback requirement A less stringent high limitation An increased lot coverage allowance

A fibrous mineral found in many building materials that when improperly disturbed, can cause serious lung diseases is known as...? Asbestos Radon UFFI Mold

Asbestos

A systematic regulation of construction of buildings within a municipality established by ordinance or law is known as a...? Zoning Ordinance Building Code Design Narrative Comprehensive Plan

Building Code

A variance may be granted for a change in the permitted ............. or use? Construction materials Construction methods Egress Building area

Building area

Police power allows regulation of all of the following, except Building use Building ownership Number of buildings allowed Building size

Building ownership

This refers to a limitation in the deed to a property that dictates certain uses that may or may not be made of the property...? Variance Stated Use Provision Deed Restriction Enforcement

Deed Restriction

Public land use controls include all fo the following EXCEPT Zoning Environmental Protection Laws Deed Restrictions Subdivision regulations

Deed Restrictions (private)

Laches

Delay or negligence is asserting one's legal rights.

Which of the following are regulated by building codes...? Egress Construction materials Fire-rating of structural members All of the above

Egress Construction materials Fire-rating of structural members All of the above

A quality of some asbestos that causes it to crumble, allowing toxic particles to escape into the air and lodge in people's lungs is known as...? Malleable Expandable Friable Contracting

Friable

A ............ can be filed to stop the violation of a deed restriction? Amendment Novation Injunction Permit

Injunction