RE Section 2 Chapter 7

Which is the most common method of enforcing a restrictive covenant?

Injunction

The distance required between a building and the street or property line is the

Setback

Variance

This is obtained if a property owner can prove that local zoning creates an undue hardship because of unique circumstances, and also show that granting this will not greatly alter the character of the affected locality.

Zoning laws are created and enforced by

Zoning laws (ordinances) are created and enforced by city and county governments, not by the state or federal governments.

Zoning

the systematic division of a city or county by legislative regulation

Spot Zoning

treatment of a single property in a manner inconsistent with the treatment of similar properties in the area

City and County Master Plans

A master or comprehensive plan has been adopted by most cities and many counties to guide and control the long-term use and development of land within their jurisdiction. Its purpose is to direct present and future growth in a logical fashion with an overall concept in mind, having defined values and stated goals.

Bulk Zoning

Controls density and avoids overcrowding, such as restrictions on setback, building height, and percentage of open area, as its primary purpose.

Zoning ordinances are rights of

Counties, towns and municipalities

Zoning Appeal Boards

Groups established to hear complaints about the effects of zoning ordinances on specific parcels of property.

Zoning Estoppel

Halting the government from enforcing a new downzoning ordinance against a landowner, when that landowner can show that he has incurred substantial costs after relying upon the government's prior assurances that he had met all zoning requirements

In a residential subdivision, the deed restrictions establish a central playground which uses four feet of the backyard of each owner. Barnes has decided to put in an organic garden in his backyard and in so doing he will move a piece of playground equipment. His neighbor, Bates, objects to Barnes' plan. What can Bates do?

Petition the court for an injunction to stop Barnes

Police Power

Power of a state to adopt and enforce laws and regulations that promote the health, safety, morals and general welfare of the public. This power is given to individual states

Private restrictions cannot... a. be based on aesthetic considerations. b. restrict the owner's lawful use of the land. c. take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance. d. restrict the square footage of the improvements.

Private restrictions cannot take precedence over a zoning ordinance unless they are more restrictive than the zoning ordinance.

Conditional use zoning

Results in the issuance of a zoning permit that allows a use that is not in compliance with the surrounding local zoning already in effect. For instance, a zoning board might issue a conditional use permit that would allow a hospital to be built in a residential neighborhood. However, the board would most likely set up certain terms that would limit the hospital's activities and size. The objective would be to allow the hospital, while maintaining the integrity of the residential neighborhood.

Downzoning

Rezoning of land from a higher-density use to a lower-density use. Happens in areas where there is little population, little water, and little services available to the inhabitants in the area.

Laches

The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights. For example, if neighbors were to stand by silently watching a homeowner build a free-standing garage, and then suddenly complain when it was 90% completed that it goes against the deed restrictions, they would probably lose their right to enforce the deed restriction.

Ordinances

The legislative regulation deciding zoning

Restrictive Covenants

These restrict the use of real property and are usually contained in a deed or lease agreement.

Deed Restrictions

Usually affect the size or number of buildings, the size of lots, the cost and type of structure that can be built, fence or hedge heights, setback lines, and prohibitions against certain types of livestock and usage.

Building Codes

a set of rules that specify the minimum acceptable level of safety for constructed facilities

Bob buys property with a "no fences" deed restriction. Bob proceeds to erect a fence to restrain his dogs. What may the neighbors do to prevent the erection of the fence? a. File for enforcement of the zoning ordinance. b. File a private court action for an injunction. c. Sue to enforce the building codes. d. File for condemnation under the eminent domain statute.

b. File a private court action for an injunction.

The state is considering the condemnation of several pieces of property in the inner-city for the construction of a sports complex. The assembled property would then be leased to three private concerns for the operation of the complex. Can the state do this? a. Yes, but only if the pieces of property are vacant lots. b. Yes, if just compensation is paid to the landowners. c. No, because this is in the middle of the city. d. No, because condemned property cannot benefit private individuals.

b. Yes, if just compensation is paid to the landowners.

A subdivider purchased a large parcel of vacant land which he intends to subdivide. The private deed restrictions state that if the land is ever subdivided the minimum lot size is 10,000 square feet. The applicable zoning ordinance states that the minimum lot size is 8,000 square feet. Which restriction will apply in this case? a. 10,000 square feet because private restrictions always have priority over public restrictions. b. 8,000 square feet because public restrictions always have priority over private restrictions. c. 10,000 square feet because this is the more restrictive of the two restrictions. d. 8,000 square feet because this is the more restrictive of the two restrictions.

c. 10,000 square feet because this is the more restrictive of the two restrictions.

A local government changed the zoning on a large parcel of property. As a result of the zoning change, the property has decreased in value. The government: a. Is required to compensate the owners an amount equal to the appraised value of the property prior to the rezoning b. Must pay the owners the difference between the present value and value prior to rezoning c. Is not required to pay anything d. Is exercising it's power of eminent domain

c. Is not required to pay anything When property is rezoned the government is NOT required to pay the owners for the decrease in value. This is an example of police power, NOT eminent domain. If the property had been taken under eminent domain, the government would be required to pay "just compensation" for it.

Permission for land use not normally permitted by the zoning classification of the property is a/an: a. Differential. b. Zoning change. c. Variance. d. Egression.

c. Variance.

A condemnation suit must show which of the following? a. The condemned property will be used for the benefit of the public. b. Just compensation will be paid to the owner of the condemned property. c. No other property can serve the purpose. d. All of the above

d. All of the above

Which is an example of a subdivision? a. Condominiums. b. PUD. c. Industrial park. d. All of the above.

d. All of the above. A subdivision can be two or more lots, parcels, units or interests offered for sale under a common promotional sale plan. Thus, condominiums, PUD's, and industrial parks are all subdivisions

Which of the following is an enforceable deed restriction? a. Exterior design. b. Building size. c. Limitations on the height of trees. d. All of these choices are enforceable.

d. All of these choices are enforceable.

The purpose of a city's master plan is to: a. Provide a basis for property tax assessments. b. Detail specific zoning requirements. c. Allow for long-term budgeting. d. Be a guide for the future development of the city.

d. Be a guide for the future development of the city.

All of the following statements are true with regard to restrictive covenants in a deed EXCEPT a. The covenant runs with the land. b. The covenant may be removed without legal action. c. The covenant does not need a termination date. d. The covenant may vary with Fair Housing laws.

d. The covenant may vary with Fair Housing laws. The Federal and state fair housing laws make it illegal to restrict the sale or lease of property based on a person's race, color, religion, national origin, sex, handicap or familial status. Any restrictive covenants in a deed that conflict with Fair Housing would be unenforceable.

Which of the following is an example of the police power of government? a. Escheat. b. Eminent domain. c. Taxation. d. Zoning and building codes.

d. Zoning and building codes

Zelda wants to move into a subdivision with her giraffe. Which of the following would determine whether or not she could move into a home and keep her giraffe on the property? a. Police power because the police determine which pets are allowed in residential properties. b. Building codes. c. Urban planning with a restriction on regulating pets. d. Zoning ordinances.

d. Zoning ordinances Zoning ordinances determine property uses permitted including the types of animals which may be kept.

Private restrictions cannot: a. be based on aesthetic considerations. b. restrict the owner's lawful use of the land. c. take precedence over zoning ordinances. d. restrict the grantee's conveyance of the property.

d. restrict the grantee's conveyance of the property.

Fred has built a new house on a lot he has owned for years. He will not be allowed to move into the house until

A certificate of occupancy is issued

A new residential development requires that all single family houses have a 20' X 22' attached garage. This requirement is an example of

A restrictive covenant A covenant (promise to keep) is a form of a deed restriction. This type of restriction would be imposed by the developer, not the local government through zoning powers.

Buffer Zone

A strip of land that is set aside to separate two types of land use that are considered incompatible. For instance, the developer of an industrial park might be required to establish this between his park and a neighboring residential area.

Nonconforming use

A use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area. "Grandfathering"

Peyton wishes to buy a home within the city limits. His real estate broker tells him that he will not be allowed to keep his pet alligator in his swimming pool. What would most likely be responsible for the decision?

City Zoning Commission The alligator would be restricted by City Ordinances as part of the responsibility of the City Zoning Commission. This is a restriction of the use of private property through a government's use of Police Power.

Asbestos would most likely be found where in a house?

Around pipes