National Topic Tester-Land Use Controls

Which of the following does NOT reflect current real estate market conditions? Select one: A. Building permits B. Deed recordings C. Mortgage recordings D. Divorce filings

(commercial/income property) An increase or decrease in building permits, deed recordings, and mortgage recordings would indicate an increase or decrease in real estate sales. Divorce filings would have no effect on value. The correct answer is: Divorce filings

Which of the following is derived from the police power of government? Select one: A. Escheat B. Eminent domain C. Taxation D. Building codes

(government rights in land) Escheat, eminent domain, taxation, and police powers are all government rights in land. However, escheat, eminent domain, and taxation are explicit powers unto themselves, not derived from any other power. Of the listed choices, only building code restrictions (zoning enforcements) are derived from the police powers of government. The correct answer is: Building codes

What is not a private limitation on title? Select one: A. Lien B. Deed restriction C. Eminent domain D. Encroachment

(government rights in land) Except for eminent domain, all of the other choices are private limitations on title because they are man-made. In other words, they arise due to the actions or omissions of one or more of the parties. By contrast, eminent domain arises pursuant to application of the law. The correct answer is: Eminent domain

Valid restrictive covenants: Select one: A. Restrict what an owner may do on his own land B. Run with the land C. May appear in a lease D. All of the above

(private controls) All of the listed statements are true about valid deed restrictions. To "run with the land" means that the restrictions remain with the property as it passes from owner to owner. The correct answer is: All of the above

Private restrictions on the use of land may be created by: Select one: A. Deeds B. Written agreement C. General restrictions in a subdivision's regulation D. All of the above

(private controls) Private restrictions on the use of land may be created by any of the cited instruments. These are restrictions that are placed on a property by the owner. The correct answer is: All of the above

Building codes are enforced by: Select one: A. Federal authorities B. State agencies C. Zoning board D. Building permits

(public controls based in police power) Building codes are enforced by issuing building permits and requiring periodic inspections at certain phases of construction. A final inspection is required before one may receive a certificate of occupancy. Building codes are locally enforced (generally, by building departments). The correct answer is: Building permits

Zoning ordinances are established by: Select one: A. The federal government B. Individual state governments C. Counties, towns, and municipalities D. All of the above

(public controls based in police power) Counties and towns establish zoning ordinances. In come cases, these decisions may be directed by either State or Federal regulations. The correct answer is: Counties, towns, and municipalities

The police power includes all of the following regulations EXCEPT: Select one: A. Zoning and building codes B. Condominium covenants, rules, and regulations C. Government land-use regulations D. Real estate licensing laws

(public controls based in police power) Police power authorizes governments to enact zoning and building codes, land use regulations, and real estate licensing laws. Condominium covenants, rules, and regulations are private concerns. The correct answer is: Condominium covenants, rules, and regulations

A gas station was built in 1938. The surrounding area was zoned as residential in 1960. The gas station is an example of: Select one: A. A non-conforming use B. Planner urban development C. Down zoning D. Gentrification Feedback

(public controls based in police power) The gas station is classified as a non-conforming use since it does NOT conform to the present zoning ordinance. However, because the use existed before the zoning change, it is a legal non-conforming use. The correct answer is: A non-conforming use

Government rights to control private land stem from: Select one: A. Municipal governments B. Local zoning authorities C. The Constitution D. Common law

(public controls based in police power) The government derives its right to control private land use from the U.S. Constitution. Many state constitutions echo the same rights. These rights are known as Police Powers. While police power is delegated to local authorities, it stems (derives) from the Constitution. The correct answer is: The Constitution

The purpose of a zoning ordinance is to: Select one: A. Promote public welfare B. Promote building conformity C. Control competition D. Promote property values

(public controls based in police power) The purpose of zoning is to promote the health, welfare, and safety of the public. Building conformity is a result of building codes, not zoning. The correct answer is a restatement of the police power definition. The correct answer is: Promote public welfare

An owner has been using a parcel of land for heavy industry since 1973. Subsequently, the property is zoned commercial, excluding industrial uses. The owner's continued industrial use of the property is a(n): Select one: A. Violation of the existing zoning B. Deviation from the master plan C. Zoning variance D. Illegal non-conforming use

(public controls based in police power) This is an example of a non-conforming use. At one time, the use of the property conformed to the zoning code. The zoning has since been changed, so the continued use for industrial purposes is in violation of current zoning. However, because the use existed before the zoning changed, it may continue. Had the use arisen after the zoning change, it would be classified as an illegal non-conforming use. Master plans contain general standards of present and future development. We do not know if this change deviated from the master plan. Therefore, we do not know whether the non-conforming use deviates from the master plan. The correct answer is: Violation of the existing zoning

A property has a deed restriction that prohibits raising livestock. However, local zoning permits livestock on the property in question. May the property owner raise livestock? Select one: A. No, because the owner must follow the deed restriction over the zoning ordinance B. No, because the deed restriction existed before the zoning ordinance C. Yes, because private agreements cannot overrule a zoning ordinance D. Yes, because estoppel will prevent enforcement of the deed restriction

(public controls based in police power; private controls) Deed restrictions may always be more restrictive, but never less restrictive, than zoning laws. Therefore, the owner must follow a more restrictive (but legal) deed restriction. Being more restrictive is not equivalent to "overruling" a zoning ordinance--a more restrictive requirement remains consistent with the minimum standard. The correct answer is: No, because the owner must follow the deed restriction over the zoning ordinance