Term
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Definition
| the right that a state has to adopt and enforce laws |
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Term
| Examples of police powers |
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Definition
1. restrictive powers- land controlled by government or private land control.
2. Master plan- cities and counties use this to control and accommodate social and economic growth.
3. zoning laws- regulate and control the use of land and structures within designated areas. |
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Term
| four zoning classifications |
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Definition
1. residential
2. commercial
3. industrial
4. agricultural |
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Term
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Definition
| monitor and restrict the use of land |
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Term
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Definition
| an exception for different use than current zoning (NOT PERMANENT) only applicable for the current owner ) |
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Term
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Definition
| zoning of one spot for use that is not consistent with the surrounding area |
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Term
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Definition
| permitted use of real property which was lawful at the time of construction; however, it no longer conforms to current zoning |
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Term
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Definition
| rules set by local, state or municipal governments that regulate building and construction standards. |
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Term
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Definition
| laws to establish a subdivision. Can be classified as PUD which allows for residential and commercial. |
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Term
| Environmental protection agency. (EPA) |
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Definition
| federal agency that protects the environment |
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Term
| health and sanitation laws (DHEC) |
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Definition
| laws to ensure the safety of buildings and businesses after construction |
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Term
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Definition
| a strip of land separating land devoted to one use from land committed to another use. |
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Term
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Definition
| the right the government has to acquire privately owned real estate for public use. |
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Term
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Definition
| the projected use for the property must be for public use |
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Term
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Definition
| the process by which the government implements their right to take privately owned real estate by judicial means |
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Term
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Definition
| the state can give their police power of eminent domain to a qualifying agency. |
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Term
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Definition
| when someone dies without a will and no heirs can be found, the property goes to the government. |
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Term
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Definition
1. direct - state government, county and municipal governments (tax levy)
2. indirect- imposed duties or excises that are laid upon an event, happening or privilege. ex: sales tax. |
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Term
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Definition
| real property taxes are based on the appraised value and adjusted by state mandated assessment ratio |
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Term
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Definition
| most real estate taxes are calculated by property value |
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Term
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Definition
used to compute taxes
one mill = 1/10 of one penny/ 1/1000th of a dollar or .001 |
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Term
| general and special tax assessments |
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Definition
example- school tax
taxing authorities use these taxes for specific purposes. |
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Term
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Definition
| private restrictions that are imposed to maintain the desirable quality or character of a property. |
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Term
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Definition
| (promises), conditions (contingencies) and restrictions are private arrangements that involve the use of land. |
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Term
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Definition
| anything that affects the title to real estate |
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Term
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Definition
1. mortgage
2. tax lien
3. mechanics lien
4. special assessment (special to certain zone - like $ for new sidewalks in an area) |
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Term
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Definition
| affect one specific parcel |
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Term
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Definition
| an encumbrance that will affect all property real and personal |
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Term
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Definition
according to time of recording
REAL ESTATE TAX LIENS JUMP ABOVE ALL OTHERS |
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Term
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Definition
| notice of possible future lien |
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Term
| 3 types of non-possessory interest |
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Definition
1. license- personal revocable privilege to enter land of another for a specific purpose
2. profit- right to enter by prior agreement to make profit.
3. easement- a right to use the land of another for a specific purpose. (easements run with land) |
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Term
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Definition
| a specific interest int eh right to use a tract of land owned by someone else. (such as utilities) |
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Term
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Definition
easements that run with the land
1. servient tenement- tract of land over which the easement runs
2. dominant tenement- the tract of land that benefits from the easement. |
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Term
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Definition
an easement that is annexed to the ownership of one tract of land and allows this owner to make sure of neighbor's land
MUST HAVE TWO ADJOINING TRACTS OF LAND WITH SEPARATE OWNERS. |
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Term
| easement by mutual agreement |
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Definition
| created in a written agreement between the involved parties. Can be created by long term usage or by the grantor in a deed of conveyance. |
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Term
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Definition
| the right by law to ingress and egress a property. user must pay |
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Term
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Definition
| when part of land is sold and the title is retained for the remainder without an express easement for access to the sold portion |
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Term
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Definition
| when someone has made use of another's land for a definite period of time. IN SC PRESCRIPTION PERIOD IS 10 YRS. |
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Term
| 3 requirements for easement by prescription |
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Definition
1. use of land by claimant myust have been continuous and exclusive
2. land must have been used without the owner's consent
3. the use of the land must have been noticeable and well known to owner. |
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Term
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Definition
| done for the benefit of the public done by gov. |
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Term
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Definition
| when someone dedicates an easement to the government for public use. |
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Term
| 7 methods to terminate an easement |
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Definition
1. by mutual agreement of parties
2. by merger of involved properties
3. by expiration of the time period if one were given
4. by abandonment of the easement
5. by non-use for the prescriptive period
6. by excessive use
7. if the purpose of the easement no longer exists. |
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Term
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Definition
| when someone builds a structure that illegally extends beyond your land. |
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Term
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Definition
| the process of having an encroachment removed. |
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