Term
| Introdcution to Restrictions on Real Property Use |
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Definition
| The ownership of real property does not include the absolute right to use it without restriction. Voluntary agreements between real property owners and government action may impose restrictions on the use of the land |
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Term
| Servitudes- How are they made (generally) and what are the three most common ones |
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Definition
| A servitude is anything that burdents the use of real property. Generally servitudes are created through an agreement of parties defining the private restrictions on use. The three major servitudes are easements, covenants, and profits |
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Term
Easements
1) What are easements generally
2) Who are the two parties in an easement
3) what are the two easements. and describe each |
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Definition
Easements provide a limited right to enter real property owned by another, which allows one party to use some portion of the real property of another but comes with no right of ownership. Every easement grants a right and imposes a burden.
The party with the easement grants a right and imposes a burden. the party with the right to use the ppoertery of another possesses the dominant estate.
The property that the party with the dominant estate may use has the servient estates.
Easements fall into two categories-
Easements in gross, also called commercial easements, are characterized by the existence of one parcel of real estate that is the servient estate, but there is no specified parcel of real estate receiving a benefit from the easement.
Appurtenanet easements are characterized by one two parcels of land, usually adjoining, with each parcel having a different owner. The easement benefits one parcel, the dominant estates |
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Term
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Definition
| Convesrevations easements are created for the specific purpose of land preservation programs |
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Term
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Definition
| Covenants are agreements between the sellers and buyers of land, usually related to the use of the land. Covenants represent the earlierst form of controlloing land use. For example, before the existence of municipal planning or zoning , use of property within a prticular neighborhood or community was controlled by restrict covenants placed in deeds. |
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Term
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Definition
A profit or a profit a prendre is the common law right to remove natural resources, such as minerals and timber from the property of another.
A license is the privilege to use the land for a specific profit-making purpose not limited to taking form the soil |
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Term
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Definition
| Judgment lines, whether created as a result of a court proceeding or voluntarily, are encumbrances which can impact the ability to transfer real estate |
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Term
| Police Power and Government Restrictions |
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Definition
| Police power is the right of state governments to define and control activities to promote the health, safety, and general welfare of their citizens. Anything that is not within the exclusive jurisdiction of the federal government is subject to hte police power of the state |
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Term
| Zoning and Building Codes |
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Definition
Zoning codes are enacted by municipalities to control the use and development of the land in the community. These are highly localized in nature. Building codes enacted by the local municipalities to ensure safety in the construction of building and improvements attached to the land.
States through legislation give the right to local municipalities to enact their own zoning codes
the International Code Council has developed a nationwide model building code that is based on model building codes enacted by three regional groups- the building Officiials Code Administrator (North and Midwest); Sourthern Building Code Congress International (South)
and the Internationl Conference of Building Officials (west).
It is these model codes that have been enacted by local municipalities. |
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Term
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Definition
For many muncipalities, tax revenues have been based on real estate taxes. Each parcel of real estate is asses a value, adn the country and local governments determine a tax rate. The rate is then applied to the assessed value to determine the real estates taxes due.
Assessed Value x Tax Rate = Real Estate Taxes |
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Term
Environmental
Regulations |
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Definition
| Federal and state governments control and restrict the right to use the property by the imposition of environmental regulations. there are standards related to the release of pollutants into the air, water, and ground. The goal of course is to protect the general welfare and safety of our citizens from materials that are harmful to our health. |
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