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National 2
National chapter 2
Term | Definition |
---|---|
Zone | area set for specific purpose (residential, commercial, agricultural, industrial, special purpose) |
Bufer zone | area separates two incompatible zones |
Setback | minimum distance from street/lot line structure can be built |
Variance | use granted in violation of ordinance (undue hardship) |
Non conforming use (grandfathered) | use pre-dates zone ordinance can continue |
Encumbrance | right, claim, interest held by non owner (deed restrictions, easement, lien) |
Deed restriction | maintain value of property and benefit owners |
Lien | claim against property to secure debt (money encumbrance) |
Involuntary lien | without consent |
specific lien | against specific property |
Types of specific liens | Real estate taxes gov't assessments mechanics HOA assessments |
General lien | placed against individual and all they own. priority when recorded |
Income tax liens | placed by IRS or AZ gov't for nonpayment of taxes |
Voluntary lien | placed BY owner and considered specific liens |
Types of voluntary specific liens | mortgages truest deeds land contracts |
Easement | right to use another's property for specific purpose |
Types of easements | appurtenant in gross personal necessity prescriptive |
appurtenant | right across property for benefit of Adjacent property |
Gross | 3rd party access (utility company) |
Personal | licensee was given to individual by property owner. Can be revoked at any time and not permanent |
Necessity | landlocked parcel ingress/egress |
Prescriptive | created by adverse possession |
Adverse possession | property taken in N Notorious O Open C Continuous H Hostile manner AZ=10 years person claiming interest bears burden of proof |
Termination of easements | merger holder of easement buys property quit claim deed deed used to clear title defects quiet title action court action to remove cloud on title |
Encroachment | structure that trespasses onto another's property |