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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 |