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URE-PUBLIC & PRIVATE

TermDefinition
Board of Adjustment Group that hears appeals from land owners desiring special exceptions to the zoning ordinances or variances from the existing zoning laws.
Buffering Zone A strip of land separating one land use from another, used primarily to protect the value of residential property by keeping commercial development from being built too close.
Building codes (Structure) Standards established by individual zoning authorities. They involve almost every aspect of construction.
CC&R's Private restrictions usually created by a Uniform Declaration of Deed.
Condemnation Action Suit filed in court after attempts to purchase property through normal negotiations are unsuccessful.
Dominant Tenement The right of an individual to a specific use of another person's property. The one who holds the easement.
Easement A non-possession, right of use or enjoyment of another's property. It usually involves a physical condition or use.
Easement Appurtenant An easement which runs with the land or the deed, such as a right-of-way.
Easement by Implication The right of this type of easement is created by the act or acts of the individual who will become the servient tenement.
Easement by necessity The requirement to grant an easement appurtenant for ingress and egress to avoid the existence of a land lock.
Easement by prescription When an unauthorized right of use, sometimes called an adverse use, has been assumed and the use has continued for the statutory period, this may be created and the owner will be unable to force the discontinuance of its use.
Easement in gross An easement granted to a specific person or created by a specific need, such as utility easement or written permission for an individual to hunt or fish on private property.
Egress The right of the dominant tenement to leave his property and cross the servient tenement's property in the process.
Eminent Domain The right of the government to acquire private property for the public good.
Encroachment An unauthorized intrusion onto another person's property.
Encumbrance A burden on the title. It includes any claim, right, lien, estate or liability that limits a few simple estate. Anything that removes sticks from an owner's bundle of rights is considered this.
Escheat When an individual dies leaving no will and no heirs, ownership of his property passes to the state.
Ingress The right of the dominant tenement to cross the servient tenement's land to get to his own property. The holder of the easement has a right of entry using this easement.
Injunction A court order requiring a person to do or cease doing a specific action.
Inverse Condemnation Sometimes when the government takes property by eminent domain, the use to which it is put causes damage to neighboring properties. When this is the case, the injured party can sue the government and ask it to "take" their property.
Legal non-conforming use A permitted use of property established at the time of construction, even though the zoning requirements were later changed, since zoning changes are not retroactive.
Merger One of the parties purchases the property of the other party. Since a person cannot have an easement on his own property, the easement is extinguished.
Party wall A partition erected on a property boundary, partly on the land of one owner and partly on the land of another, to provide common support to the structures on both sides of the boundary.
Police Power The right of government to adopt and enforce laws and regulations to promote and support the public health, safety, morals and general welfare.
Servient Tenement The obligation of an individual, created by an easement, to grant a specific use to another in the servient tenement's property.
Special purpose property property that is appropriate for one type of use or limited use. This type of property has unique design or layout, uses special construction materials, or other features that limit the property's utility for purposes other than the one for which it was b
Spot Zoning A provision in a general plan which benefits a single parcel of land by creating a different zone for use for just that parcel that is different from the surrounding properties in the area.
Uniform Declaration of Restrictions CC&R's (covenants, conditions, and restrictions)
Urban Renewal A process of upgrading blighted neighborhoods through clearances and redevelopment, rehabilitation, the installment of new public improvements, or the modernization of existing ones.
Variance Permission to vary from the prevailing zoning regulation for either building or use purposes.
Zoning A right of government to regulate private property for the protection of the public.
Created by: Megan07