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RE Encumbrances
| Question | Answer |
|---|---|
| anything which diminishes a person's rights of ownership | Encumbrance |
| encumbrance does not represent ownership of another party's property. It only grants the right to ? | use a certain property in a certain way, or the right to attach a monetary claim against it. |
| 4 Involuntary Encumbrances | 1 POLICE POWERS 2EMINENT DOMAIN 3 ESCHEAT: 4 Taxes |
| 13 types of Zoning | directive zoning: i b. protective zoning: . c. nonconforming use: d. variance: e. conditional use permit: f. downzoning: g. buffer zones: h. spot zoning: |
| is concerned primarily with the function of land. Directive zoning is used to promote the highest and best use of the land. | directive zoning: |
| regulates the size and placement of buildings on their lots, population density, and overall use of space., distance from streets and sidewalks that buildings can be erected, number of units in a condominium building/parking space | protective zoning: |
| A building which was built before a zoning ordinance was enacted may not conform to current zoning regulations. This is often allowed to continue until the building is torn down, or the current use of the building is changed. | nonconforming use: |
| Property owners who believe that their interests have been unfairly limited by zoning regulations may present their grievances to the Zoning Review Board. The owner may appeal for a variance, | variance: |
| a permit which exempts the owner from a particular zoning ordinance. | variance, |
| This type of exemption allows the nonconforming use of a property if this use benefits the general public. . This is also called a zoning exception. | conditional use permit: |
| A change in zoning from a high density use to a lower density use, for example, from residential to agricultural. | downzoning: |
| Buffer zones are created for the purpose of separating one land use from another. | buffer zones: |
| Zoning in which certain portions of a district are set aside for uses other than those for which the district itself is zoned. | spot zoning: |
| Building codes are enacted to specify the standards for construction of new buildings and alteration or repairing of old ones. | building codes: |
| A developer of a subdivision must submit a subdivision plan, or plat of survey, showing the proposed location of lots, sewers, roads, utilities, schools, and other public facilities. The plan must comply with zoning ordinances | subdivision regulations: |
| The government's responsibility to protect and promote the health, safety and welfare of the public extends to the protection of the environment itself. l. | environmental protection laws: |
| The National Environmental Policy Act of ? was enacted to preserve America's natural resources. Projects authorized or supported by the government in any way must file an ? to become eligible for federal assistance. The act also established the ? | 1970; environmental impact statement ;Environmental Protection Agency which has enacted laws to control air quality, water pollution, noise control, and coastal management. |
| are codes imposed for the protection of the health and safety of the public. | health and safety codes: |
| are government imposed restrictions on the amount of rent an owner can charge. These have been used during war time or to protect against inflation. | rent controls: |
| 2 Police Powers | Zoning Regulations Master Plan |
| In Louisiana, the term for condemnation is? | expropriation. |
| 2 ways to tax | ad valorem taxes and special assessments |
| ? attaches to all of a person's property, real and personal | general lien |
| ? lien attaches only to the property explicitly encumbered by the lien | specific |
| In Louisiana assessed value is: ?% of market value for residential property ?% of market value for commercial improvements (not land) ?% of market value for lots | 10;15;10 |
| A property is assessed at 50,000. The tax rate is 100 mills. The tax equals? If property taxes are not paid, the property will eventually be sold at a tax sale. | 100 X 50, or $5,000. |
| In Louisiana, a purchaser of tax sale property will not get title to the property immediately. The taxpayer has a period of ? that extends from a minimum period of ?years to a maximum of ?years past the sale date.) | redemption ;3;5 |
| In Louisiana, a lien is called a | privilege |
| 4 Private Liens | Mortgages: Vendor's lien Vendee's lien Mechaniics lien |
| Pledge as in a mortgagor | hypothecate |
| ? liens are used in connection with the purchase money mortgage. To protect his interest in the property, the seller has the right to place a vendor's lien against the property for the outstanding balance. | Vendors |
| If a buyer has given a seller a deposit for the purchase of real property and the sales contract has been signed and the seller defaults, the buyer has the right to place a vendee's lien on the property to recover the deposit. enforced by foreclosure. | Vendee's Lien: |
| Time limit to submit mechanics lien | 60 Days |
| plaintiff first files a?, a recorded notice of impending litigation against the property. The plaintiff may also be permitted to file an attachment against the defendant's property. The attachment does what? | lis pendens; allows the court to seize the property to assure that the plaintiff will be able to acquire his just portion of the assets if his suit is successful. |
| judgment itself is the court's actual decision. If the court awards a monetary payment, once recorded, the judgment becomes what kind of lien? | a general lien against the defendant's personal and real property. |
| Private parties encumbrances may be effected by deeds or written contracts without lienare called what?. | Such encumbrances are referred to as "covenants, conditions, restrictions, rights of way and recorded easements", (CCR's). A. |
| Types OF CCR | Deed Restriction Easement License Encroachment |
| DEED RESTRICTIONS: are made by the ? and conveyed to the ? by a clause in the deed. | executor of the deed (grantor); party receiving the property (grantee) |
| What are the two types of deed restrictions, | restrictive conditions and restrictive covenants. |
| What is a Restrictive Condition used for and how is it documented? | used to set up determinable, or qualified fee estates and is accompanied by a reverter clause which allows the grantor to take the grantee to court if he fails to uphold the provisions of the restrictive condition. |
| A restrictive covenant is a promise by contract or deed between who? | a private person and a subdivider. |
| restrictive covenant are commonly called ? | subdivision restrictions |
| restrictive covenants are the main method of controlling land uses in what circumstance? | In areas where no zoning exists, |
| grants a designated person or persons the right to use a portion of the land of another for a specific purpose. | easement |
| In Louisiana the term used for easement is | servitude. |
| There are two types of easements, | the easement appurtenant and the easement in gross. |
| In this kind of easement, the rights are vested in the land itself, and not in a person. When ownership of the property is conveyed, the easement transfers with the property automatically, if it has been properly recorded. | Easement Appurtenant: |
| An easement appurtenant , tracts needing access, and one granting access. easement. | ingress; (called and egress) |
| an exterior wall that lies on the boundary line between two lots. Each owner owns half the wall and each has an appurtenant easement in the other half of the wall. | Party Wall Easement |
| A ? is necessary to create a party wall easement. | written agreement |
| A party driveway is another example of this type of easement. | party wall easement. |
| In Louisiana, an easement appurtenant is called a . | predial servitude |
| There are three types of predial servitudes: | natural servitude for - example, drainage 2. legal servitude for - example, levees 3. conventional servitude for - example, right of way.) |
| : An easement ithat requires only one tract of land. It is granted to an individual or corporation, neither of which need be a landowner. | Easement in Gross |
| Most commonly, such easements are granted for installation of utilities on a property, that is, electrical lines, water lines, or for railroad tracks or pipelines. | Easement in Gross |
| On the other hand, an easement in gross held by a private person usually terminates when | upon the person's death. |
| In Louisiana, an easement in gross is called | a personal servitude. |
| There are three types of personal servitudes, | 1) the right of usufruct the - right to the use and fruits of the property 2) the right of habitation the - right of a person to dwell in the house of another 3) the right of use for example, a license. |
| the unauthorized use or occupation of another's property. | download |
| Encroachments occur most often when | real property trespasses upon real property. Common encroachments include trees, fences, driveways and garages which intrude on neighboring property. |
| If an encroachment is permitted to stand beyond a length of time as set by state law, the encroachment may be allowed to continue as an easement by prescription on the basis of | adverse possession. |
| HOW EASEMENTS ARE CREATED | 1. By mutual agreement: 2. By necessity: 3. By implication 4. By prescription: 5. By condemnation: 6. By reservation |
| HOW EASEMENTS ARE TERMINATED 1. | By merger: 2. By voluntary relinquishment: 3. By prescription: 4. For lack of purpose: 5. By expiration of mutually agreed upon time period |
| An unpaid swimming pool lien placed by the installer would be an example of: a. voluntary general lien b. involuntary general lien c. voluntary specific lien d. involuntary specific lien | d |
| 2. Some examples of involuntary encumbrances include: a. police powers, eminent domain, taxation, mechanic’s liens c. escheat, vendor’s lien, eminent domain, taxation d. property taxes, mortgages, police powers, easements | a |
| 3. The period for redemption of property sold for taxes in Louisiana is a minimum of: a. 1 year b. 2 years c. 3 years d. 5 years | c |
| 4. The purpose of special assessments is to: a. raise revenue for the government b. pay for improvements to a specific segment of the community c. pay for special elections d. provide funding for worthy city projects | b |
| 5. A subordination agreement a. changes the payment schedule for a loan b. delays foreclosure on a property c. removes a lien d. changes the priority of liens | d |
| 6. CCR stands for: a. community cooperative regulations b. co-owner conditions and regulations c. covenants, conditions, and restrictions d. Commission conditions and restrictions | c |
| 7. A vendor’s lien is a: a. specific voluntary lien b. specific involuntary lien c. general voluntary lien d. general involuntary lien | a |
| 8. An easement appurtenant involves a. one tract of land b. two tracts of land c. at least two tracts of land d. one or more tracts of land | c |
| 9. An appurtenant easement that arises when an owner has no access to the street except across his neighbor’s land is called: a. easement by necessity b. easement in gross c. natural servitude d. right of use | a |
| 10. If property value is lost due to downzoning which is true? a. the state must compensate the owner b. the city must compensate the owner c. the owner may sell the property to the state d. there is no compensation to the owner | d |
Created by:
bvennen