Aceable Level 4 | Questions & Answers (100 %Score) Latest Updated 2024/2025 Comprehensive Questions A+ Graded Answers | With Expert Solutions
- Types of Land Use Controls - 1. public land-use controls
- private land-use controls
- public ownership of land
public land use controls - government-issued land-use controls such as zoning ordinances, subdivision regulations, and building codes
private land-use controls - land-use controls that are put into place by non-governmental entities, such as real estate developers — most commonly, these come in the form of deed restrictions
Public ownership of land - the role of government to own and maintain public land such as streets, highways, and parks
restrictive covenant - is a limit on land use that is imposed by a property owner put restrictions on a property's conveyance
can be made by an individual owner as a term of sale or inheritance
created by developers as part of subdividing a parcel of land
conveyance - the instrument that transfers a grantor's interest in real property
runs with the land - means that the restriction stays with the land and not the owner: It applies no matter who owns the property
If the covenant relates to land use
deed restriction - type of restrictive covenant 1 / 2
a provision in a deed that restricts the land use of a property attached to a deed, runs with the land, and applies to all future owners of the property
also known as covenants, conditions, and restrictions, or CC&Rs.
put into place by a developer, and are disclosed to parcel buyers in the sales contract
deed restrictions must: - Not be discriminatory
Promote the general welfare of the public Be consistent Be exercised reasonably Be clear and specific
Typical deed restrictions usually relate to: - Type of building
Acceptable uses for the land Type of construction, height, setbacks, and square footage Cost Aesthetic limitations Prohibited additions
What deed restrictions CANNOT do: - - may NOT, however, violate local, state, or federal laws
- restrictions in violation of fair housing laws, such as restricting the sale of property to people of a
particular religion or race, are not enforceable -
Conditional deed restrictions - are deed restrictions that state that if the property owner violates the restriction, the title will revert to the previous owner
doctrine of laches - a legal principle used to bar dated claims. It's used in conjunction with an unreasonable delay or negligence in asserting or defending one's rights
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