Real Estate
Principles and Practices
Chapter 4
Land Use Controls
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Key Terms
Assemblage
Buffer zone
Building codes
Cluster lots
Covenants
Deed restrictions
Dominant tenant
Down zoning
Easement
Easement appurtenant
Easement in gross
Encroachment
Homogeneous
Interstate Land Sales
Full Disclosure Act
License
Master plan
Nonconforming use
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Key Terms
Planned unit
development
(PUD)
Plat
Police power
Servient tenant
Setback
Spot zoning
Variance
Zero lot lines
Zoning
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Overview
Government’s
right to exercise
control over the
use of land
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Federal Controls on Land Use
Land set aside for park area
Federal laws covering disposition of real
estate
Interstate Land Sales Full Disclosure
Act
Real Estate settlement Procedures
Act (RESPA)
Assumable Mortgages
Civil Rights Act of 1968
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State and Local Controls on
Land Use
Police power: power of
government to regulate land
use
Master plan: zoning laws,
building codes and
subdivision regulations
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State and Local Controls on
Land Use
Master plan
Considers physical,
economic, and social
conditions
Guide for growth
Homogeneous: compatible
uses result in stable values
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Zoning
R-1 through R-7
R-1: most restrictive
requires large lots
Minimum square
footage
Minimum lot width
Minimum front, side,
and rear setbacks
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Zoning
O-1: office use
C-1:neighborhood
business
C-2: community
business
C-3: general business
C-4: central business
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Changes in Zoning
Special use permits: allow conversion
of property to another use
Conditional use permit: use beneficial
to the public
Exclusionary zoning: large lots
excludes those who cannot afford the
land cost
Inclusionary zoning: requires lower
income properties
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Changes in Zoning
Moratorium: halts
construction
Zoning freeze
Amendment: Allows a
zoning change
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Changes in Zoning
Use is in violation of present
zoning, but was lawful when
begun
“Grandfather” – zoning is not
retroactive
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Changes in Zoning
Zoning of isolated properties
inconsistent with existing
regulations
Law does not favor spot
zoning
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Changes in Zoning
An exception to the zoning
ordinance
Use may not be detrimental
to the public
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Changes in Zoning
Property rezoned to a lower
use
New use does not use land to
its highest and best use
Compensation
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Procedure for Rezoning or
Variance
Applicant contacts planning department
Planning department inspects site and
makes recommendations
Hearing announcement placed in the
newspaper
Hearing is held
Public may speak for
and against
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Procedure for Rezoning or
Variance
If approved – ordinance is prepared
City council holds 3 meetings
If approved – zoning becomes effective
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Private Control of Land Use
Deed Restrictions:
determine how a
property may be used
“subject to”
Covenants: regulate
use of property
If violated – may be
suit for loss of value
Nuisance complaint
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Easements
Easement: right-of-way
through the land or another
Right of ingress and egress
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Easements
Creation of an Easement
Created by law, people, use
Must be in writing
2 types
Easement appurtenant
Easement in gross
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Easements
Right to use the adjacent land of another
Two parties are always involved
Two owners
Dominant tenant: acquires benefit or gain
Servient tenant: gives the easement
Encumbrance
Easement right transfers with the sale
Easement by reservation
Reserved or retained right of access
Easement by grant
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Easements
Personal or commercial
No servient and dominant tenant
Cannot be mortgaged or assigned and is not
inheritable
Given for a lifetime
License: revocable, usually not in writing
Commercial easement: utility company or
government agency
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Easements
Easement of necessity: special need
Landlocked
Cannot be rescinded by the owner of the land
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Easements
Profit a prendre: servient tenant
allows dominant to remove
mineral or soils
Easement by prescription:
acquired by long term
continuous use of another’s
property
Party wall easement: two owners
share a common wall
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Easements
Easement by perception is
abandoned
Dominant and servient properties
merge
Dominant tenant releases easement
right
Quiet title suit
Easement is no longer necessary
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Encroachment
Encroachment:
when one owner’s property infringes
onto another’s land.
generally not covered by title insurance
important for purchaser to have a survey
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