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30
Apr

Land Use Controls and Regulations Practice Questions

Land Use Controls and Regulations Practice Questions

 

Which of the following is not listed in the "Real Estate Bundle of Rights"?             

1) ENCROACHMENT         

2) RIGHT OF EXCLUSION                 

3) RIGHT TO ENJOY THE LAND      

4) THE RIGHT TO SELL OR GIVE THE LAND TO ANTHER INDIVIDUAL

The real estate bundle of rights is a set of legal rights afforded to the real estate holder. The bundle of rights does not include  encroachment, as encroachment is one owner's property advancing beyond their property line onto another property without permissions or a license.              

What is the act of the government taking private property to be used for that of the public good?              

1) CONDEMNATION

2) EMINENT DOMAIN       

3) ADVERSE POSSESSION                

4) CONDEMNATION       

The act of the government taking private property for the use of the public good is condemnation, the power to perform this act is eminent domain. An example of adverse Possession would be “Squatters Rights”. Adverse Possession is for the process in which an individual can take title to another's real property without any sort of compensation, by holding the property for a specified period of time, even though this may conflict with the true owner rights. Federal, state, and local governments may take private property through their power of eminent domain. Eminent Domain is detailed in the Fifth Amendment to the U.S. Constitution, which requires the government to provide fair compensation to the owner of the private property to be taken      

For one to determine the real property tax on a parcel of land, one must multiply the     

1) ASSESSED VALUE BY THE TAX RATE        

2) THE TAX RATE BY THE APPRAISED RIGHT             

3) THE ASSESSED RATE BY THE APPRAISED RIGHT                 

4) REPLACEMENT COST BY THE TAX RATE              

The fair market value multiplied by the assessment rate equals the assessed value. There are three steps to figure property taxes: Step 1)Take the value X,  assessment level equals assessed value, Step 2)  Assessed value /1000 = actual mills, and Step 3)  Actual mills tax rate of mills equals taxes. The act of the government taking private property for the use of the public good is condemnation, the power to perform this act is eminent domain.    

If a married couple intends to sell their home, owned as a condo unit in a condominium building, who must sign the deed for sale to be valid?       

1) HUSBAND AND WIFE  

2) WIFE                 

3) HUSBAND AND BROKER             

4) WIFE AND BUYER       

Concerning Homestead rights, both the husband and wife will have to sign the deed; the sale will need to be conveyed as a joint deed.  

A city has recently enacted a zoning ordinance not allowing any restaurants in a residential part of town. Mike’s Steakhouse is located in residential part of town. Will Mike’s Steakhouse  be allowed to continue conducting business as usual?          

1) YES, DUE TO BEING GRANDFATHERED IN            

2) NO, BECAUSE THE STEAKHOUSE IS LOCATED IN A RESIDENTIAL PART OF TOWN.                

3) YES, AS LONG AS MIKE'S STEAKHOUSE OBTAINS A LICENSE FROM THE STATE       

4) NO, BECAUSE MIKE'S STEAKHOUSE IS NOT ZONED FROM COOKING       

Mike's Steakhouse will be grandfathered in as a restaurants that was in the area prior to the zoning ordinance being passed; Mike's Steakhouse will be allowed to continue run its business in the residential part of town.                 

When the leaseholder estate can be terminated by either party and cannot be assigned, it is called              

1) TENANCY AT WILL        

2) JOINT TENANCY            

3) SEVERALTY      

4) TENANCY BY THE ENTIRETY    

A tenancy at will can be created by a written agreement and in some states orally or by the actions of the landlord and tenant, such as the landlord or the landlord's agent accepting money from the tenant. Tenancy at will cannot be assigned. Joint Tenancy – A type of ownership between two or more people, all shares are equal and can be bought and sold. If an owner dies, that deceased owners shares will be given to the surviving owners. Many times a married couple will opt to own in Joint Tenancy with the right of survivorship. Tenancy by the Entirety is a type of ownership between husband and wife. The key to tenancy by the entirety, is that once a spouse is deceased, the property can be sold or refinanced, but this would need to be legally agreed upon before a spouse died. If there was no agreement, the surviving spouse would obtain complete ownership.

Emily wants to rebuild her shed to stretch from her backyard to the lot line. City code calls for all side setbacks to be at least 5 feet. What will Emily need to get to legally proceed and be guaranteed that future owners of her property will not have any issues? Apply for a(n)          

1) VARIANCE        

2) LICENSE           

3) EXCEPTION PERMIT     

4) ZONING WAIVER         

A variance will provide the best protection by allowing Emily to permanently obtain permission to deviate from the setback rules.  Land Use Controls and Regulations. What is not a specific lien?  

1) FEDERAL INCOME TAX                

2) MECHANICS LIEN          

3) REAL ESTATE  TAX         

4) MORTGAGE   

A specific lien is a charge against a certain piece of property making it a security for the payment of a debt, therefore federal income tax is not a security for a payment of debt. A mechanics lien is a involuntary specific lien. A mechanics lien is a involuntary specific lien.       

Which of the following is a general lien?

1) JUDGMENT LIEN           

2) CONDO LIEN  

3) MORTGAGE LIEN          

4) EASEMENT LIEN          

A general lien is a lien on all the property owned by a debtor and not just a specific property.

 

What is not a specific lien?          

1) LICENSE           

2) SPECIAL ASSESSMENTS               

3) MECHANICS LIEN          

4) MORTGAGE   

A specific lien is a charge against a certain piece of property making it a security for the payment of a debt, therefore federal income tax is not a security for a payment of debt. A mechanics lien is a involuntary specific lien. A mechanics lien is a involuntary specific lien.       

Which of the following allow local municipal governments zoning authority            

1) POLICE POWER             

2) EMINENT DOMAIN       

3) CONDEMNATION         

4) TAXES             

The power that is granted to all local governments by the Constitution to make and enforce laws is called police power. The act of the government taking private property for the use of the public good is condemnation; the power to perform this act is eminent domain.

 

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