Adaptation

specific to individual property (ie house keys)

** adapts to individual property

land:

- surface rights

- sub-surface rights

- air rights

metes and bounds

metes= feet/inches/compass degrees

bounds = shape or boundaries

Point of begining

clockwise

nonconforming use

allows owner to continue present use that no longer complies with zoning

** may not enlarge or rebuild if destroyed

plat

- lot block subdivision system

- plat = map showing location and boudaries

** most used in urban areas

real estate

includes land plus appurtenances that benefit the land:

- improvements

- rights and privileges

- fixtures

section

- Section 16 reserved as school

- 1/2 a section = 320 acres

township

formed by the meeting of ranges and tiers

6 miles x 6 miles

each contains 36 sections

trade fixture:

installed necessary part of business

** may remove at lease termination

** if not they become property of land lord

water rights

- govt controlled and will grant permits for beneficial use of water

zoning amendment

zoning change for an entire area

- could cause non conforming use

air rights

- Government controled

- Owners may not interfere

attachment:

intent evidence

1. permanence of method

-- built-in = fixture

-- free standing = personal property

conditional use permit

type of variance allowing for certain use (church, school)

fixture

an object that was once personal property, which has been attached to an improvement so as to become real estate

improvements:

items affixed to the land with the intent of being permanent

i.e. house, fence

mineral rights

may be transfered when property is sold

personal property

- all property that is not real property

- transfered by bill of sale

range

vertical row of townships (north-south)

rectangular survey system

 - ranges & tiers

townships, sections

township tier

horizontal row of townships

two types of property

1. real property (land and affixtures)/ not liquid

2. personal property (anything attached)

5 types of rights and interests in the land

1. air rights

2. water rights

3. mineral rights

4. oil and gas rights

5. support rights

Tests for distinguishing fixtures from personal property

1. method of attachment

2. adaptation of the itme to the realty

3. relationship of the parties

4. provisions in a written agreement

economic characteristics that help determine land value

1. scarcity

2. improvements

4. permanence of investment

5. area preference

2 things that can be used to establish and find property boundaries

1. ILC (Improvement Location Certificate)

2. A Survey

3 major types of legal descriptions of land:

1. metes and bounds

2. recorded plat

3. rectangular survey

purpose of land use controls

to alleviate problems caused by haphazard, unplanned growth of urban areas, and to promote more rational development in the future.

Buffer Zone

separates areas with incompatible uses

building codes

protect the public health and safety

certificate of occupancy

issued once building complies with codes

nonconforming use

use that was already legally in place when a new zoning ordinance came into effect, but does not comply with the requirement s of the new law.

** cannot be rebuilt if destroyed

variance

permission to build a structure or use property in way that would not otherwise be allowed.

** usually granted if zoning would otherwise cause hardship

conditional use permit

for uses that would ordinarily not be allowed

doctrine of prior appropriation

- govt granted water rights:

1. riparian (r=river, flowing)

2. littoral (l=lake still)

chattel

personal property

test for intent

was the object affixed or installed with the apparent intent of improving the land

intent evidence (3 A's)

1. Attachment

2. Adaptation

3. Agreement

emblements

crops

physical characteristics that help determine land value

- immobile

- indestructinle

- unique

1 acre=

43,560 Sq feet

5 land use classifications

1. Residential

2. Commercial

3. Industrial/Manufacturing

4. Agricultural

5. Mixed