Property Ownership and Land Use Controls

Property Ownership

Adverse Possession

• Legal doctrine allowing acquisition of ownership by openly using another's property without permission.
• Requires open, continuous, and notorious possession for a statutory period.

Affixing

• Process of converting personal property into real property by attaching it to real estate.

Conveyance

• Transfer and assignment of property rights or interests from one entity to another.

Emblements

• Crops grown by tenants considered personal property.
• Can be harvested after tenancy ends.

Eminent Domain

• Government's right to seize private property for public use with just compensation.

Encroachment

• Occurs when a structure extends beyond its legal boundary into a neighboring property.

Encumbrance

• Claim against a property affecting its transferability or use (e.g., liens, easements, mortgages).

Fixture

• Object attached to real property; becomes part of the property.

General Lien

• Legal claim against a debtor's property allowing seizure to satisfy debts.

Improvements

• Additions or structures increasing property value.

Interest

• Legal claim or right giving privileges associated with property ownership, use, or control.

License

• Limited, revocable permission to use property for a specific purpose.

Lien

• Creditor's claim against property due to unpaid debt.

Life Estate

• Property ownership interest held for the duration of an individual's life.

Littoral Rights

• Water rights for properties bordering static water bodies (lakes, oceans).

Proprietary Lease

• Lease in a cooperative apartment granting the right to occupy a specific unit.

Riparian Rights

• Water rights for properties bordering flowing water (rivers, streams).

Severance

• Process of converting real property into personal property by removing it from real estate.

Specific Lien

• Claim on a particular property as collateral for a specific debt.

Township

• Geographic area in the rectangular survey system, 6 square miles, containing 36 sections.

Trade Fixture

• Equipment attached for business purposes, removable by tenant when vacating.

Land Use Controls

CC&Rs (Covenants, Conditions, and Restrictions)

• Rules for residential communities, enforced by homeowner associations (HOAs).

Certificate of Occupancy (CO)

• Document certifying building compliance with codes and safe for occupancy.

Condemnation

• Legal process of taking private property for public use via eminent domain.

Deed Restriction

• Provision limiting property use.

Eminent Domain

• Government's right to acquire property for public use with just compensation.

Escheat

• Process where property reverts to government if owner dies intestate without heirs.

Intestate

• Dying without a valid will or specific asset distribution instructions.

Master Plan

• Long-term plan outlining land use, zoning, infrastructure for a region.

Non-conforming Use

• Property use differing from current zoning due to changes in zoning law.

Planned Unit Development (PUD)

• Mixed-use real estate combining residential, commercial, and recreation spaces.

Police Power

• Government authority to regulate land use for public health, safety, welfare.

Snob Zoning

• Exclusionary zoning limiting certain housing types (e.g., affordable, multi-family).

Special Assessment

• Government-imposed charge on property owners for funding public projects.

Tax Basis

• Assessed value for property tax calculation.

Variance

• Zoning exception allowing deviation from ordinance requirements.

Zoning Ordinance

• Local law dividing areas into zones with specific land use regulations.

Zoning Variance

• Legal permission to deviate from standard zoning regulations due to hardship.