David Saks

Real Estate Practice : Lesson 414

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:07:24 -0600

#414

In order to obtain a nonconforming use permit a property owner has to demonstrate to the zoning commission that denial of the use the property currently supports would create a hardship.

Is this true or false ?

Take your time. The soultion is posted below the royalty free wildlife photo.

A. False

A petition for variance is what the owner is seeking and would allow modifications or improvement to a property which is restricted by a zoning ordinance.

Real Estate Practice : Lesson 413

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:06:40 -0600

#413

If the owner of a property believes that their property was unfairly or improperly zoned by their zoning commission the owner should apply for a conditional use permit.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

A conditional use permit is a permit that would permit a special use of a property in a neighborhood where the type of use being applied for would normally be prohibited because of zoning ordinances.

If the owner believes the property was not zoned correctly the owner should petition for an amendment to a zoning ordinance known as a rezone which would change the types of uses allowed by the prevailing zoning ordinance.

Real Estate Practice : Lesson 412

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:06:01 -0600

When new zoning ordinances become law and become effective nonconfroming uses are only allowed a period of 90 days to become compliant with the new ordinances and will not be allowed to continue after that time.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Nonconforming uses, or building uses which were in effect before the new ordinances became effective, are usually allowed to continue in the use for which they were designed .

The use of the building may not be spread out, it may not be taken up again if the building is abandoned and the building may not be rebuilt if it has been destroyed.

Real Estate Practice : Lesson 411

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:05:15 -0600

#411

Land use control laws are created to insure that certain properties remain profitable and make money for the owners.

Is this true or false ?

Take your time time. The solution is posted below the wildlife photo.

A. False

Land use controls may ensure that population density and growth are controlled and that properties remain in a compatible stage with the restrictions.

Profitability is not a concern of land use controls.

Real Estate Practice : Lesson 410

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:04:37 -0600

#410

Particular conditions may arise that require an environmental impact statement to be prepared because of the events demanding it.

This requirement is known as CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The requirement to prepare an environmental impact statement is regulated by NEPA, the National Environmental Protection Act and requires the preparation of an environmental impact statement whenever an action is taken by the federal government, and that action will be considered to have an important consequence or change on the environment.

Real Estate Practice : Lesson 409

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:04:01 -0600

#409

Zoning ordinances may be designed to control the types of religious preferences that are acceptable within the area in consideration.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Zoning ordinances are government regulation of the uses of property within certain areas as defined by the ordinance and are regulations that may deal with the use of the property, the way a building is constructed, and the height of the structure.

Religious preference is not a consideration by governement in creating a zoning ordinance.

Real Estate Practice : Lesson 408

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:03:32 -0600

#408

When a conveyance tax is assessed it's always based on the fair market value of the home.

Is this true or false ?

Take your time. The solution will be posted below the royalty free wildlife photograph.

A. False

When a property is assessed a conveyance tax, levied by the authority of the state, it's always based on the selling price and takes place when title is transferred.

Real Estate Practice : Lesson 407

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:03:00 -0600

#407

When we speak about the police power of a local government we're usually referring to the government's power to create special taxes which will tax all property owners for the purposes of providing a secure police force and the addition of police protection.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Police power of the government allows the government to pass zoning laws and laws which are designed to protect the safety and well-being of it's citizens.

Real Estate Practice : Lesson 406

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:02:28 -0600

#406

When areas of a property are demarcated because their use is deemed unfit with the local ordinaces this is know as creating a setback.

Is this true or false ?

Take your time. The solution is posted below the wildlife phpto.

A. False

When the property area is separated because it's usage is deemed unfit with zoning this process of separation is know as spearation by a "buffer zone".

Real Estate Practice : Lesson 405

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 16 Nov 2009 20:01:56 -0600

#405

A judgement lien will always take a priority over a property tax lien regardless of how much time has passed since the judgement lien was recorded.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Property tax liens will always retain the first order of priority over all other liens.

Property tax liens are specific liens (they attach to specific property) and they're involuntary (the lien is issued by the law and without the consent of the property owner).

Real Estate Practice : Lesson 404

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:46:17 -0600

#404

A type of document, which is recorded, which informs persons interested in buying a property that the property could possibly become liable to a judgement issued against it in a lawsuit. This document is known as a writ of attachment through satisfaction of habendum clause.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

The type of document we're referring to is know as lis pendens.

Lis pendens is latin for "in pending" which is constructive notice given to an interested party that the property may be affected by the outcome of a pending lawsuit.

Habendum Clause is latin for "to have and to hold" which may be included after the granting clause in a deed and will describe the real estate variety.

Real Estate Practice : Lesson 403

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:45:50 -0600

#403

A judge ruled in a pending lawsuit that a lien is to be placed on the defendant's home which will place a hold on the property as security if a judgement is ruled against the homeowner.

The court's action is commonly referred to as a prescription for adverse judgement.

Is this true or false ?

Remember to take your time. The solution is posted below the royalty free wildlife photo.

A. False

The court's ruling is known as an attachment.

An attachment is a lien imposed on the property which will remain in effect while the final result of the lawsuit is being awaited.

Real Estate Practice : Lesson 402

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:45:23 -0600

#402

Andrew has actually constructed an easement over Tanya's property.

If Andrew buys Tanya's property next month the easement will continue to exist.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

When Andrew buys Tanya's property, and the deal is closed and the deed delivered, a merger of the easements has occurred because one person has demonstrated the acquisition of both the servient tenament and the dominant tenanment.

When the dominant and servient tenaments are acquired by one person, the merger of the tenaments will terminate the easement.

Real Estate Practice : Lesson 401

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:44:58 -0600

#401

If a balcony in an apartment structure hangs over a boundary line which was created to delineate the boundary line of the property this would be called an appurtenant easement.

Is this true of false ?

Take your time the solution is poisted below the wildlife photo.

A. False

If the balcony hangs over the boundary line the balcony is an encroachment to the other property.

An appurtenant easement is an easement that is allowed to cross a parcel of land known as the servient tenament.

This creates a benefit for the other parcel of land and is called the dominant tenanment.

Real Estate Practice : Lesson 400

David Saks - Broker (The Real Estate Mart of Tennessee, Inc.) — Mon, 09 Nov 2009 01:44:26 -0600

#400

When we talk about real estate property tax liens we're talking about tax liens that are general, voluntary liens that affect property.

Is this true or false ?

Take your time. The solution is posted below the wildlife photo.

A. False

Property tax liens on real estate are involuntary and specific.

If it's involuntary, the interest in the property is created by law as opposed to voluntary which gives an interest in the property to a creditor voluntarily and by will.

If the lien were a general lien it would attach to all of the debtor's property.

Since it's only real estate we're concerned with, it makes the lien specific, or a lien which will only be enforced against a particular property.