Which of the following items would usually not be shown on the plat map for a new subdivision?
Which of the following items would usually NOT be shown on the plat for a new subdivision? The answer is PRICES OF RESIDENTIAL AND COMMERCIAL LOTS. Prices are not a matter of public record and are subject to constant change. They do not belong on the recorded plat of subdivision.
What is restrictive covenant in real estate?
A restrictive covenant creates a deed restricted community. It is an agreement that states what a homeowner can or cannot do with their house or land. They are binding legal obligations which sellers write into the deed or contract of the property, and they can have penalties against buyers who fail to follow them.
When zoning and covenants are in conflict which takes precedence?
When zoning and covenants are in conflict, which takes precedence? The more restrictive of the two. Covenants or restrictions such as these usually relate to building type, use to which the land may be put, type of construction, height, setbacks, and square footage, and possibly cost.
Which of the following is a private restriction on the use of land?
Private restrictions run with the land and are binding on all subsequent owners. Private restrictions are also called deed restrictions or restrictive covenants. These subdivision restrictions are also called CC&Rs, which stands for covenants, conditions, and restrictions.
How can private restrictions be terminated?
If the character of a neighborhood changes drastically over time, that may terminate certain kinds of private restrictions. A property owner herself in violation of a private restriction, cannot sue her neighbor for violating the same restriction.
Which method of legal description is the earliest?
system of legal description is the oldest type. It relies on a property’s physical features to determine the boundaries and measurements of the parcel. A description is usually based upon a survey and starts at a designated place on the parcel, called the Point of Beginning (POB).
Metes and Bounds Legal Description
There are five types of legal descriptions that have been developed to achieve greater accuracy and precision in identifying land and land rights: 1) the United States Public Land Survey System (USPLSS), sometimes referred to as the “rectangular” or “quadrangular” survey system; 2) descriptions referring to recorded …
What is another name for the lot and block survey method?
Also known as the recorded plat survey system or recorded map survey system. A method used to describe and identify the location of a parcel of land.
What method of legal description uses base lines and meridians?
The government survey system began in 1785, and is a system that uses two perpendicular lines: a baseline and principal meridian. This system, also called the geodetic or rectangular survey system, is used in many areas of the United States, most commonly in the west.
What is the best method to legally define a property?
Legal descriptions of real estate must always identify the county and state the property is located in. The most common methods used to create legal descriptions are rectangular survey, metes and bounds, and the lot and block systems.
Which of the following is the most frequently used form of legal description in residential property?
subdivision plat lot
What is a datum in a legal description?
What is a datum in a legal description? A code indicating the date and time that a survey is recorded. An area measurement included in a plat survey.
What is an accepted method of legal description?
The three accepted methods of legally describing parcels of real estate are: > metes and bounds. > rectangular survey system, or government survey method.
What does a Habendum clause do?
A habendum clause is a section of a contract that deals with property rights, interests, and other aspects of ownership given to one of the parties to a deal. Consisting of basic legal language, it is usually included in property-related documents.
The three methods used to legally describe land are: a. recorded plat, us government survey, and street address. If there is a discrepancy between an original survey and a new survey or between a survey and the legal description which party must pay the cost of the survey and the cost to remedy the discrepancy?
When you write a legal description, you can start with the Township and Range or you can start with the section description. Which ever way you start, when you are writing the description of the section, always start with the smallest piece of land first and graduating to the largest piece.
Which is not a test to determine whether personal property is a fixture?
Personal property that is permanently affixed to real property is called: ***Cost, size, and time installed are NOT tests in determine if something is a fixture (real property).
What test does the court use to determine if an item is a fixture?
There are three tests that courts use to determine whether a particular object has become a fixture and thus has become real property: annexation, adaptation, and intention. Disputes over fixtures often arise in the transfer of real property and in landlord-tenant relations.
What are the five tests of a fixture?
Every state has its own guidelines for what is considered a fixture, and you should consult your real estate agent if you are unsure. Method of attachment, adaptability, intention, the relationship between the parties, and any agreements help determine if something is a fixture.
What is considered a permanent fixture?
Permanent Fixture means a structure, ornament, or equipment that is anchored to the ground structurally or which is plumbed for water circulation. Examples of permanent fixtures include elevators and wheelchair lifts.
What is another name for the lot and block survey method quizlet?
the metes-and-bounds method. the recorded plat method. The answer is the recorded plat method. This system uses lot and block numbers referred to in a plat map filed in the public records of the county where the land is located.
How do you read a property description?
The more common method used in land surveys and property descriptions uses quadrants. The quadrants are northeast, southeast, southwest and northwest. For an example of N25°E, face north, then turn 25 degrees to the east and go that direction. If your bearing is S40°W, face south and turn 40 degrees to the west.
What is the difference between Lot and Block?
The lot-and-block system refers to specific parcels of land by their lot number or letter and the block, or subdivision plat, in which the lot is located. The block itself is located by using either the metes and bounds system or the rectangular survey system.
A lot and block legal description is created by filing a subdivision survey in the land records. This survey is called a plat and creates the subdivision name (e.g. Minneapolis Addition).
Which type of legal description do courts prefer? Courts prefer the lot and block system for providing a description of a property.
What are the two types of legal descriptions?
There are two primary types of legal descriptions: Lot and block descriptions, which are most often associated with subdivisions; and metes and bounds descriptions, which are used for non-subdivision property. Some legal descriptions contain both lot and block and metes and bounds descriptions.
What is used as a starting point for creating a legal description?
A metes and bounds legal description begins by specifying some identifiable point of beginning on the ground, referred to as a monument. This starting point may be a natural monument, like a tree, or an artificial monument, like a road or a stake placed by a surveyor.
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