Chapter 9 Section 3

Question 1

P.E.T.E

Answer 1

-Police power
-Eminent Domain
-Taxation
-Escheat

Question 2

Police Power

Answer 2

-allows the government to restrict the use of land to protect the health, safety, and welfare of the citizens

Question 3

zoning

Answer 3

-an exercise of police power that is designed to prevent an undesirable use from infringing on and negatively affecting adjoining property

Question 4

building codes and health codes

Answer 4

-other examples of police power

Question 5

eminent domain

Answer 5

-allows local, state, or federal government, railroads, public utilities, and public housing authorities to obtain ownership to private property, this is called taking
-the taking must be for a public use, such as to build highways, schools, railroads, or public projects
-owner must be paid a just compensation for the property

Question 6

condemnation proceeding

Answer 6

-if the parties (in eminent domain) cannot reach agreement through negotiation, the condemning authority will implement a legal proceeding to exercise its right to acquire the property

Question 7

taxation

Answer 7

-taxation is the power that allows the government to levy taxes on private property
-if the owner does not pay the property taxes when they are due, the unpaid tax lien may be foreclosed in court

Question 8

escheat

Answer 8

-allows the state to acquire ownership of property when an owner dies intestate and no lawful heirs can be located

Question 9

private limitations

Answer 9

-restrictions placed by an owner that affect the use of the property by subsequent owners
-these may include easements, leases, party wall agreements (where two or more owners share a common wall), or covenants between owners that extend to future owners

Question 10

deed restrictions (restrictive covenants)

Answer 10

-one of the most common forms of private limitation is deed restrictions
-deed restrictions are most often placed against several properties at the same time by a developer or builder
-they may limit virtually anything that is not against the law such as height, color, architectural style, fencing, and even landscaping
-developer usually records these restrictions in the public records

Question 11

easements

Answer 11

-a limited right given to the easement holder to use a portion of another party’s property for a specific purpose
-easements are encumbrances that affect both a property owner’s rights to use and potentially the value of the property

Question 12

easement
appurtenant

Question 13

easement in gross

Answer 13

-involves right of access by one party onto a parcel of real estate owned by another party

Question 14

easement by prescription

Answer 14

-created in Florida by 20 years or more of continuous and uninterrupted use of a portion of another person’s property
-a pathway across private property to a beach or similar uninterrupted use for the statutory period of 20 years or more creates this easement
-once established and confirmed by a court, this becomes public right of access

Question 15

license to use

Answer 15

-not an interest in the land
-it is a temporary, revocable right to use another’s property

Question 16

encroachment

Answer 16

-an unauthorized physical intrusion onto property owned by another such as a fence built over the property line
-legal action in court can be brought to have an encroachment removed
-the existence of an encroachment can only be determined by a current, up to date survey