Unit 2 Module 3

Aiden wants to build a 5-story office building on a vacant lot zoned for commercial purposes and meets the zoning rules. The property has a deed restriction that does not permit building higher than four stories. Which of the following statements is CORRECT?

• Aiden must obtain a variance from the city to build the 5-story building

• Aiden must have the property rezoned by the city to build the 5-story building

• Aiden would recieve a permit from the city to build the 5-story building

• Aiden can remove the restriction by filing a suit to quiet title with the county court.

Answer explanation

if they are involved in the transcation, it is the responsibility of the owner and an agent to be aware of deed restrictions. The city or county is not responsible for reviewing deed to determine if deed restriction exist. Therefore, the municipality may issue a permit that violates the deed restriction.

In North Carolina, a road maintenance agreement:

• is required for all publically maintained roads

• is required for all privately maintained roads

• is a material fact that must be disclosed to a buyer

• is never required by mortage lenders

As joint tenants, Jane and Kevin own a parcel of property outside of North Carolina. They received preliminary approval for a new subdivision, set up a sales center, and started offering lots for sale. Kevin is involved in a tragic accident and dies. Who owns the development?

• Kevins heirs will own his share of the development, and Jane will retain her share

• Jane will own her share under the laws of intestate succession

• Jane will own the entire property in severalty

• Jane will retain both property shares and continue to own as a joint tenant

Answer explanation

When a property is owned under joint tenancy there, is a right of survivorship, which means the property passes to the other joint tenant. One way to remember this is "you don't pass a joint to your kids."Death does not automatically terminate the joint tenancy, but wh only one owner remains, that one will own in severalty.

The purpose of subdivison regulations is :

• to permit deviations from a master plan created by a city planning commission

• to ensure that a new residential subdivision is appropriately planned and laid out.

• to create uniformity in improvement styles.

• to increase the income tax liability of developers.

In North Carolina, to take property by adverse possession, which of the following is TRUE?

• The property owner must be aware of the change in possession.

• Without color of title, a claim may be made in 20years

• With color of title, a claim may be made in 5 years

• There are special protections from adverse possession when the owner is blind.

Answer explanation

W/o color of title, a party mut wait 20 years to claim ownership of a property through adverse possession. With color of title, the time decreases to 7 years.

Under its right of police power, a city government CAN NOT do which of the following?

• Regulate and enforce building design and construction.

• Restricting building heights

• Restrict use of land without compensation

• Take possession of land without compensation

Answer explanation

The government is permitted to take property for the public good, however, they must pay fair market value to the current owner.

A restrictive covenant limits the use of property and therefore is

• an encumbrance to real property

• a right of the government to dictate what a person can and can't do with his property.

• enforced by a suit to partition

• the right of the government to take property for the public good

Answer explanation

Deed restrictions are encumbrance to real property that restricts its use.

Which of the following may a property owner NOT do to a property that is grandfathered as a non-conforming use?

• sell the property

• add improvements to the property

• continue the non-conforming use

• demise the property.

Answer explanation

A nonconforming use will not be able to expand.

An example of an overlay zone or district is a

• flood plain zone

• single-family zone

• spot zone

• multi-family zone

which of the following would NOT be considered a public limitation on private property rights?

• police power

• property taxation

• restrictive covenamts

• eminenat domain

Answer explanation

Restricive covenants are private use restrictions typically placed on property by a developer when building a subdivison.