Building Property Real Estate Tenancy

Chapters 1-20 Building Property Real Estate

This chapter is about building property real estate tenancy.

tenancy by the entirety

A special joint tenancy between a lawfully married husband and wife, which places all title to property (real or personal) into the marital unit, with both spouses having an equal undivided interest in the whole property. In essence, each spouse owns the ENTIRE estate.

tenancy in common

A form of ownership where owners have full rights of possession, but each owner can have a different percent of ownership. Upon the death of one, that interest goes to the heirs.

trade fixture

Articles installed by a tenant and removable by the tenant before the lease term expires. if not removed they become the real property of the building owner by accession.

undivided interest

the interest in property owned by tenants whereby each tenants an equal right to enjoy the entire property

unities of possession, interest, time and title

4 unities required to form a joint tenancy whereby all people share equally and simultaneously in these conditions.

abutting property

Directly contiguous properties, sharing at least one common boundary.

accessory apartment

An apartment within a single-family dwelling.

accessory use

An additional apartment, usually small, sometimes allowed in an area zoned for one-family homes, which might be used for elderly grandparents; an accessory use would be something in addition to occupation of a home, possibly a small home business.

area variance

area variance allows a property to be excluded from the physical site requirements under the zoning ordinance. For example, an area variance would allow a property owner to build his or her house with only a 20 foot front setback instead of the required 25 foot setback.

as of right zoning

Prohibits discrimination
among landowners in a particular zone.

census tract

An area delineated by the us bureau of the census for which statistics are published; in urbanized areas, census tracts correspond roughly to neighborhoods

certificate of occupancy

Issued upon the satisfactory inspection of a structure; building is fit for occupancy and there are no building code violations

cluster zoning

A type of zoning that permits a developer to reduce the minimum lot size below the requirements of the zoning ordinance, if the land gained thereby is preserved as permanent, community open space.


(law) the act of condemning (as land forfeited for public use) or judging to be unfit for use (as a food product or an unsafe building)

deed restriction

Clause in deed limiting future use of property; may limit density of buildings, dictate types of structures or even prevent buildings from being used for a specific purpose


The scientific study of population characteristics

doctrine of laches

If you don’t bring claim during correct time could cause you to loose your rights

eminent domain

the right of the state to take private property for public use


the property that reverts to the state

group home

A special home where people with disorders or disabilities (or the elderly) live and are taught self-help, living, and working skills.

incentive zoning

.encourages private developers to provide amenities for public use in exchange for opportunity to build larger or taller structures on a site


the basic support systems needed to keep an economy going, including power, communications, transportation, water, sanitation, and education systems

lead agency

the agency under the state environmental quality review act principally responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if required


suspends the right of property owner to obtain development approval while local legislatures consider, draft, and adopt land use regulations or rules to respond to new or changing circumstances not adequately dealt with by current laws

nys office of parks, recreation, and historic preservation, (oprhp)

oversees public recreation areas and administers federal and state preservation projects

nys uniform fire prevention and building code

sets forth the construction, materials, safety, and sanitary standards for buildings in NY as well as standards for the condition, occupancy, maintenance, rehabilitation, and renewal of existing buildings

nonconforming use

A pre-existing use of land which does not conform to the zoning ordinance but which may legally remain.


a map showing planned or actual features of an area (streets and building lots etc.)

police power

state power to enact laws promoting health, safety, and morals

restrictive covenant

a limitation on real property use, impose by the owner, a promise to do or not to do an act relating to real property.

setback requirements

the amount of distance between the property border and the location of the structure.

special use permit

conditional-use permit; allows a particular property to be used for a special purpose which is in the public interest ex. church or hospital in a residential area

spot zoning

…, When a particular property or group of properties is rezoned to permit a use different form the neighboring properties use.

subdivision regulations

…, Control of how property can be divided; must submit plans, have proposed legal description


the process of locating and measuring the boundaries of a property, and identifying improvements, encroachments, and easements associated with the land


when the government acquires private property for public use by appropriation. The difference between a “taking” and eminent domain is that the property is regulated by a government authority to the economic detriment of the owner, without compensation


the physical characteristics of the contour of a parcel of land

transfer of development rights

the exchange of zoning privileges from areas with low population needs to areas of high population needs

use variance

allows landowners to use their land in a way that is not permitted under current zoning laws. This type of variance is granted only in cases on unnecessary hardship. TO prove unnecessary hardship, owners must establish that the requested variance meets four statutorily prescribed conditions

vacant land

Land or site that is unimproved and that does not have any structures


a form of administrative relief that allows property to be used in a way that does not comply with literal requirements of the zoning ordinance. There are two basic types of variances: use variance and area variances

zoning ordinance

A law that limits the permitted uses of land and maximum density of development in a community


.amount of electricity going through electric wires, measured in amps, a measure of the force that pushes electricity through a wire

balloon construction

An older type or wood frame construction in which the wall studs extend vertically from the basement of a structure to the roof without any fire stops. no longer permitted


part of a house or building partially or entirely below ground level and used to support the rest of the structure


.long thick piece of wood or metal or concrete, etc., used in construction

bearing walls

A wall that supports any vertical load in addition to its own weight (the ceiling)


..a detailed outline or plan for a building

British thermal unit (btu)

.The amount of heat require to change the temperature of one pound of water one degree Fahrenheit at sea level.

building codes

Standards for construction and safety of buildings

building envelope

sometimes called a building shell, the building envelope refers to the exterior eleme4nts – walls, windows, floor, roof, etc – which enclose the interior

building inspection

Performed by local government inspectors before a certificate of occupancy is issued to assure that the structure satisfies code requirements

circuit breaker

switch that automatically interrupts or shuts off an electric circuit at the first indication of overload

concrete slab

Flat, rectangular, reinforced concrete structural member; especially used for floors, roofs, pads, etc

crawl space

.the space between the ground surface and the first floor; frequently found in homes w/o basements that are not built on a slab foundation


gypsum plaster sandwiched between two layers of coarse paper. aka plasterboard, sheetrock, wallboard


lowest sections of the roof, which project beyond the sidewalls


a panel of board facing the outer edge of the soffit


material used to cover joints where two or more types of materials join together for the purpose of preventing water from penetrating the joining (e.g. metal over the seam between a brick chimney and a shingle roof)


the underground base, usually concrete, that supports a foundation

foundation walls

the sidewalls that support a structure, typically made of poured concrete, concrete block, or brick…


a protective device for a wiring system that contains a wire designed to melt and open the circuit when overheating occurs


the main support beam of a structure spanning the foundation walls


in construction, reinforcements made of wood for door and window placement aka lintels


long beams of wood or steel that span the piers of a foundation (floor joists) or the load bearing walls of a roof (ceiling joists)

lally column

steel support columns filled with concrete

percolation rate

the rate at which water moves through soil


a roof’s vertical rise in inches, divided by its horizontal span in feet

platform framing

a type of framing used to build a house or building one store at a time with each story serving as a platform for the next

post and beam framing

a type of framing with the floor for higher stories and the roof supported by beams that sit on top of posts and the outside wall perimeter aka post and beam framing


sloped support beams that follow the pitch of the roof and serve to hold the outer roof covering


a way to measure the insulating value or resistance to heat flow through a material or an object. The more effective the insulation, the higher the r-factor it will have

septic system

Small waste water system used by a single home or business.


protective covering consisting, for example, of a layer of boards applied to the studs and joists of a building to strengthen it and serve as a foundation for a weatherproof exterior


the outer covering for a home’s exterior walls, designed to shed water and protect the home from the elements

sill plate

bottom piece of a frame horizontally anchored to the foundation providing a nailing surface for the floor or wall system

slab-on-grade construction

a concrete foundation but directly on the ground level. a slab on grade house or building does not have a basement


the underside of an arch, beam, or overhang or eaves


the vertical beams that serve to frame the house. drywall and/or siding are attached to studs


Mineral used extensively in insulation; inhaling fibers can cause sever respiratory diseases; particularly dangerous if friable, i.e., easily crumbled

carbon monoxide

an odorless very poisonous gas that is a product of incomplete combustion of carbon

chlorofluorocarbons (cfcs)

Organic compounds made up of atoms of carbon, chlorine, and fluorine. An example is Freon-12 (CCl2F2), used as a refrigerant in refrigerators and air conditioners and in making plastics such as Styrofoam. Gaseous CFCs can deplete the ozone layer when they slowly rise into the stratosphere and their chlorine atoms react with ozone molecules.

due diligence

After a buyer and seller have agreed on a purchase price, the buyer is provided time to verify the information that has been provided by the seller. For example, the buyer will want to verify the magnitude of certain operating expenses, the current rent charged to tenants, the lack of environmental problems, etc. This process of “kicking the tires” before final closing is the due-diligence process.

electromagnetic fields

field of force that is due to the interaction of electric and magnetic forces of charged bodies

environmental impact statement (eis)

a report of results from detailed studies that assess the potential effects on the environment that would likely result from development projects or other actions undertaken by the government.

external environmental hazards

concerns that exist outside the actual property site and negatively affects a property’s value

external obsolescence

Incurable depreciation caused by factors not on the subject ‎property, such as environmental, social, or economic factors. 18:330‎


any of a number of CFCs used as refrigerants


Easily crumbled asbestos releasing it into the air


water stored beneath the Earth’s surface

high-tension power lines

large transmission cables carrying electrical energy

internal environmental hazards

an environmental hazard that occurs within a property


A powerfully addictive drug that stimulates the central nervous system, with speeded-up body functions and associated energy and mood changes; over time, appears to reduce baseline dopamine levels.


a fungus that can release toxins into the environment causing allergic reactions in some people


a toxic substance caused by some molds


interference with the right of quiet enjoyment of property.

radon gas

a naturally occurring radioactive gas that emanates from rocks, soil and water because of the decay of uranium

residential lead-based paint hazard reduction act

requires two disclosures to be given to all prospective purchasers and tenants a lead-based paint disclosure statement must be attached to properties built before 1978 and a lead hazard pamphlet must be given; purchasers must be given 10 days to conduct inspections

sick building syndrome

when the majority of a building’s occupants experience certain symptoms that vary with the amount of time spent in the building.


.opportunistic pathogen that has been found growing on water damaged walls of homes; preliminary reports connect the toxic spores with fatal pulmonary hemorrhage in infants


device which increases or decreases voltage

underground storage tanks (usts)

Commonly found on sites where petroleum ‎products are used or where gas stations and auto repair shops are ‎located. In residential areas, tanks are used to store heating oil. Over ‎time, neglected tanks may leak hazardous substances into the ‎environment. 21:385‎