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.
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.
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.
Directly contiguous properties, sharing at least one common boundary.
An apartment within a single-family dwelling.
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 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
among landowners in a particular zone.
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
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)
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
the right of the state to take private property for public use
the property that reverts to the state
A special home where people with disorders or disabilities (or the elderly) live and are taught self-help, living, and working skills.
.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
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
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.)
state power to enact laws promoting health, safety, and morals
a limitation on real property use, impose by the owner, a promise to do or not to do an act relating to real property.
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
…, When a particular property or group of properties is rezoned to permit a use different form the neighboring properties use.
…, 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
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
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
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
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
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.
Standards for construction and safety of buildings
sometimes called a building shell, the building envelope refers to the exterior eleme4nts – walls, windows, floor, roof, etc – which enclose the interior
Performed by local government inspectors before a certificate of occupancy is issued to assure that the structure satisfies code requirements
switch that automatically interrupts or shuts off an electric circuit at the first indication of overload
Flat, rectangular, reinforced concrete structural member; especially used for floors, roofs, pads, etc
.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
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)
steel support columns filled with concrete
the rate at which water moves through soil
a roof’s vertical rise in inches, divided by its horizontal span in feet
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
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
bottom piece of a frame horizontally anchored to the foundation providing a nailing surface for the floor or wall system
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
an odorless very poisonous gas that is a product of incomplete combustion of carbon
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.
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.
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
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.
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