Real Estate Fundamentals - Chapter 2: Real Property Rights & Limitations

Explanation
The explanation for the given correct answer is that police power is indeed a government power that limits the basic rights of a real property owner. Police power allows the government to create and enforce laws that are necessary for the well-being and safety of the general public. This power can be used to regulate various aspects of property ownership, such as zoning regulations, building codes, and health and safety standards. Therefore, the statement "The first government power is known as police power. It is the right of government to make and enforce laws for the good of the general public" is true.

Explanation
The Municipalities Planning Code established Zoning laws to provide controls on the use of real property.

Explanation
Zoning laws are regulations put in place by local governments to control land use and development. One of the purposes of zoning laws is to create buffer zones between different types of properties. These buffer zones can include areas like playgrounds, parks, or green spaces that act as a separation between residential areas and properties with different zoning uses, such as commercial or industrial areas. This helps to maintain the integrity and functionality of residential neighborhoods while preventing potential conflicts or negative impacts from incompatible land uses. Therefore, the statement is true.

Explanation
This exception is known as a Variance.

Explanation
The building is referred to as a Non-Conforming Property.

Explanation
Building codes are indeed standards of construction that are imposed by local governments. These codes are typically determined by national construction standards such as the BOCA (Building Officials Conference of America). These codes ensure that buildings are constructed safely and meet certain standards for structural integrity, fire safety, electrical systems, plumbing, and other aspects of construction. Compliance with building codes is necessary to obtain permits and approvals for construction projects.

Explanation
These codes help to protect the health, safety, and welfare of the public. They control the types of building materials used in construction, the limits of structural stress, fire protection, and electrical, heating, lighting, and plumbing requirements.

Explanation
The explanation for the given correct answer is that a percolation test is indeed required to meet local community requirements for land development. This test helps determine the soil's ability to absorb water, which is crucial for proper drainage. By filling man-made holes with water, the test measures the rate at which the water percolates through the soil. This information is important for determining if the land is suitable for construction or if additional measures need to be taken to ensure proper drainage.

Explanation
The name of the law is the Interstate Land Sales Full Disclosure Act.

Explanation
This power is known as eminent domain.

Explanation
The name of this tax is ad valorem (according to value) tax and varies for real property owners.

Explanation
The term is escheat.

Explanation
If a person dies with a will, it means that they have made a legal document specifying how their property should be distributed after their death. In this case, the property title would be transferred according to the instructions outlined in the will. This process is known as testate, which refers to a person dying with a valid will. Therefore, the statement is true.

Explanation
The law is called the Pennsylvania Intestate . The term INTESTATE means "without a will".

Explanation
A deed restriction is a legally binding limitation on the use of property that is written in a deed. These restrictions can apply for a specified period of time or indefinitely, and they continue to be in effect even after the property is sold. However, it is important to note that certain restrictions, such as those that discriminate against race or religion, are illegal and therefore not valid.

Explanation
Deed restrictions used by builders and developers to preserve property values are called "Restrictive Covenants".

The term "laches" refers to a court doctrine that prevents the enforcment of the "restrictive covenant" as a result of an unreasonable delay.

In the event of a violation of the restrictive covenants is not acted upon within a reasonable period of time, one's rights to enforce the restrctive covenant may be lost through the court doctrine known as laches.

Explanation
The right of government to control the use of water is exercised through the principle of "Prior Appropriation".

Explanation
Riparian rights are a set of legal rights that are granted to landowners whose property is adjacent to a body of water, such as a river, lake, or ocean. These rights typically include the right to access and use the water, as well as the right to enjoy the natural benefits that the water provides. Therefore, the statement that the particular property rights of an owner whose land lies adjacent to water are referred to as "Riparian Rights" is true.

Explanation
Accretion refers to the gradual buildup of soil caused by physical forces of nature, which is the opposite effect of erosion. Therefore, the given statement is true.

Explanation
This is known as avulsion.