Question 1

__________ is the process by which the buyer conducts a thorough investigation of the property and its current and former uses to determine whether there are any problems with respect to environmental law or nuisance.

Accepted Answer

Due diligence is the process of investigating the property before closing the deal to ensure that there are no potential environmental liabilities or nuisances that could impact the value or use of the property. Continuing the nuisance refers to the act of knowingly allowing a nuisance to continue, while nuisance per se and nuisance per fact are legal concepts related to the severity and type of nuisance.

Question 2

A(n)__________ may prevent the landowner from use of the land.

Accepted Answer

A zoning restriction is a regulation that limits the use of land in a particular area. It may prevent the landowner from using the land for certain purposes or may require them to obtain permits or approvals before making changes to the property. Other options may limit or restrict land use, but zoning restrictions are specifically related to zoning regulations.

Question 3

It is probable that a zoning variance would be granted:

Accepted Answer

Zoning variances are often granted when the desired use of the land is in harmony with the general nature of the surrounding areas. This is because the goal of zoning laws is to maintain the aesthetic and functional harmony of each neighborhood, and if a variance request aligns with this goal, it is likely to be granted. While variances can also be granted on the grounds of hardship, it is not a guarantee and does not apply to all requests. Additionally, an outside advertiser building a billboard may not align with the general nature of the surrounding areas and could face opposition from neighboring property owners, leading to a denial of the variance request.

Question 4

The Jarvis family owned its land for more than 150 years.The Jarvis family traditionally farmed the land and for that purpose maintained farm animals.As years passed,most of the surrounding farms were sold by the owners and the area turned out to be a close-in suburb of a major city.A zoning ordinance was passed that prohibited maintaining a barn or farmyard animals on the land.The Jarvis family was advised that they were unaffected by this ordinance because theirs would be considered a nonconforming use.The members of the Jarvis family lost interest in farming and sold off all their animals.Seven (7)years later,a family member desired to raise a few pigs on the property.Angry neighbors asserted that the family has lost the right to do so.What is your opinion?

Accepted Answer

The answer of The Jarvis family owned its land for...

Question 5

When a __________ is adopted,any existing property used for a purpose that does not conform to the zoning ordinance __________.

Accepted Answer

When a zoning ordinance is adopted, properties that were in use before the ordinance and do not conform to the new regulations are typically allowed to continue being used in the same manner. This is known as "grandfathering" in the nonconforming use.

Question 6

When the use of land is in conflict with a zoning ordinance at the time the ordinance goes into effect,such use is described as a(n)__________.

Accepted Answer

A nonconforming use refers to a property use that was legally established prior to the adoption of a zoning ordinance but no longer complies with the current regulations. The use is allowed to continue, but may be subject to certain restrictions or limitations. A restrictive covenant is a private agreement between property owners that restricts the use or development of land. A variance is a permission granted by a zoning board to violate certain provisions of a zoning ordinance. A private nuisance is a disturbance or interference with someone's use and enjoyment of their property.

Question 7

A criminal nuisance may be terminated by:

Accepted Answer

A criminal nuisance may be terminated by either abatement or closure by government authority. Abatement refers to the physical removal or elimination of the nuisance, while closure by government authority involves the government taking legal action to stop the nuisance from continuing. Therefore, both options are available for terminating a criminal nuisance. Option D is incorrect because criminal remedies for nuisance do exist.

Question 8

Peter has been subjected to an unreasonable amount of noise from his neighbor,who constantly plays his stereo at full volume.Peter is angry about his neighbor,but he is even angrier about the excessive pollution being emitted by a local factory that burns old tires in direct violation of a state statute prohibiting such conduct.Do the acts of Peter's neighbor and the factory constitute nuisances? If they do,give Peter assistance on any possible courses of action to eliminate the problems.

Accepted Answer

The answer of Peter has been subjected to an unreasonable...

Question 9

Valid restrictive covenants will bind future owners of the land if:

Accepted Answer

Restrictive covenants must be included as a notation in the deed and passed down to future owners in order to bind them. Publication in the Federal Register or a newspaper of general circulation, or filing with the attorney general, do not have any legal effect on future owners.

Question 10

Megan owns a manufacturing business in a nonattainment area under federal air pollution law.She wishes to triple the size of the manufacturing operation using land she just purchased next to her current location.What must Megan demonstrate in order to secure a permit to operate in the nonattainment area?

Accepted Answer

The answer of Megan owns a manufacturing business in a...

Question 11

Real estate developers often place __________ on subdivisions that obligate the buyers to honor limitations in their use of their property,the nature of buildings that will be maintained or constructed on the land.

Accepted Answer

Restrictive covenants are agreements placed on subdivisions by real estate developers that limit the use of the properties by the buyers. These covenants can dictate the type of buildings that can be constructed or maintained, as well as other limitations on the use of the land. Nonconforming use restrictions and zoning restrictions are related to local government regulations on land use, while variance covenants refer to exceptions to these regulations.

Question 12

With regard to the law concerning nuisance: ______.

Accepted Answer

The law concerning nuisance recognizes that socially desirable conduct may outweigh harm to a particular plaintiff. The courts will balance the protection of the plaintiff against the social utility of the activity in determining whether a nuisance has occurred. The fact that the plaintiff suffered annoyance or inconvenience is not enough to establish a nuisance, as the defendant's conduct must also be unreasonable and substantial. Legal remedies are available for both public and private nuisances.

Question 13

Which of the following statements is correct concerning restrictive covenants?

Accepted Answer

Restrictive covenants are agreements between property owners that impose some limitations on the use of the property. These limitations can include restrictions on the type of buildings that can be built, the number of units that can be developed on a parcel, or the use of the property for specific purposes. While restrictive covenants can be enforced through legal action, they are generally only valid if they are reasonable and do not violate public policy. Restrictive covenants may also be superseded by conflicting statutes or regulations, depending on the specifics of the situation. However, if any uncertainty arises regarding the interpretation of a restrictive covenant, it will generally be resolved in favor of the limited use of the land.

Quiz 49: Environmental Law and Land Use Controls