Question 1

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 2

When a __________ is adopted, any existing property used for a purpose that does not conform to the zoning ordinance __________.
A) spot zoning use, must be demolished.
B) variance, must no longer be used for a nonconforming use or purpose.
C) nonconforming use, may be used for any use that does not conform to the zoning regulation.
D) zoning ordinance, may continue to be used for the same nonconforming use.

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 3

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 4

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.
A) nonconforming use restrictions.
B) zoning restrictions.
C) restrictive covenants.
D) variance covenants.

Accepted Answer

The term "restrictive covenants" refers to contractual agreements between the developer and property owners that regulate how the property can be used or developed. These covenants limit the way a property can be used, the type and size of buildings that can be constructed, the appearance, and maintenance of the property. These agreements are typically recorded with the deed and are binding on all subsequent owners of the property. Nonconforming use restrictions and zoning restrictions are regulatory measures enacted by governments to control land use. A variance covenant is a type of agreement that allows a property owner to deviate from certain zoning or land use regulations.

Question 5

__________ 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.
A) Continuing the nuisance.
B) Due diligence.
C) Nuisance per se.
D) Nuisance per fact.

Accepted Answer

Due diligence is the process of investigating and verifying the information presented by the seller to ensure that the buyer understands the risks associated with the property, such as environmental liabilities or zoning restrictions. Continuing the nuisance refers to the situation where a person allows a harmful condition to persist, while nuisance per se and nuisance per fact are legal concepts that refer to certain types of activities or conditions that are inherently harmful or potentially harmful to others.

Question 6

It is probable that a zoning variance would be granted:
A) even though many of the neighboring property owners object.
B) on the grounds of hardship, regardless of who created the hardship.
C) to an outside advertiser to build a billboard.
D) when the desired use of the land is in harmony with the general nature of the surrounding areas.

Accepted Answer

Zoning variances are more likely to be granted when the desired use of the land is not significantly different from the general character of the surrounding areas. This ensures that the variance will not be a major deviation from the existing zoning regulations and will maintain some degree of consistency within the community. Conversely, if the proposed use is vastly different from the surrounding area, it's less likely that a zoning variance will be approved.

Question 7

With regard to the law concerning nuisance: ______.
A) the law recognizes legal remedies for a public, but not private, nuisance.
B) the courts do not balance the protection of the plaintiff against the social utility of the activity.
C) the fact that the plaintiff suffered annoyance or inconvenience is sufficient to establish a nuisance.
D) a finding that conduct is socially desirable may outweigh harm to a particular plaintiff.

Accepted Answer

The law concerning nuisance recognizes that conduct that is socially desirable may outweigh harm to a particular plaintiff, and courts do balance the protection of the plaintiff against the social utility of the activity. The fact that the plaintiff suffered annoyance or inconvenience is not always sufficient to establish a nuisance, and the law recognizes legal remedies for both public and private nuisances.

Question 8

Valid restrictive covenants will bind future owners of the land if:
A) they are published in the Federal Register.
B) there is a notation in the deed referencing the restrictive covenants.
C) they are published in a newspaper of general circulation.
D) they are filed with the attorney general of the state in which the land is located.

Accepted Answer

Restrictive covenants are generally created by the original owner of the land and set out in the deed. As such, they will be binding on future owners of the land if there is a notation in the deed referencing the restrictive covenants. The other options - publishing in the Federal Register, in a newspaper of general circulation, or filing with the attorney general - are not common or necessary methods for creating, enforcing, or binding restrictive covenants on subsequent owners of the land.

Question 9

A criminal nuisance may be terminated by:
A) abatement.
B) closure by government authority.
C) abatement or closure by government authority.
D) none of these, since the law only recognizes civil (not criminal) remedies for nuisance.

Accepted Answer

A criminal nuisance can be terminated through abatement or closure by government authority. Abatement refers to the act of ending or eliminating the nuisance, while closure by government authority means shutting down the premises that are causing the nuisance. These actions are carried out to protect public health and safety and to prevent further harm to individuals or property.

Question 10

Which of the following statements is correct concerning restrictive covenants?
A) Restrictive covenants that have not been enforced or observed are nevertheless valid and enforceable.
B) Restrictive covenants take precedence over conflicting statutes.
C) Restrictive covenants generally impose some limitations on the landowner's use of the property.
D) If any uncertainty exists in the interpretation of a restrictive covenant, the covenant will be interpreted liberally in favor of the limited use of the land.

Accepted Answer

Restrictive covenants are agreements between property owners that limit the use of the property in some way. Therefore, it is correct to say that restrictive covenants generally impose some limitations on the landowner's use of the property. Choice A is incorrect because if a restrictive covenant has not been enforced or observed, it may be considered abandoned and unenforceable. Choice B is incorrect because restrictive covenants do not take precedence over conflicting statutes or laws. Choice D is incorrect because restrictive covenants are typically interpreted strictly and in favor of the unrestricted use of the land.

Question 11

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 12

A(n) __________ may prevent the landowner from use of the land.
A) eminent domain restriction
B) nonconforming use
C) variance restriction
D) zoning restriction

Accepted Answer

Zoning restrictions can limit the way in which a landowner can use their property, such as prohibiting certain types of business or residential uses in a particular area. This can prevent the landowner from fully utilizing their land in the way they wish. Eminent domain restrictions refer to the government's ability to seize private property for public use, while nonconforming use and variance restrictions relate to certain exceptions or modifications to zoning regulations.

Question 13

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) __________.
A) restrictive covenant.
B) variance.
C) nonconforming use
D) private nuisance

Accepted Answer

Nonconforming use refers to the use of land that was legal at the time it was established but is now in conflict with a newly implemented zoning ordinance. It is allowed to continue, but with limitations and restrictions. Restrictive covenants are private agreements between property owners and do not involve zoning regulations. A variance is a request for an exception to a zoning regulation. A private nuisance relates to the use of property that interferes with the enjoyment of another's property.

Quiz 49: Environmental Law and Land Use Controls

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

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.

__________ 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.

It is probable that a zoning variance would be granted:

With regard to the law concerning nuisance: ______.

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

A criminal nuisance may be terminated by:

Which of the following statements is correct concerning restrictive covenants?

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

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) __________.