Lot & Block Descriptions
Lot and Block Description from a Plot Map - For subdivisions out in the "burbs" we will sometimes use the lot number and the block description for the specified subdivision as the legal description.
Frontage Feet - The sides of a lot that touch the street. The more frontage the property has, the greater the value of the lot is. This is especially true with commercial property.
Federal Lead-Based Paint Hazard Reduction Act
Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.
Effective Date - For owners of more than four residential dwellings, the requirements took effect on September 6, 1996. For owners of one to four residential dwellings, the requirements took effect on December 6, 1996.
Prior laws made it illegal to add lead to all products in 1978. So this 1995 law was aimed at paint that was put in use prior to 1978.
Paint prior to 1978 - The Federal government targeted residential property that was sold or leased and the residential property that was built before 1978. Since lead in paint was outlawed after 1978, it was felt that houses built after 1978 should be exempt.
Purpose - The purpose of the Federal Lead-Based Paint Hazard Reduction Act was to reduce the risk of lead poisoning by requiring disclosure of the potential lead-based paint danger. Residential property built prior to 1978 was labeled "buyer beware."
HUD - The police power was placed in the hands of the Department of Housing and Urban Development. This Federal agency has the power of taking action against those who violate the Act.
Requirements from seller or lessor - This Federal Act placed requirements on the seller and the landlord/lessor regarding the transfer and/or use of residential property built prior to 1978. The Act requires the following of either:
Present Pamphlet - The seller is to provide a buyer or lessee with an EPA lead hazard information pamphlet upon Accepting the buyers offer. This pamphlet explains the problem of lead-based paint. It explains the serious problems that could ensue if lead is present in a person's everyday life.
Copy of the Pamphlet: Click Here
Disclose Presence - To disclose to the buyer or the lessee (tenant) the presence of any "known" lead-based paint or any other known lead hazards. If a report has been drawn, the owner/landlord must provide the lead hazard evaluation report for a buyer and/or tenant.
10-Day Inspection - The seller must allow the buyer a 10-day right of inspection for lead unless they both agreed otherwise. The right to conduct an inspection is guaranteed under the Act.
Leases Accepted - A landlord does not have to allow a 10- day period prior to a lease for inspection. Only the seller of property.
Every Agreement - Every contract for the purchase and sale of any interest in a residential property shall contain a Lead Warning Statement in the agreement for non-exempt property.
Buyer Requirements - The Act requires the lead-based statement to be signed by the purchaser/buyer acknowledging that they:
Read Statement - The buyer has read and understands the Lead Warning Statement.
Received Pamphlet - The buyer received the lead hazard pamphlet.
10-Day Inspection - The buyer was given the required 10-day (unless otherwise agreed to) opportunity to conduct risk assessment or inspection of the property.
Lead Warning Statement - The lead-based warning statement must contain the following words in large type on a separate sheet of paper:
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase."
Real Estate Licensee - If a real estate licensee is contracted on the sale, they are required to ensure that their client complies with this law. The licensee cannot force the client to comply. The licensee must make sure that the client is aware of their responsibilities under this Federal Regulation.
A lot and block legal description:
A) is the easiest and simplest method to describe real property
B) is used in areas of low population
C) never refers to a recorded plot
D) uses street addresses
A plat map is used in which type of legal description?
A) metes and bounds
B) lot and block
C) street and number
D) rectangular survey
A deed limitation on the use of enjoyment of real property is called:
A) an option
C) an easement
D) a license
Any right that goes with the land and can not be separated from it, is classified as:
A) an appurtenance
B) a leasehold estate
C) an estate for years
D) a trespass
The right to use a specific part of another's land for specific purpose is:
B) adverse possession
C) an easement
D) a trespass
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The study of system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.