A house's attached garage was built two feet over the side setback line decades ago and the county has never objected. The appraiser should:
Correct Answer
B) Investigate and report apparent setback noncompliance and supported market effects
Investigate the apparent setback noncompliance, actual approvals and any lawful nonconforming status using reliable information. Report material findings and analyze supported market effects. Government silence does not prove cure; crossing a setback alone is not proof of encroachment onto a neighbor’s land.
Why This Is the Correct Answer
Option B is correct because the appraiser should investigate the apparent setback noncompliance, any actual approvals and any lawful nonconforming status using reliable information. Material findings should be reported along with any supported effect on value and marketability.
Why the Other Options Are Wrong
Option A: Assume the setback issue expired because decades have passed
Option A assumes the setback issue expired because decades have passed. The passage of time and government silence do not prove the issue was cured, so the appraiser must investigate.
Option C: Order removal without authority or further inquiry
Option C, ordering removal without authority or further inquiry, is outside the appraiser's role. The appraiser investigates and reports; enforcement decisions belong to the proper authorities.
Option D: Ignore the portion outside the setback line and value the rest of the house as built
Option D, ignoring the portion outside the setback line and valuing the rest as built, overlooks a potentially material issue. The appraiser should analyze the whole improvement and the effect of the noncompliance rather than disregard part of it.
Investigate, report, analyze
For an apparent violation, find the facts, report what matters and measure any market effect.
How to use: Use this when a question describes an apparent zoning or setback problem.
Exam Tip
Favor answers in which the appraiser investigates and reports, over answers that assume the problem disappeared or that take enforcement action.
Common Mistakes to Avoid
- -Assuming old violations are cured by the passage of time
- -Confusing a setback violation with an encroachment onto a neighbor's land
- -Acting as an enforcement authority rather than reporting
Concept Deep Dive
Analysis
This question tests the appraiser's response to apparent zoning noncompliance. A garage over the setback line is a potential legal-use issue that must be investigated and reported, along with any supported market effect.
Background Knowledge
Setbacks are zoning rules governing how close improvements may be to property lines, while encroachments involve crossing onto another's land. Appraisers identify apparent zoning noncompliance, determine whether it may be legal nonconforming or approved, and analyze any market effect.
Real-World Application
An appraiser measures an attached garage and finds it sits closer to the side lot line than the zoning setback allows. The appraiser checks the building department records for approvals or a variance, reports the findings, and considers any market reaction.
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