Under California law, which of the following is NOT classified as an encumbrance on real property?
Correct Answer
B) A zoning ordinance restricting land use to residential
Zoning ordinances are government regulations enacted under the police power and are NOT classified as encumbrances on title. They are public land use controls that regulate how property may be used but do not create a private interest, lien, or restriction on the title. Encumbrances are private rights or claims that affect the title or use of property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
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