Extra Help! Explanations

 

LAND USE CONTROLS     CONTRACTS     PROPERTY OWNERSHIP

 

MORE CONTRACTS     STATE CAPITALS

 

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LAND USE CONTROLS

 

1.  A variance is permission to deviate or VARY from the current zoning laws.

 

2.  A non-conforming use is where a property is always being used for a specific purpose, and the zoning law changes such that the previous use is no longer allowed, the Grandfather Clause will allow the property owner to continue using the property for the same purpose.

 

3.  The government limitations on ownership are Police Powers, Eminent Domain, Taxation and Escheat, which can be remembered by the acronym PETE.

 

4.  When someone dies with no will and no heirs, that is called dying INTESTATE.  If someone has a will, they die TESTATE.

 

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CONTRACTS

 

1.  No.  An oral contract can be completely legal and completely binding.

 

2.  An offeror can withdraw his or her offer at any time before acceptance or ratification.

 

3.  An offer becomes a contract when it has been accepted or ratified.

 

4.  If it hasn’t been accepted yet, the offeror doesn’t have any obligation, no matter what they said they would do in the offer.  The only thing that obligates the parties is a contract, and there is no contract until it is accepted.

 

5.  A contract is a voluntary agreement between competent parties to do or not to do some legal act or acts within a timed period supported by legal consideration.

 

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PROPERTY OWNERSHIP

 

1.  Joint Tenancy and Tenancy By The Entireties have the right of survivorship.  This means when one owner dies, their share goes to the surviving owners of the property.

 

2.  Tenancy in Common and Ownership in Severalty are inheritable.  When one tenant in common dies, they can leave their share of the property to anyone they want to.  Ownership in severalty is sole ownership.  Since one person is the only owner of the property, when they die, they also can leave the property to whomever they want.

 

3.  Tenancy in Common has the unity of possession, meaning all owners have an equal right to possess the property.

 

4.  If tenants by the entireties get divorced, they own the property as tenants in common (may vary from state to state).  It makes sense that if a couple gets divorced, they would want to be able to sell off their share or leave it to someone else, and not be forced to leave it to their ex-spouse when they die.  Of course, the courts could decide differently.

 

5.  You would tell them to consult an attorney.  This is legal advice, and ONLY a lawyer should be giving legal advice.  They probably will have already hired an attorney through their Title Company, so they already have one they can talk to.

 

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MORE CONTRACTS

 

1.  A vendor is a seller, just like a hot dog vendor is someone who SELLS hot dogs.  Most frequently used when talking about land installment contracts, but also could refer to a seller in a regular sale.  The extent of usage may depend on the state you’re in.

 

2.  Therefore the vendee is the buyer.

 

3.  A contract can be created by being implied by the actions of either party, or it can be expressed.

 

4.  A contract can be expressed either orally or in writing.

 

5.  A bilateral contract is one in which BOTH sides are OBLIGATED.  “Lateral” means “side” and “Bi” means “two,” like a BIcycle has TWO wheels.

 

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STATE CAPITALS

 

1.  The capital of Virginia is Richmond (You understand you don’t need to know these, Right?)

 

2.  The capital of Maryland is Annapolis (If you’re one of my students, don’t even TELL me you got this wrong).

 

3.  The capital of Vermont is Montpelier (Haven’t you seen the commercial with the little kid?).

 

4.  The capital of Montana is Helena (The accent is on the first syllable).

 

5.  The capital of Washington is Olympia (Not D.C.).

 

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