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Legal terms, definitions, and concepts associated with real estate.
Land Terms
Requirement of Arizona's Departments of Water Resources (ADWR) and Real Estate (ADRE) that developers (subdividers) demonstrate that an assured or adequate water supply will be physically, legally, and continuously available for the next 100 years in new subdivisions. If the subdivision is located within one of ADWR's Active Management Areas (AMA), a public report will not be issued and lots may not be sold until an assured 100-year water supply is demonstrated. Outside of AMA's, developers are required to ask ADWR for an assessment of the availability of water. In these areas, lots may still be sold even if ADWR deems the water supply inadequate, as long as this information is disclosed to prospective buyers.
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A concise, summarized history of the title to a specific parcel of real property, together with a statement of all liens and encumbrances affecting the property. The abstract of title does not guarantee or assure the validity of the title of the property. It merely discloses those items about the property which are of public record, and thus does not reveal such things as encroachments, forgeries, and the like.
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A clause in a promissory note, agreement of sale, or mortgage which gives the lender the right to call all sums due and payable in advance of the fixed payment date upon the occurrence of a specified event, such as a sale, default, assignment or further encumbrance of the property
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One of the two types of codes used to uniquely identify a land patent (the other type of ID code is serial number). An accession number directly relates a document image to the original hardcopy document. It identifies the state, volume number and page number of the original GLO document (valid only for the 13 eastern public domain states, with the exception of Iowa).The format of accession numbers is SSVVVV__.PPP where SS is state code, VVVV is the volume number, and PPP is the page number. For example, LA3010__.023 identifies the document on the 23rd page of volume 301 for Louisiana.See also Accession/Serial Number.
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Administered by the Arizona Department of Water Resources (ADWR), the state's Active Management Areas (AMA's) were established to provide long-term management and conservation of limited groundwater supplies. The five (5) AMA's - Prescott, Phoenix, Pinal, Tucson, and Santa Cruz - cover the majority of Arizona's agricultural land and urban population centers that exist where groundwater supplies are extremely limited. Rules governing water use and land development in AMA's are generally more stringent and focused on conservation of water resources in than elsewhere in the state. Applications for new development and subdivisions are managed by ADWR's Office of Assured and Adequate Water Supply under the Assured Water Supply Program.
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A relationship created when one person, the principal delegates to another, the agent the right to act on the principal's behalf in business transactions and to exercise some degree of discretion while so acting. An agency gives rise to a fiduciary relationship and imposes on the agent, as the fiduciary of the principal, certain duties, obligations and high standards of good faith and loyalty.
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One who is authorized to represent and to act on behalf of another person (called the principal). A real estate broker is the agent of his client, be it the seller or buyer, to whom he owes a fiduciary obligation. A salesman is the agent of his broker and does not have a direct personal contractual relationship with either the seller or buyer.
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Zoning policies intended to protect farmland and farming activities from incompatible nonfarm uses, such as residential and commercial development. Agricultural protection zoning, aslo referred to as agricultural zoning, can specify many factors, such as preferred land use, minimum size of farm or the number of nonfarm or residential dwellings allowed. Agricultural zoning is usually based on historic land use, soil properties, and location and allows activities such as orchards, farms, ranching, or timber production.
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Zoning policies intended to protect farmland and farming activities from incompatible nonfarm uses, such as residential and commercial development. Agricultural zoning, aslo referred to as agricultural protection zoning, can specify many factors, such as preferred land use, minimum size of farm or the number of nonfarm or residential dwellings allowed. Agricultural zoning is usually based on historic land use, soil properties, and location and allows activities such as orchards, farms, ranching, or timber production.
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Title to real property that is free of encumbrances and obligations, including taxation. It denotes absolute or supreme ownership. Strictly defined, allodial title is not subject to county, state, or federal codes, ordinances, or zoning regulations ("police power"), nor can it be taken through legal or regulatory means ("inalienable"). In practical use, title in the United States is often said to be allodial (as opposed to feudal), even though it does not meet all of the qualifications listed above.
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