This cluster covers the limits government places on private ownership, plus the systems used to describe land legally. New York uses metes and bounds descriptions rather than the rectangular survey system common in western states, but the exam tests both.
10 terms you need to know
- Acre
- A unit of land area equal to 43,560 square feet. A square one-acre lot measures roughly 209 feet on each side.
- Buffer Zone
- An area of land separating two different land uses, often residential from commercial or industrial.
- Condemnation
- Government taking of private property for public use under eminent domain, with required just compensation.
- Eminent Domain
- The constitutional power of government to take private property for public use upon paying just compensation.
- Escheat
- Reversion of property to the state when an owner dies without heirs and without a will.
- Metes and Bounds
- A legal land description that traces the property’s perimeter using distances and directions from a starting point.
- Non-Conforming Use
- A property use that was lawful when established but no longer complies with current zoning. Typically grandfathered.
- Rectangular Survey System
- A federal land description method using townships, sections, and ranges. Not used in NY — NY uses metes and bounds and lot-and-block.
- Variance
- Permission to deviate from a zoning rule. Use variances and area variances have different standards under NY zoning law.
- Zoning
- Local government regulation of land use through districts and rules. Adopted under the state’s police power.
Commonly confused
Variance vs non-conforming use
A variance is permission granted to depart from current zoning. A non-conforming use was lawful before the zoning changed and is allowed to continue — it was not granted, it was grandfathered.
Eminent domain vs condemnation
Eminent domain is the government's power to take private property for public use with just compensation. Condemnation is the legal process by which that power is exercised.
Metes and bounds vs rectangular survey
New York describes land by metes and bounds, using distances, directions and monuments from a point of beginning. The rectangular survey system of townships and sections is used in western states.
How this is tested
Keep studying
- NY-Specific Topics: Co-ops, Rent Stabilization, Mansion Tax
- Area and acre conversions
- Free NY-specific topics quiz
- Full NY Real Estate Glossary — all 161 terms
Ready to practice for the NY Real Estate exam?
Full-length practice tests with instant scoring and answer explanations. One-time payment, unlimited retakes.
Try a Free Practice Quiz