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Rights
Allodial System: Anyone can acquire the rights of ownership, subject to the government’s control.
Ownership
Possession • egress • ingress • occupy
The Bundle of Rights
Use or Control • build • drill • easement • exclude others • farm • lease • mine • mortgage • remove objects • “license”
The Bundle of Rights
Enjoyment • air • free of nuisances • lateral support • light • water
The Bundle of Rights
Disposition • give away • mortgage • sell • will
The Bundle of Rights
Estates in Land Quality, quantity, nature and extent of ownership interest.
Possessory Estate: current right to occupy. Non-possessory: future right to occupy.
Estates in Land
Estates In Land - Fee Estates
Estates In Land – Conventional Life Estates
Estates In Land - Legal Life Estates
Estates In Land - Non-Freehold
Public Private
Encumbrances
Planning restrictions Zoning
Police Power
Building Codes Environmental protection laws
Police Power
Must be private property. Must be for public use or benefit.
Eminent Domain
Eminent Domain The owner must receive just compensation.
The right of local or state government to levy taxes on real property.
Taxation
Property is taxed according to its value (ad valorem) or according to benefit (special assessment).
Taxation
No Will No Heirs The state gets the property
Escheat
Liens
With the owner’s consent.
Voluntary Liens
Involuntary Liens Without the owner’s consent
Exists because of an act of the legislature.
Statutory Liens
Based on the principles of justice and fair play.
Equitable Liens
Attach to just one parcel of property.
Specific Liens
Attach to all real and personal property of the debtor.
General Liens
Property Tax Liens Specific Liens
Ad Valorum Tax Levied against each property owner according to the value of the property.
Property Tax Liens Specific Liens
Special Assessment Tax Only the owners who will benefit from the improvements are taxed.
Mortgage Liens Specific Liens
Exists when an owner pledges a property to the lender as security for a loan.
Mortgage Liens Specific Liens
In a purchase money mortgage the seller has a Vendor’s Lien.
Mechanic’s Lien Specific Liens
Statutory liens Work or materials must have been provided with the owner’s consent
Mechanic’s Lien Specific Liens
Priority is based on either when the material was delivered or when the work began. Whichever occurred first.
Vendee’s Liens Specific Liens
Is created when the sales contract between the buyer and the seller is recorded.
Attachment Lien Specific Liens
Grants the court custody of a property to prevent the owner from transferring ownership of it while the suit is being decided.
General Liens Arise out of a lawsuit.
Judgment Liens
General Liens Awarded when one person sues another for damages and wins.
Judgment Liens
General Liens Arise out of unpaid federal and state income taxes.
Federal & State Income Taxes
General Liens Property owned by a decedent is subject to taxes after certain exemptions.
Federal & State Inheritance/Estate Taxes
General Lien Existing liens on the decedent’s estate must be satisfied before the property passes to the heirs.
Decedent’s Debts
The right to use the land of another for a specified purpose in a specified manner.
Easements
Two types of easements: 1. Appurtenant 2. In Gross
Easements
Appurtenant Easement
Appurtenant Easement – Runs with the Land
• Involves only one tract of land
• Does not necessarily run with the land
Easements in Gross
• Is granted by an individual
• Is irrevocable during owner's lifetime
• Is not transferable
Personal Easements in Gross
Will terminate upon: • Death of the person
to whom the easement was granted.
• Conveyance of the property.
Personal Easements in Gross
Commercial Easements in Gross
Is freely transferable and inheritable
Grant A specific right for another person to use the grantor’s land.
Creation of Easements
Reservation Owner could reserve an easement in the deed.
Creation of Easements
Agreement Created by a written contract between the parties.
Creation of Easements
Necessity Granted to a buyer to provide the right of ingress and egress to landlocked property.
Creation of Easements
Prescription Acquired through continuous use of another person’s property for a period of time.
Creation of Easements
Prescription Must be open, visible and notorious, without permission from the owner.
Creation of Easements
Creation of Easements Implication: Created by operation of law
Condemnation Created under the government’s right of eminent domain.
Creation of Easements
Release From the owner of the dominant estate to the owner of the servient estate.
Termination of Easements
Termination of Easements - Before
Termination of Easements - After - By Merger
Expiration of Purpose When the purpose no longer exists, the easement ends
Termination of Easements
Abandonment Non-use is not necessarily abandonment.
Termination of Easements
Abandonment The easement holder must show by positive action that there is no longer an intent to use it.
Termination of Easements
Prescription Are terminated when the holder of the servient estate prevents the easement holder from using it.
Termination of Easements
Necessity Will only last as long as the necessity exists.
Termination of Easements
Grants personal permission to use the land of another. Does not create an estate.
License
Is not transferable or inheritable. Can be terminated by the owner at any time.
License
An owner can limit how the property can or cannot be used through contractual covenants or through conditions in a deed.
Private Restrictions
If there is a conflict between zoning laws and private restrictions, the stricter will always prevail.
Private Restrictions
Promises made in a sales contract, lease or deed that specify how the property will or will not be used.
Covenants
Subdivision restrictions are recorded with the plat of a new subdivision.
Covenants
Enforcement The court action required to stop a prohibited use is an injunction.
Covenants
Enforcement If action is not taken in a reasonable length of time the court might not act because of the principal of law called laches.
Covenants
Are found in deeds
Conditions
If the condition is not being met the ownership could revert back to the original grantor.
Conditions
Encroachments
Encroachments
Encroachments