rights - donald free school of real...

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”


Enjoyment •  air •  free of nuisances •  lateral support •  light •  water


Disposition •  give away •  mortgage •  sell •  will


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

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.


Agreement Created by a written contract between the parties.


Necessity Granted to a buyer to provide the right of ingress and egress to landlocked property.


Prescription Acquired through continuous use of another person’s property for a period of time.


Prescription Must be open, visible and notorious, without permission from the owner.


Creation of Easements Implication: Created by operation of law

Condemnation Created under the government’s right of eminent domain.


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


Abandonment Non-use is not necessarily abandonment.


Abandonment The easement holder must show by positive action that there is no longer an intent to use it.


Prescription Are terminated when the holder of the servient estate prevents the easement holder from using it.


Necessity Will only last as long as the necessity exists.


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

rights - donald free school of real...

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