Mirror of Justice - All about Law and More
*Home>>>Real Property Law

Owning real property does not mean that all rights are protected, show two examples of where rights are limite


Owning real property does not mean that all rights are protected. Show two examples of where rights are limited in ownership of land or personal property

(1) The rule of sic utere tuo ut non alienum. Do not use your property in such a way as to diminish another's use of his own property.
(2) Eminent domain, the power of the government to terminate anyone's ownership of property and take it for public use.

There is a servitude over it;
There is a restriction on mineral rights;
There are regulations restricting usage and building

environmental hazards and dumping
zoning

WATER does not always come with the property! Some places that does not matter, but others (Utah, Arizona and othe desert regions it is very important. Be sure that water rights come with the property. Remember that a seller can sell the water separate from the real property.
COVENANTS can be in place that restrict what you can do to the property, IE: color of paint, what can or cannot be grown, if you can or cannot work on your car on the property, how many cars you can park on the property. It is always best to think how you want to use your property and ask if their are any covenants.

1) There is no longer true (real estate) property ownership in the US (except the State of Louisana) since the abolishment of allodial title (back in the mid 60's). You now, in most states, rent your "real property" from the county. You don't pay the rent (property tax) you loose the right to "own" and occupy it.
2) Deed restrictions due to zoning

Tags
  Sport Law   Social Security Law   Sexual Harassment   Securities Law   Real Estate Law   Real Property Law   Professional Responsibility   Probate Law   Products Liability   Personal Injury Law   Native American Law   Military Law
Related information
  • "to wit" RE: Legal Description Real Property?

    old way of saying "specifically", as in the property at 123 Main St, specifically the lot lying east of Main St 10 ft, South of Elm St 220 ft, and dimensions of 100 ft by 200 ft, marked b...

  • Pennsylvania laws about real property?

    Yes - but as they mentioned it is still considered community property. Also, depending on where you go in PA (rural vs. city) you will likely encounter a little good old boy attitude where women...

  • LAWYERS: Can real property be converted?

    You mean conversion to a new owner by theft? Yes it can occur.

    ...
  • Can I treat standing timber as real property for a IRC 1031 exchange for more real property?

    It's going to depend on your state. Best to consult a lawyer with Sec. 1031 experience. EXCHANGES OF TIMBER RIGHTS This type of transaction should be qualified on a case-by-case basis. S...

  • Owning real property does not mean that all rights are protected, are their any examples?

    what do you mean by all rights? very few rights are absolute -- even ownership rights can be conditional as with condemnation.

    ...
  • Can an executor of a will decide selling price of real property?

    Yes and no. For estate tax purposes, you want an appraisal. This allows the property to have a defined value. You will need to maintain the appraisal for up to 7 years after the estate is close...

  • Free blank legal forms titled "Notice of interest in real property?

    Do a web search. But using blank legal forms without obtaining qualified counsel is risky.

    ...
  • I have a question about Involuntary lien on real property.?

    Only in some states; and only if the car is the item secured by the note. Check with the clerk of court

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster