CHAPTER 2 Property Rights and Legal Descriptions

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CHAPTER 2Property Rights and Legal Descriptions

• This chapter introduces the basic legal
• distinctions between real and personal
• property, as well as the many different legal
• interests an owner may have in real property.

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What is Real Property?

• Real property
• Personal property
• Methods of transfer

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Fixtures An item that was once personal
property but that has become attached to the real
estate so that it is now considered real property.

• Tests for fixtures
• Intent of the parties
• Attachment
• Adaptability

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Mineral and Air Rights

• Separate ownership
• Limitation of air space to a reasonable distance
• Right to sunlight

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Water Rights

• Littoral Rights
• Riparian Rights Theory
• Reasonable Use
• Prior Application Theory
• Underground Water

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Water Rights

• Water is valuable, particularly in areas where it
  is scarce!
• Navigable bodies of water
• Land that joins have littoral right Where land
  borders on lake or sea, it is said to carry
  littoral rights. That is the right of land owner
  to use and enjoy the water touching his/her land
  provided he/she does not alter the waters
  position by artificial means.
• Own to high-water mark

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Navigable bodies of water (contd)

• Government (Corps of Engineers) owns water/land
  underneath water.
• Generally plenty of water for all
• Non-navigable water
• Land owner owns land underwater, but state owns
  water.
• How should water be allocated?

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Non-navigable bodies of water (contd)

• Riparian Rights Theory- Ownership of land that
  borders on a river or stream carries the right to
  use the water in common with the other land
  owners whose land boarder the same water course.
• Eastern U.S.- Use all water needed, but not an
  unreasonable amount, dont deprive other
  landowners who are also entitled to some of the
  water.

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Eastern U.S. (continued)

• Prior Application Theory
• Western U.S.- Area is generally, more arid.
• First-come, First served
• Not enough water for everyone, so first landowner
  might as well use all they need.
• A system of water law used in most of the western
  states based on water scarcity. Under this system
  a water right is a separate legal right apart
  from the ownership of land. It is determined on a
  hierarchy which is based on the priority of the
  time a claim was established. The first claim has
  priority over all other subsequent claims. If any
  water remains after the first claimant or
  appropriator has received his or her share, the
  second appropriator receives his or her share and
  so on until the water supply is exhausted. This
  system is subject to administrative control by
  state agencies, and by the federal government
  where federal water is involved.

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Underground Water

• Subterranean Streams- Clearly defined channels-
  use is generally not limited.
• Percolating Waters- Pockets of water- states
  generally apply reasonable -use test shouldnt
  deplete water supply of adjoining landowners.

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ESTATES IN LAND Severalty (Fig. 4.1)

• FREEHOLD ESTATES Inheritable
• FEE SIMPLE ABSOLUTE ESTATES
• ALIENABLE
• DEVISABLE
• DESCENDIBLE
• Qualified Estate Defeassible estate
• Qualified fee determinable
• Reversion
• Qualified fee conditional
• Power of termination

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• LIFE ESTATES NONINHERITABLE FREEHOLD ESTATES
• PUR AUTRE VIE
• FUTURE INTERESTS
• REMAINDER
• VESTED
• CONTINGENT
• REVERSION
• ESTATE PLANNING

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• LEASEHOLD ESTATESNONFREEHOLD ESTATES
• TENANCY FOR A STATED PERIOD
• TENANCY FROM PERIOD TO PERIOD
• TENANCY AT WILL
• TENANCY AT SUFFERANCE

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CONCURRENT ESTATE

• TENANCY IN COMMON
• JOINT TENANCY
• RIGHT OF SURVIVORSHIP
• TENANCY BY THE ENTIRETY
• COMMUNITY PROPERTY

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Condominium Ownership

• Declaration
• Bylaws
• Individual unit deed
• Cooperative Ownership
• Time-sharing
• Fee interest time-share
• Right-to-use time-share

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Legal Descriptions

• Need for accuracy
• Metes and bounds
• Rectangular survey system
• Combined use of metes and bounds and rectangular
  survey
• References to plats

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• Metes and Bounds
• Distances
• Direction or courses

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• Rectangular survey system
• Origin
• Principal meridians and base lines
• Townships
• Ranges
• Sections
• Subdivision of a section
• Aerial Photographs

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• Combined use of metes and bounds and rectangular
  survey systems
• Example of combined survey system
• Aerial Photograph

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• Reference to plats

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