The most common types of easements are access, utility, and drainage easements.
“Realty” is defined as land and everything permanently attached to it. Bricks mortared together in a wall are considered permanently attached to the land, whereas free lumber is not as it could easily be moved.
Dower rights grant a wife (or child) interest in her husband’s estate. Curtsey laws recognize the rights of a husband in the event of his wife’s death.
Adverse possession laws are very old laws found in every state. The idea behind this type of possession is that if the true owner is so disinterested in the land they own that they allow someone else to use it for a long period of time (depending on the state, 7-40 years), the person using it has rights based on the fact they were treating the property as their own.
Condominium is a legal term that describes land ownership. In a condominium, a person has a title and exclusive ownership to a piece of property (typically a house or unit), and shared access to other community areas. This may include parks, pool areas, and parking lots, but these areas do not define what a condo is, nor are condominiums required to have these structures. A community where the owner owns a portion of shares of stock is called a cooperative.
Monument and occupancy property description uses objects to describe the boundaries of a property. Monuments include both natural and manmade items like large trees, rocks, or fences. Occupancy descriptions include more vague owned properties, such as “Carlson’s Farm.”
The divisions created in rectangular survey property descriptions are called townships.
A survey determines if one’s building or property encroaches (trespasses) on another’s. A survey is typically part of a real estate contract.
If a property owner has riparian rights, their property boarders a moving body of water such as a river or stream. Typically, a property owner with riparian rights can not meddle with the natural flow of the water touching their property.
The Environmental Impact Report (Statement) describes the likely environmental effects a new development will have. The document is sometimes required by local governmental agencies before new construction is started.
The allodial system governs the property and ownership rights in the United States.
Encumbrances give land use rights to others besides the owner, such as right-of-ways.
When a government agency or a private entity needs land for public use, they access private land through eminent domain.
When a property owner dies without a will or survivors, the state assumes title through escheat.
A bill of sale transfers title to personal property and a deed transfers title to real property.
Hypothecation allows a property owner to use the property as security for the loan while still being able to occupy it.
Easements such as party walls connecting adjoining dwellings allow others the right to use another’s land.
Usually for agricultural easements, emblements are crops that are considered personal property while still being attached to the land.
When a warranty deed is given, the grantee is protected from any person who claims it and any liens against the property by the grantor.
The only type of estate without constraints on duration is a freehold estate.
