Term
| Introduction to Righs and Obligations of Real Property |
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Definition
| Free simple real estate comes with a "bundle of rights" that the owner has, including the right to occupy, use, improve, mortgage, lease, donate, or sell the property. Property is not owed in isolation; with rights come obligations and duties. Each landowner ahs an obligation to refrain from interfering with the adjoining or neighboring property owners. |
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Term
| Rights of Property owners- Use, possess, occupy |
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Definition
| The terms use, possess, and occupy are often used synonymously. To posess the property, one controls its use and occupancy. to use the land, one has the right to profit from the land. to occupy the property, one has to live or reside on the land in whatever manner one wishes. |
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| Quiet enjoyment is the right to be free from interference from others and to peacefully use, possess, and occupy the real estate |
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| The right to alienate is the right of the fee simple owner to freely transfer his or her interest to another. The right to encumber is the right of the fee simple owner to burden the property with a restriction of some kind, called an encumbrance |
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| Riparian rights are the rights of landowners related to water that flows on, over adjacent to, or as a boundary line of their land. |
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| Airspace rights are the rights in the air above the land |
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| Mineral or subsurface rightas are the rights to use or take any of the minerals found in the earth's crust. Mineral rights includ the right to drilll for water, oil, natural gas, stone, rock, and previous metals such as gold, silver, and copper. |
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Term
| Obligations of Property Owners |
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Definition
| Ownership is subject to the statutes, regulations, and obligations imposed by federal, state, and local governments |
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Term
| Obligations of adjoining and neighboring property owners |
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Definition
| Property owners have obligations to adjoining and neighboring property owners |
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Term
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Definition
Nuisance is the unreasonable interference with another property own'ers right to peaceful and quiet enjoyment of his or her property. Nuisance has both a private and public form.
A private nuisance is one that occurs between adjacent landowners but does not include phyiscal trespass or entrance onto the land of another.
A public nuisance is one that harms the public safety and welfare generally. |
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Definition
| trespass to land is the direct and intional inteference with the rights of the real property owner. |
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| Enchroachment occures when a property owner builds or erects something on the land of an adjoining prperty owner. |
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| self-help is the right of property owners to correct, on their own and at their own expense, violation of their property irghts |
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Term
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| monetary damages are awarded as a result of a lawsuit and they seek to compensate someont for a loss or harm sustained. |
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Definition
| Specific performance ask the court to order someone to do something (remove an encroachment) or stop doing soemthing (nuisance). |
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