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Zoning Flexibility Devices
Sometimes, zoning laws get in the way of a landowner's desires. If a landowner wants to use her land in some way that a zoning ordinance doesn’t allow, here are the steps she can take: [more…]
Found in: Law -
Original Property Rights
In the property law arena, anything that’s owned must have a first owner. Here are some of the ways that a thing first becomes owned as property: [more…]
Found in: Property Law -
Distinguish between Real Property and Personal Property
Anything that can be legally owned may be called property. All property can be grouped into two main categories: real property and personal property. Personal property can be further classified as chattels [more…]
Found in: Property Law -
Transfer Title during Life or by Will
A title owner can voluntarily transfer her title to someone else during her lifetime. Such a transfer may be called an inter vivos transfer, meaning a transfer during life. [more…]
Found in: Property Law -
The Property Rights of Airspace
In property law, owning land includes owning the earth under the surface and air above the surface. While ownership under the surface theoretically extends to the center of the earth, ownership of the [more…]
Found in: Property Law -
Oil and Gas Rights: Modifying the Rule of Capture
A landowner has property rights to the oil and gas under her land. The traditional rule of capture is that others may lawfully take that oil and gas if they drill a well on their own land and the well [more…]
Found in: Property Law -
Implying Reciprocal Covenants by the Common Owner
A deed to a lot in a subdivision may expressly say that the purchased lot is subject to covenants but not say that the rest of the lots are subject to the covenants for the benefit of that buyer. [more…]
Found in: Property Law -
Property Law: Amending Covenants
In the absence of a contrary agreement, all parties to a covenant must agree in order to amend a covenant. Every benefited party has the right to insist upon performance of the covenant; others can’t alter [more…]
Found in: Property Law -
Distinguishing Affirmative and Negative Easements
An easement is a right a landowner intentionally or unintentionally gives to another to use or to control the use of her land in some way, without possessing it [more…]
Found in: Property Law -
Imply an Easement by Subdivision Plat
The parties’ actions may imply the intent to create an easement without any express agreement. There obviously isn’t written evidence of such easements that would satisfy the statute of frauds, but they’re [more…]
Found in: Property Law -
Easements: Increasing the Burden on the Servient Land
The dominant owner may trespass by using the easement in ways that increase the burden on the servient land. An express easement may specify the extent to which the dominant owner may burden the servient [more…]
Found in: Property Law -
Transfer and Divide Easements
Property law allows for an easement owner to transfer his easement to another person. And as with other property interests, in some ways an easement owner can divide his easement rights and transfer some [more…]
Found in: Property Law -
Identify Recordable Property Documents
State statutes specify the requirements for recording a document regarding a property. Generally, any conveyance of any interest in land may be recorded. Typically, the state statute doesn’t require recording [more…]
Found in: Property Law -
Comply with Conditions for Recording Title
A person records a recordable document by taking it to a county official, who has the duty to maintain such real property records concerning property in the county. The county official doesn’t evaluate [more…]
Found in: Property Law -
The Duration and Sharing of Ownership
An individual can own all the legal ownership rights in an item of real or personal property. But often, more than one person has some ownership rights in a particular property. [more…]
Found in: Property Law -
How Legal Title Is Acquired
An owner of legal title generally acquires her title from someone who previously owned the title, although it is possible to acquire title without getting it from a previous owner. [more…]
Found in: Property Law -
How Government Acquires Private Land for Public Use
The government often acquires legal title from individuals. Of course, a private individual may give or sell title to the government, just as she may give or sell title to third parties. But the government [more…]
Found in: Property Law -
Nuisance Law: Enjoying Property without Unreasonable Interference
A nuisance (sometimes called a private nuisance to distinguish it from a public nuisance, which is a completely different subject) is an interference with the right to use and enjoy real property. Physical [more…]
Found in: Property Law -
Nuisance Law: Substantially Harming the Landowner
In property law, a nuisance is an unreasonable interference with a person’s use and enjoyment of her property. Even if an activity is unreasonable, it must cause substantial harm in order to be a nuisance [more…]
Found in: Property Law -
Property Law: Altering How Surface Water Drains
In property law, one way that a landowner may interfere with another’s use of her land is by altering how surface water, such as rain or snow melt, drains. A landowner may build a building, pave her land [more…]
Found in: Property Law -
The Rule of Capture: Extracting Oil and Gas from Underground
A landowner has property rights to the oil and gas under her land. Like percolating underground water, oil and gas move around in permeable layers of the earth. If one landowner drills a well on her land [more…]
Found in: Property Law -
Implying Intent to Run
For a covenant to run with land, at law or in equity, the original parties must have intended the covenant to run. Not only may a common plan imply the existence of covenants, but it also may imply the [more…]
Found in: Property Law -
Terminating a Covenant Because of Changed Circumstances
In property law, a court will terminate a covenant, or at least refuse to enforce it, when the circumstances in the area, the actual uses of land, have changed so much that the covenant can’t achieve its [more…]
Found in: Property Law -
How to Analyze a Covenant Dispute
You can reduce the chances of mistakes, confusion, or wasted energy by being methodical in how you analyze a covenant dispute. For example, you don’t need to waste your energy talking about whether a covenant [more…]
Found in: Property Law -
Property Law: Express Easements
An easement exists only if the parties do something to create one. According to property law, parties can create an easement in a number of ways, including by express agreement, implying an easement by [more…]
Found in: Property Law
