Your Acquired Rights Upon Taking Title To Real Estate

Ownership

Does a person own property? When do you? What do you? and when and what do you not own? In previous millennia the land was controlled by the ruler, the King, the Emperor, the Potentate, the Autocrat, the Pharaoh, and the populous was bond to the land to serve the ruler ( In exchange for protection). What has changed? The land still pays tribute to the government (In America for a common cause or good) This tribute is known as taxes. Thus there are limits to the freedom to do as we please with our land and there are responsibilities.

What does being a home owner mean? What does it say? Ownership means that you have roots which makes you a stake holder in the community . Home ownership tells the world that you have come of age. You are becoming a responsible adult. In the early days of this country (USA) it was only the land owners that could vote. For it was the land owners that was considered a stake holder. Thus you can take Pride of ownership. a sense of stability and security,

Home ownership gives a person space with freedoms to do with that renting does not. An investment, a way to retain and build equity. While most likely housing values will continue to appreciated. Savings, in addition to the money that you save in education, stocks and bonds the monies you spent to purchase the home becomes part of your savings, The government gives you a gift in the form of tax deductions. Mortgage Interest Deductions, as well as other deductions and energy credits for energy efficient purchases see IRS Publication 530 ( These change every year consult current publications from the IRS.gov website) Capital Gains Exclusion, profit from the sale of considered capital gains (taxed at a lower rate than other incomes)

What have you bought if you purchased real estate? Being a biological creature that chooses to live within a society there are limits and benefits. The rights are limited as they come into conflict with the next persons rights and benefits. If you purchase unencumbered property free and clear you benefits are:


Fee Simple

It is important to recognise what these rights means and acknowledge that the neighboring properties have the same rights. When neighboring property rights clash the court might become involved.

Control

A person can use their property any way they seem fit that is legal. Other restrictions might exist if agreements were accepted, such as those that might be attached to the title such as HOA (Home Owner Association required membership)

Disposition

An unencumbered property's ownership may be transfered in part or in whole as law permits. An owner might rent the property which transfers some of the rights during the lenght of the lease.

Enjoyment

May use the land. Hopefully the titleholder finds that enjoyable

Exclusion

allows the owner to sell at will but also to rent, lease, or transfer ownership or use of the property.

Possession

The title holder is the legal owner that can prohibit other people from using or entering the property.

Nature of the property you are purchasing

Property comes with Appurtenances, items that are physically or legally attached to the land. Such as Encumbrances:: Easements, Mineral rights (oil), Leases, Restrictive Covenants, Water Rights, Attached Buildings.

How far does my property extend?

If there is any doubt of the propeerty lines a professional surveyor should be hired.

In previous simpler centuries it was thought that you own the property to the center of the Earth, and into space, "Cuius est solum, eius est usque ad coelum et ad inferos ("Whoever owns the soil, it is theirs up to Heaven and down to ...."), which appears in medieval Roman law"

After invention of balloons and after Wilbur Wright commercialized the aircraft, landowner’s property interests no longer extends into the heavens, the airspace infinitum directly over the property, to the extent that the airspace can be used to benefit the underlying land[vii]. "" (a landowner’s property interest in the land extends to the airspace directly over the property, to the extent that the airspace can be used to benefit the underlying land[vii]. ) (information From : "https://aviation.uslegal.com/ownership-of-airspace-over-property/")

You have a right to Enjoyment of your land.

The conflict of right to enjoy (use) you property and others extend beyond aeroplanes Today there are still cases at court. His building is hording my sun light! My solar panels were here before his building!

Challenges to Rights and their limitations

Clean air rights? The neighbors barbecue is sending smoke into your bedroom's window.

That cabin you purchased with the stream next to it was great till the property before yours decided to irrigate his fields with the water and the stream went dry.

The government wishes to build a subway coast to coast, under your house, is that land yours? The code might vary slight from jurisdiction to jurisdiction. You might control somewhere between 200 to 500 feet downward and perhaps a 1000 feet upward. ( 2014, One World Trade Center, the tallest building, Western Hemisphere at 1,776 ft )

Mineral rights were they transferred with the home? Do you own the oil well? Gold mine?

does this say? The property you buy is not in a vacuum. The property affects and is affected by every property near your property.

The challenges you your rights are resolved differently from state to state and perhaps from judge to judge.


Finding Your Castle Rent or Buy Calculator Blog Global Century21 Property Search

My Direct Line ...Phone: 856. 974.1981

David Cohen
Sales associate with
Century 21 Reilly Realtors,
39 North Route 73,
Berlin, New Jersey 08009
United States of America

Office 856.767.1776

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