CHAPTER 2
Property 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.
What is Real Property?
 Real
property
 Personal property
 Methods of transfer
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
Mineral and Air Rights:
 Separate
ownership
 Limitation of air space to a reasonable
distance
 Right to sunlight
Water Rights:
 Littoral
Rights
 Riparian Rights Theory
 Reasonable Use
 Prior Application Theory
 Underground Water
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 water’s position by artificial means.
Own to high-water mark
Navigable bodies of water (cont’d):


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?
Non-navigable bodies of water
(cont’d):

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, don’t deprive other
landowners who are also entitled to some of the
water.
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.
Underground Water:
 Subterranean
Streams- Clearly defined
channels- use is generally not limited.
 Percolating Waters- “Pockets” of waterstates generally apply reasonable -use
test; shouldn’t deplete water supply of
adjoining landowners.
ESTATES IN LAND: Severalty (Fig.
4.1)
A
FREEHOLD ESTATES: Inheritable
·
FEE SIMPLE ABSOLUTE ESTATES
- ALIENABLE
- DEVISABLE
- DESCENDIBLE
B
Qualified Estate: Defeassible estate
·
Qualified fee determinable
- Reversion
·
Qualified fee conditional
- Power of termination
C
LIFE ESTATES: NONINHERITABLE
FREEHOLD ESTATES
•

PUR AUTRE VIE
FUTURE INTERESTS
• REMAINDER


VESTED
CONTINGENT
• REVERSION
• ESTATE PLANNING
D
LEASEHOLD
ESTATES:NONFREEHOLD ESTATES
•
•
•
•
TENANCY FOR A STATED PERIOD
TENANCY FROM PERIOD TO PERIOD
TENANCY AT WILL
TENANCY AT SUFFERANCE
CONCURRENT ESTATE:
 TENANCY
IN COMMON
 JOINT TENANCY

RIGHT OF SURVIVORSHIP
 TENANCY
BY THE ENTIRETY
 COMMUNITY PROPERTY
Condominium Ownership:
 Declaration
 Bylaws
 Individual
unit deed
Cooperative Ownership:
Time-sharing:
 Fee
interest time-share
 Right-to-use time-share
Legal Descriptions:
 Need




for accuracy
Metes and bounds
Rectangular survey system
Combined use of metes and bounds and
rectangular survey
References to plats
 Metes


and Bounds
Distances
Direction or courses
 Rectangular







survey system
Origin
Principal meridians and base lines
Townships
Ranges
Sections
Subdivision of a section
Aerial Photographs
 Combined
use of metes and bounds
and rectangular survey systems


Example of combined survey system
Aerial Photograph
 Reference
to plats