BCOR 3000 Chapter 36 BCOR 3000 Chapter 36 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire December 8 2015 December 8 2015 Agenda Agenda Real Property and Landlord Tenant Law Real Property and Landlord Tenant Law 1 1 The Nature of Real Property The Nature of Real Property Ownership Interests in Real Property 2 2 Ownership Interests in Real Property 3 3 Transfer of Ownership Transfer of Ownership 4 4 Leasehold Estates Leasehold Estates 5 5 Landlord Tenant Relationships Landlord Tenant Relationships The Nature of Real Property The Nature of Real Property Property legally protected rights and interests in anything with an ascertainable value that is subject to ownership Two types of property Personal Property also chattel property that is movable Real Property also real estate property that is immovable including Land and the buildings plants and tree that are Subsurface and airspace rights Personal property that has become permanently on it attached The Nature of Real Property The Nature of Real Property cont d d cont Land Soil on the surface of the earth Natural or artificial structures attached to it All the waters contained on or under the surface Much of the airspace above it The Nature of Real Property The Nature of Real Property cont d d cont Airspace rights Flights over privately owned land normally do not violate property rights unless the flights are so low and frequent that they directly interfere with the owner s enjoyment and use of the land The Nature of Real Property The Nature of Real Property cont d d cont Subsurface Rights In many states land ownership may be separated so that different people may own the surface vs the subsurface of a piece of land Subsurface rights can be valuable minerals oil natural gas Each owner can pass title to what she he owns without consent of the other owner Conflicts can arise however Statutory law or common law may make one party s interest subservient secondary to the other party s interest The Nature of Real Property The Nature of Real Property cont d d cont Plant Life and Vegetation Plant life both natural and cultivated is also real property Can add greatly to the value of the land When a parcel of land is sold and has growing crops on it sale includes the crops unless otherwise specified in sales contract But the crops can be sold separately not part of the land in which case they are treated as personal property The Nature of Real Property The Nature of Real Property cont d d cont Fixtures Fixtures certain personal property which becomes so closely associated with the real property to which it is attached that the law views it as real property Attached to the real property in a permanent way By means of cement plaster bolts nails roots or screws Can be physically attached to the land to another fixture or even without any physical attachment to land statue Ultimately if owner wants something to be a fixture it is considered a fixture Included in a sale of land if the sales contract does not Practical advice make sure fixtures are listed to avoid a provide otherwise dispute Ownership Interests in Real Ownership Interests in Real Property Property Ownership of land is a legal construct It is an abstract concept Legal system therefore recognizes certain rights and duties that constitute ownership interests in real property Ownership Interests in Real Ownership Interests in Real Property cont d d Property cont Ownership in Fee Simple Fee simple absolute an ownership interest in land in which the owner has the greatest aggregation of rights privileges and power possible Owner Has rights of exclusive possession and use of the property Subject to zoning noise and environmental laws Nuisance use of a property in a way that interferes with others right to use or enjoy their own property Can give the property away or transfer it Upon death the property passes to his her heirs Ownership interest is potentially infinite in duration and is assigned forever to a person and his her heirs without limitation or condition Ownership Interests in Real Ownership Interests in Real Property cont d d Property cont Life Estates Life estate ownership interest in land that lasts only for the duration of the life of some specified individual Created by a conveyance or transfer of real property which states to Arnold for his life Conveyance the transfer of title to real property from one person to another by deed or other document Life tenant has the right to use the land until he she dies the ownership interest does not pass to the person s heirs Life tenant cannot commit any waste injury to the land because he she has duty to maintain the value of the property during his her tenancy Ownership Interests in Real Ownership Interests in Real Property cont d d Property cont Nonpossessory Interests Nonpossessory interest an interest in land that involves the right to use the land but not the right to possess it Easement a nonpossessory right established by express or implied agreement to make limited use of another s property without removing anything from the property Ex right to walk or drive across another s property Profit a nonpossessory right to go onto land owned by another and take away some part of the land itself or some product of the land Ex right to go onto land and remove all sand and Ownership Interests in Real Ownership Interests in Real Property cont d d Property cont Nonpossessory Interests cont d How are easements created By an express grant in a contract deed to be discussed or will By implication when circumstances surrounding the division of a parcel of property imply its existence Ex Rudolph divides a parcel of land that only has one well for drinking water If Rudolph conveys transfers the portion of the land without a well to Prancer a profit by implication arises because Prancer needs drinking water By necessity does not require a division of property for its existence Ex person who rents an apartment has an easement by necessity in the private road leading up to the apartment Ownership Interests in Real Ownership Interests in Real Property cont d d Property cont Nonpossessory Interests cont d License the revocable right to enter onto another person s land without obtaining any permanent interest in the land Personal privilege that arises from the consent of the owner of the land and can be revoked by the owner Transfer of Ownership Transfer of Ownership Ownership interests in real property can be