Chapter # 2 - Real Property Rights and Limitations

Affected by the physical forces of nature.

1. EROSION 2. ACCRETION 3. ACCESSION 4. AVULSION

Bundle of Rights

1. Owner of real property, basic rights of ownership 2. DEEP C - D - Dispostion, E - Enjoyment, E - Exclusion, P - Possesion, C - Control 3. Real property and real Estate, actual difference between the two terms is. Real Property - as land that is permanently attached to the land "including bundle of rights". Real Estate - as land that is permanently attached to the land "excluding the bundle of rights".

PETE - 4 government powers

1. Police Powers 2. Eminent Domain, Suite for Condemnation 3. Taxation 4. Escheat

Deed Restriction

One Person owner could conceivably determine income level of another property owner. This restriction would affect all future owners.

III. Taxation

To provide municipal services such as schools, roads etc, the government has the right to tax the owners of real property.

Spot Zoning

When zoning authorities intentionally allow one small are to be rezoned differently from the remaining area

AVULSION

the dramatic effect of natural disasters such as earthquakes, hurricanes, floods, mud slides, tornadoes or volcanoes. This often sudden and dramatic devastation of land and real property is referred to.

Zoning Laws

1. Are established by local government according to the PA law known as the Municipalities Planning code to provide controls on the "USE" of real property. 2. Controls such aspects of ownership as: The size of lots, the types of buildings that can be constructed, the height of buildings 3. Setback requirements - the use of the real property, the ratio of the number of people in proportion to land size. 4. Buffer zones - these laws can create areas such as playgrounds that are used to separate residential property from the property having a different zoning use.

Restrictive Covenants

1. Builders and developers constantly use limitations similar to deed restrictions 2. Residential subdivision to maintain development conformity through the entire development 3. Violations of these restrictive covenants would need to be enforced by any other property owners in the subdivision seeking a court order known as an injunction.

How death affects real property ownership, testate, devisee, devise

1. If a person dies with a will, known as testate the property title would be conveyed or transferred by the will to that person or those persons designated in the will. 2. In the case of transfer of title to real property, the official name of the person who receives the title through a will would be known as a DEVISEE and the gift of real property through a will is called a DEVISE.

Intestate, Heir, Escheat

1. If there is no will, then upon the death of an owner of real property as a single individual the state law applies 2. PA INTERSTATE ACT - With out will. Defines who will receive the title to real and or personal property if this is no will. 3. Official name of a recipient of property when a person dies is called a HEIR. 4. Owner of property as a single individual dies intestate (without will) and there is no heirs to be found as defined by state law, than the title to any real or personal property ESCHEATS or returns to the state of PA.

Building codes

1. Imposed by local governments 2. These codes are determined by construction standards such as the international building code that can be modified by local ordinances. 3. They control the types of building materials used in construction the limits of structural stress, fire protection and electrical, heating, lighting and plumbing requirements 4. These codes are usually enforced by a local BUILDING INSPECTOR through BUILDING PERMITS that are required for any type of construction work. 5. Before actual use or possession of a new building take place, CERTIFICATE OF OCCUPANCY must be issued by the building inspector. Also some municipalities require code inspection when a property is listed for sale or sold.

Interstate Land Sales Full Disclosure Act

1. Involving the sale of out-of-state land 2. This law requires that person who are selling or leasing land of 25 or more lots file a statement of record with the federal department of housing and urban development (HUD). 3. Each purchaser be given a property report in which the seller has disclosed such details as the condition of the soil related to septic systems and property foundations the type of title to be received, any encumbrances affecting the ownership, the number of homes currently occupied, the distance to adjacent communities etc. Violation of this law can result in criminal prosecution possibly resulting in fines or imprisonment.

Mortgage limitations

1. Mortgage agreement that they have entered into with a lending institution could and sometimes do include provisions that require a property owner to get the written permission of the lending institution before making any substantial structural alteration, change or improvement to the real property. 2. A typical mortgage also allows a lending institution representative the right to come into and inspect a property with proper notice to the owner.

Riparian right and littoral rights 1. RIPARIAN RIGHTS

1. RIPARIAN RIGHTS - Owner who has land that borders a body of water. the particular property rights of an owner who land lies adjacent to water are referred as 2. Rights ownership, property boundary line upon whether the body of water is 1. Navigable or non-navigable. 3. NAVIGABLE - commercial purposes, the property boundary line would be the waters edge. 4. NON-NAVIGABLE - Such a small stream next to the land, the owner would own the land underneath the water to the center of the bed.

Property Limitations - government powers

1. Real Property ownership 2. Property that is owned they are not unlimited 3. Necessary to examine the limitations to the bundle of rights 4. Limitation imposed by the law and the government referred

Master or Comprehensive Plan

1. Regional county or city planning commission can develop a long range land plan. 2. the purpose of this plan is to have a total view of the growth pattern of the area over the next 15 to 25 years to achieve balanced growth and development including social, economic, housing, transportation and environmental concerns.

IV. Escheat

1. Return to State 2. It refers to the process of having all the real and personal property of an owner returned to the state government when an owner dies without a will and without heirs as defined by state law.

List of Bundle of Rights

1. Right to Occupy 2. right to use 3. Right to allow others to use 4. Right to Rent 5. Right to restrict the use 6. Right to construct buildings 7. Right to keep others off 8. Right to leave and abandon 9. Right to convey ownership 10. Right to encumber

Water Use Limitations

1. Severe drought conditions the state may place limitations on our right to use water. 2. This right of the government to control the use of water is exercised through the principle of PRIOR APPROPRIATION.

Subdivision Regulations

1. These rules are adopted by local government through their planning commissions to provide for the consistent organized growth of developments through the control of easements for public utilities, formation of streets, sewers, water mains, dimensions of lots and blocks, areas dedicated for public use. 2. PERCOLATION TEST - for public sewers and soil drainage test. The test involves filling man-made holes on the land with water to measure how the soil will absorb the water. Conducted to determine the type and the location of the private sewage system that is to be used on the land.

Environmental Impact Statement (EIS)

1. To evaluate the impact of that development on the community, the population density, energy use, school enrollments, water and sewage facilities, recreation areas, traffic patterns, drainage, wildlife, air quality noise levels 2. Detailed report of the proposed change. The purpose of this report is to give the community advance knowledge of the development and its impact prior to the hearing process so that people in the community may address any concerns.

**Injunctions

1.The Grantor/seller can impose restriction on the use of the property being conveyed these restriction stay with property as it passes owner to owner court order call.

Special assessment

Additional tax, is imposed on real property owners when public improvements such as sewers or street lights are brought into the community and are felt to benefit the local community as well as the real property owner.

Conditional Use Permit

Allows for a restricted land use that is also different from the existing zoning regulations because it benefits the community.

Suit for condemnation

If an owner refuses to sell the property, the government can then exercise its right of eminent domain by filling a legal action to be able to take title to the property through a court proceeding even against the owners consent.

Non conforming use

If any building use violates the current zoning laws because it was in existence before the passage of the zoning law the building is referred to, Unless the property use is changed

Variance

Improvements to real property that violate the current zoning laws are prohibited unless a property owner applies to the zoning hearing board for an exception to the laws and is granted this exception.

Laches

In the event a violation of the restrictive covenants is not acted upon within a reasonable period of time, one's right to enforce the restrictive covenants may be lost through the court doctrine.

II. Eminent Domain

It is simply the RIGHT of the government to TAKE private property for the public good with just compensation to the owner.

I. Police Powers

It is the right of the government to make and enforce laws for the good of the general public. Such regulations 1. Zoning laws 2. Building codes 3. Environmental protection Laws 4. Subdivision regulations 5. Various City, borough or township ordinances and specifications

ACCRETION

Physical forces of nature cause a gradual buildup of soil known

ACCESSION

Result of the permanent attachment of improvements to land, any increase of ownership and title to real property

2. LITTORAL RIGHTS

Rights apply to hugh bodies of water to the center of the bed and large lakes. The Boundary line of the property adjacent to the body of water, as defined as the mean (average) high water mark, would be affected by the tides.

Ad Valorem

Tax on real property is based on the value of the property for real property owners.

EROSION

The gradual wearing away of land by the natural action of the wind or water

Land Use Limitations

The prohibition of growing illegal drugs such as marijuana, building a house in an area designated as a flood plain, cutting down a tree with out a permit in certain areas, omitting the removal of snow from a sidewalk or even the innocuous pursuit of growing common yard grass beyond a certain height in some communities.