An avigation easement is a property right granted typically near an airport, allowing for overflight and related ancillary activities such as the emission of noise and dust, the restriction or prohibition of certain activities, and the guarantee of unobstructed airspace.
The Bundle of Rights Theory posits that property ownership entails a collection of distinct rights, including the rights of occupancy, use, and enjoyment, as well as the ability to sell, bequeath, give, or lease these rights.
Easements, Covenants, Conditions, and Restrictions (ECCR) refer to the limitations and obligations placed on property usage and design, which are often enforceable by homeowner associations or property developers.
An encumbrance is a claim, lien, charge, or liability attached to and binding real property, which may affect its transferability or decrease its value.
Ingress and egress refer to the right to enter (ingress) and exit (egress) a property. These terms are critical in real estate contracts as they ensure individuals have legal access to properties, facilitating movements in and out particularly for landlocked premises.
Partial Interest refers to the ownership of a part of the ownership rights in a parcel of real estate, which can include rights like mineral rights or easements. It can also describe an undivided interest in a property shared with several other owners.
A plat is a detailed map or plan of a specific land area that outlines property boundaries, lot sizes, easements, utility locations, and streets. It is often used in real estate to provide a clear depiction of a subdivision or parcel of land.
Prescription is the process by which certain rights are acquired through long-term, continuous, and open use of a property, particularly in cases of adverse possession. This legal doctrine allows an individual to gain a right or an easement after meeting specific statutory requirements.
A quiet title suit is a legal action taken to settle ownership disputes and remove any clouds on the title of real property, ensuring the owner has clear and undisputed rights to the property.
Real Property encompasses a variety of rights associated with the use and ownership of land and structures. It can include a full ownership interest, the use of a property under a lease, or partial interests like easements.
A Reciprocal Easement Agreement (REA) is a legal contract between owners of adjacent parcels of land, allowing the mutual use of both parcels for specified purposes such as access, parking, and utilities. REAs are commonly used in commercial developments to ensure seamless operation and movement between different parts of a property.
Restrictions are limitations placed upon the use of property, typically contained in the deed, other written instruments in the chain of title, or in local ordinances pertaining to land use.
The right-of-way (R/W) in real estate terms refers to the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.
A scenic easement is an encumbrance on the title to a property intended to preserve its natural or undeveloped state, often to protect the aesthetic or environmental values of the area.
A document that indicates the current state of the title, detailing easements, covenants, liens, and any defects, but not describing the chain of title. It assures the buyer of clear title to a property.
Vesting is the process through which an individual earns the right to assets or benefits, usually over a specified period and under clearly defined conditions.
