© 2008 by South-Western, Cengage Learning Chapter 4 Chapter 4 Charles J. Jacobus Thomas E. Gillett
Jan 16, 2016
© 2008 by South-Western, Cengage Learning
Chapter 4Chapter 4
Charles J.Jacobus
Thomas E.Gillett
© 2008 by South-Western, Cengage Learning
Georgia Real EstateGeorgia Real EstateAn Introduction to the ProfessionAn Introduction to the Profession
Seventh EditionSeventh Edition
Chapter 4Chapter 4
Rights and Interests in LandRights and Interests in Land
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Exclusive Right to Use of LandExclusive Right to Use of Land
Feudal SystemFeudal System Allodial SystemAllodial System
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Government Rights in LandGovernment Rights in Land
PPEETTEE
olice Powerolice Powerminentminent DomainDomainaxationaxationscheatscheat
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Government Rights in LandGovernment Rights in Land
Regulation of private property for the safety, health, morals and general welfare of the public.
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Government Rights in LandGovernment Rights in Land
Government’s right to take private property
Public Purpose
Just Compensation
Process is condemnation
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Government Rights in LandGovernment Rights in Land
Tax private property
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Government Rights in LandGovernment Rights in Land
If no will or heirs, If no will or heirs,
ownership passes to the government.ownership passes to the government.
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Fee Simple Bundle of RightsFee Simple Bundle of Rights
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Bundle of Property RightsBundle of Property Rights
MortgageLease
Impose covenants or conditionsGrant easement
Grant licenseBuild or remove structures
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Bundle of Property RightsBundle of Property Rights
Occupy as residenceUse as place of business
FarmMine/drill for oil, etc.
Place of recreation
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Bundle of Property RightsBundle of Property Rights
Maintain privacyNon-trespass
Sell or refuse to sellGiveWill
Abandon
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Removing Sticks from the Fee Removing Sticks from the Fee Simple BundleSimple Bundle
The fee simple bundle shrinks as an owner voluntarily removes rights.
EncumbrancesEncumbrances
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EasementsEasements
Grant
Reservation
Condemnation
Necessity
Prescription
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EasementsEasementsEasement Appurtenant: 2 properties
Servient Estate
Dominant Estate
Easement in Gross: 1 propertyCommercial Easement in Gross
Personal Easement in Gross
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EasementsEasementsParty Wall Easement
Termination of EasementsEnd of necessity
Merger
Release
Abandonment
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Commonly Found EasementsCommonly Found Easements
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Commonly Found EncroachmentsCommonly Found Encroachments
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LiensLiens
Monetary Encumbrance Voluntary vs. Involuntary
Special vs. General
Lienor vs. Lienee
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LiensLiens
Types of LiensProperty Tax Liens
Mechanic’s Liens
Perfecting the lien
Judgment Lien
Mortgage Lien
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Qualified Fee EstatesQualified Fee Estates
Subject to limitations imposed by the Grantor
Fee Simple Determinable Estate
Fee Simple to Condition Subsequent
Fee Simple upon Condition Precedent
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Life EstatesLife Estates
For the duration of someone's lifeOrdinary Life Estate: Based on the life of the life tenant
Reversion
Reservation
Life Estate Pur Autre Vie: Based on someone else's life
May not commit waste
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Statutory EstatesStatutory Estates
Created by state lawDower: Wife’s interest in her husband’s estate
Curtesy: Husband’s interest in his wife’s estate
Community Property
Homestead Protection: protection from judgments
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Freehold EstatesFreehold Estates
OwnershipRequires actual ownership
Indefinite duration
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Leasehold EstatesLeasehold Estates
Non OwnershipLessee: Tenant
Lessor: Landlord
Types of Leasehold EstateEstate for Years
Periodic Estate
Estate at Will
Tenancy at Sufferance: Holdover Tenant
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Rights and Interests in LandRights and Interests in Land
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OverviewOverview
License: Personal privilege to use land
Chattel: Personal PropertyChattel Mortgage
Common Law vs. Statutory Law
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Key TermsKey Terms
Chattel
Easement
Eminent domain
Encroachment
Encumbrance
Estate
Fee simple
Lien
Title