Ownership and Transfer of Real Property Chapter 17.

Ownership and Transfer of Real Property

Chapter 17

Real Estate Lawyers:

http://www.youtube.com/watch?v=9I959fn3xPc Facilitate the exchange of real estate from one party to another

Litigate disagreements in real estate. They are experts in deeds, mortgages,

leases and all other paperwork pertaining to property. Many Real Estate attorneys own their own law

practice and bill out at about $250 to $600 per hour depending on experience, location and market demand.

Average Yearly Salary: $155,000

Hiring a Real Estate Lawyer Checklist1. Must be Licensed2. Must be Insured3. Must specialize in Real Estate

transactions in your State4. What do they charge?

Per hour or Fixed rate

What is Real Property?Land, buildings or fixtures (any personal property permanently attached to the land or building) along with its natural resources such as crops,

minerals, or water immovable property

Limitations on OwnershipZoning ordinances –

regulates residential, business and industrial districts

Classification of Real Estate:

1. Commercial –buildings or land intended to generate a profit from capital gain

Must be declared (ZONED) “commercial” by the local township – labeled on the deed

2. Residential - Property which is zoned for single-family homes, multi-family apartments, townhouses, or condominiums

Only to reside in, not to enterprise in

Commercial & Residential Properties can be Investment Properties- refers to buildings

or land intended to generate a profit from rental income

Real Property RightsSurface rights – right to occupy land and develop/build on it

Air space rights – right to air space above the land

Real Property RightsMineral rights – right to dig or mine earth beneath

Water rights – right to water on the surface or under the ground

Limitations on Ownership Easements – irrevocable rights of the

government to some limited use of another’s land/property http://www.youtube.com/watch?v=Daj6tvzPnoE&feature=relat

ed

Ex. Building a road across your land, burying water/sewer lines, hang power lines

Can you stop the installation of a power line or sewer line?

NO! A federal decision If you have a problem, you must express your

concern prior to federal approval. Less than 10% of people win their cases

versus Utility companies Listen to these lawyers!

http://www.youtube.com/watch?v=AB_rVe8Mq1o&feature=related

Ephrata Area School Dist. V. County of Lancaster, (2005):

1. The School District filed an action seeking a declaration that approval by County was not required for the School District to create a new access road to new public elementary school. The undeveloped land that the school district wanted to use was owned by the county.

2. The Lancaster County Court of Common Pleas granted judgment in favor of County.

3. School District appealed. 4. The Commonwealth Court reversed and held that: The County

approval for use of land was not required at common law and County approval for us to the land to create a road was not required under Open Space Lands Act.

Limitations on Ownership Restrictive covenants – a

promise that limits use of the land in some way

Ex. Promise not to tear something down, build certain things, etc.

Rules of Restrictive Covenants 1. A document registered to the property

Sets up Rules In Associations and Country Club Living

Sets what materials house must be made of: type and colors of siding, brick, stone, color of roof, type of garage doors, fence type

Sets how much space must be between your property and your neighbor’s property

If “Christmas” lights are allowed, lawn ornaments Example of lawsuits:

1. http://www.youtube.com/watch?v=VosbOUqGqsU 2. http://www.youtube.com/watch?

v=JejdPwR7bzE&feature=fvwrel3. http://www.myfoxdc.com/dpp/news/offbeat/neighborhood-

bans-colored-christmas-lights-112911

People’s Court

Trespassing! http://www.youtube.com/watch?v=bSGgPo9

M3LE

Limitations on Ownership Duties owed to entrants on land

Trespassers – duty to refrain from intentional harm

Attractive nuisance – something of attraction; could be held strictly liable if not maintained correctly (ie. swimming pool)

Fans file class-action suit against Flyers: 5-07-2012 A JENKINTOWN-based law firm filed a consumer

fraud class-action suit against Comcast Spectacor, parent company of the Flyers, on behalf of all 2011-12 full season ticketholders on Monday.

The complaint alleges that Comcast Spectacor and the Flyers misled season ticketholders by excluding the 2012 Winter Classic game tickets - a regular-season game held at the Phillies' Citizens Bank Park - after the contractual ticketholder agreement stated that fans prepaid for 44 home games, three preseason contests and all 41 regular-season home games.

Comment by Season Ticket Holder: “My tickets for the classic were $1000. Bait and switch, count me in.

"We have been made aware of this frivolous claim, and we are confident that we acted appropriately in all respects," Comcast Spectacor Lawyer, Ike Richman said in a statement.

http://www.philly.com/philly/business/breaking/20120508_Fans_file_class-action_suit_against_Flyers.html

Transfer of OwnershipDeed – legal document used to transfer ownership (like title to a car)

A new real estate deed is required any time you want to add or remove a person's name from your property title, gift your property to a loved one, or place your property in a living trust.

Ways to Transfer/Acquire Property1. Gift, sale, or inheritance2. Adverse Possession *Continuous possession/occupancy openly for such a length of time

that it becomes yours between 5 to 21 years, depending on state law (21 years

in PA) Most commonly, adverse possession does not involve a

home or an entire piece of property. It usually involves a small piece of land on the border of

two properties. For example, if one property owner cuts the grass or otherwise maintains a piece of a neighbor's property for long enough, title can pass to the person taking care of the land.

Texas Man’s $16 Property Seizure Throws Obscure Law Into Spotlight http://www.youtube.com/watch?

v=w22EOq7IsTk Squatters!

http://www.youtube.com/watch?v=s8igAB9dT_c&feature=related

http://www.youtube.com/watch?v=ys1XPnMyZWE&feature=related

Ways to Transfer/Acquire Property3. Dedication – giving real property to

the government

4. Eminent Domain – power of the government to take private property for public use

Owner must be given fair market value Use for highways, airports, parks or schools

Domain Names – Intellectual Property A domain name is the address of a

website Domain name disputes arise largely

from the practice of cybersquatting, registration of trademarks by third parties

as domain names. Cybersquatters exploit the first-come,

first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection.

What is Cybersquatting?

To have a case, the domain name must be used for COMMERICAL purposes

Must file a complaint in Federal Court http://www.youtube.com/watch?

v=Y0rbFA71Mkw

Case in Pittsburgh: http://www.youtube.com/watch?

v=3U1OJtJouOE

The Anticybersquatting Consumer Protection Act enacted in 1999 established a cause of action for registering,

trafficking in, or using a domain name confusingly similar to a trademark or personal name and created in BAD FAITH

Law states that the plaintiff can seek punitive damages of up to $100,000 per domain name, plus the attorneys fees in

Cybersqautting Case

November 8th, 2011 The Gap, Inc. has filed a cybersquatting

case against TheGap.com under the The complaint alleges that TheGap.com

redirects visitors to websites that are designed to deceive consumers into believing the sites belong to The Gap, Inc.” or are affiliated with or sponsored by” The Gap, Inc.

“More specifically, the thegap.com domain name forwards visitors to sites that promise a substantial gift card to Gap’s stores in exhange for entry of personal information and completion of unidentified “sponsor offers.”“

Bosh Wins Some 600 Cybersquatted Domain Names

Miami Heat’s Chris Bosh hired an intellectual property attorney team to gain control of domain names containing his name and other professional basketball players’ names away from a serial cybersquatter.

Bosh donated the domains containing fellow professional basketball players’ names to the National Basketball Players Association for safekeeping and with instructions to give control of the domains to the rightful owners (those players whose names had been cybersquatted).

Bosh’s legal team was able to acquire approximately 600 domain names that had previously been unlawfully cybersquatted by a dishonest entrepreneur who was using the domains to generate revenue.

Because of tens of thousands of legal disputes, “WIPO” – World Intellectual Property Organization,

was formed The process of negotiating a new

international treaty was considered too slow, and new national laws would most likely be too diverse.

What was needed were internationally uniform and mandatory procedures to deal with what are frequently cross-border disputes.

WIPO appoints an expert "neutral" panelist to review the dispute and issue a decision.

What factors guide the panelists' decisions?

1. Whether the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.

2. Whether the respondent has any rights or legitimate interests in the domain name (for example, the legitimate offering of goods and services under the same name).

3. Whether the domain name was registered and is being used in bad faith .

Federal Lawsuit against Norristown Builder and

Norristown local government http://abclocal.go.com/wpvi/video?

id=8652305

Fees for Building Permits in Haverford Township: http://www.haverfordtownship.com/egov/docs/1298561256_894500.pdf Residential

additions, private garages, fences & sheds $350.00

Roofing, siding, windows and doors: One item $75.00

Parades and outdoor gatherings, $20.00

Swimming pools: In-ground pools, $250.00 Aboveground pools

$75.00 Fencing:

First 100 linear feet $40.00

Change of Zoning Classification $2,500.00

Transfer of Liquor License, $1,500.00

Activity Break: posted online

1. Real vs. Intellectual Property Cases2. Property Law Webquest

Leasing Real Property

Chapter 17-2

A lease is an agreement in which one party receives temporary possession of another’s real property in exchange for rent/consideration

What can you lease?

Real Property

Equipment

Cars

Relationships in Real Property Leasing

Landlord – lessor (receives consideration)

Tenant – lessee (receives possession)

Rights controlled by STATUTES Tenant Rights

http://www.youtube.com/watch?v=UA86KTDkNHw&feature=relmfu

Landlord Rights http://www.youtube.com/watch?v=WMFtXn

3_HkM

Periodic Tenancy - when lease is for renewable periods (rent is due at specific intervals)

Tenancy for Years – leasehold for a definite period of time

People’s Court

Rent Dispute http://www.youtube.com/watch?v=qG1DyC

UxULU

Tenancy at Sufferance – when a tenant remains in possession of property after the lease expires

Tenancy at Will – possession of property with permission but without formal agreement

Statute of Frauds In most states, leases for greater

than 12 months must be in writing to be enforceable

Just like any other contract, oral leases can be enforceable in court!

Tenant’s Rights1. Right of Possession

Eviction occurs when the landlord strips the tenant of this right

Constructive Eviction can be claimed by the tenant if the landlord has failed to perform certain duties

How can eviction occur?

Non-payment of rent

Expiration of lease

Nuisance

Destruction or misuse of property

2. Right to use property

3. Right to assign the lease or sublet (in some cases, landlord may choose to revoke this right)

Sublet - Lease all or part of property to 3rd party (original tenant remains liable)

Assign the lease – give up ALL rights to the lease and property

Tenant’s Duties

1. Duty to pay rent

2. Duty to take care of property

3. Tort’s duties (duty of care to those who enter property)

Landlord’s Duties1. Duty to provide a habitable

premises

2. Duty to inspect property At reasonable times and With prior notification

Landlord’s Duties3. Duty to conform to governmental

requirements

Warranty of Habitability – required conditions of a property must be met (pg. 311)

Fair Housing Act – illegal to discriminate against a possible tenant (pg. 312)