Real Estate Law Notes

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Class 1&2

-Fixture-Any piece of personal property that becomes annexed or affixed to real property that changes into real property with how it is being used

-3 tests for distinguishing between personal and real property- BOOK

-Furnace, hot water, light fixtures, air conditioning unit etc. are all assumed as real property when buying a house.

-Tenant Fixture- owner of property gives tenant a white box and tenant brings in their own cabinets, bar, etc. Tenant retains ownership of these pieces of property with the extent that he fixes any damages while removing them.

CH. 3

-Mineral Rights have two different forms of ownership-BOOK

-Air Rights/Parcel-Come into play in commercial real estate

-Can sell your air rights. Government can use eminent domain to obtain your air rights though

-Can cause minerals to migrate onto your property, but can’t tunnel under another’s land to obtain those minerals

-Minerals can be considered real or personal property- BOOK

-Need a deed with any sale of real property, can have a bill of sale for personal property even when bought with real property

-If you’re an owner of a real piece of property you can sell or lease the minerals in it, but you’re giving them the right to come across the surface and you need to describe that they need to put the earth back how you’d like in the contract or they don’t have to

-Alternative Energy sources and Conservation Easements-Negative easement-whoever owns the land next to me can’t do something

-**Ohio only recognizes conservation easements for the purpose of conserving light for solar energy -**Individual can’t do that, only state or local government or park district

-In the states, property laws are considered a bundle of rights depending on where you live and what kind of state or federal zoning regulations there are

Water Rights

-River
-Is this river navigable?

-Ohio considers navigable as able to be used for commerce or pleasure (ex. Boating)

-If navigable, you can’t own the water, if not navigable, you own half way out to the river (High water mark)

-Riparian Owner- own land adjacent to Stream, river, creek

-Littoral Owner- own land adjacent to a lake, ocean

-Riparian water prior appropriation (state)- NONNAVIGABLE situations, First come first serve water rights. Whoever owned the water first can do what they like. Mostly have to do with west of Mississippi states. (ALL OWNERS OF LAND ADJACENT TO STREAM, RIVER, OR CREEK, ARE REPARIAN OWNERS) -don’t come into play as much as they did back in the wild west era -IF not prior appropriation, neighbors can’t do anything to impede on the rights of its neighbors water rights.

-Ohio and many other states follow the reasonable use theory

Surface Water

-Water that comes when it rains or when the snow melts (comes from the weather)

-Common Enemy Doctrine- we all have to deal with the water so each parcel can deal with it as they see fit.

-Reasonable conduct doctrine- Law now states that adjacent parcels must act reasonably in how they deal with the runoff water. Can’t just dump all the runoff on a neighbor if it causes any kind of physical damage to the neighbor’s property

Easements-

1) Appurtenant Easement- Have the right to use the land adjacent to you. Not personal to whoever made the easement, it’s personal to the real-estate it goes with. IF serviant takes ownership of dominant, the easement goes away. ALWAYS a benefited and burdened parcel

2) Easement in Gross- Easement in the favor of a non-property owner. Does not run with the land like the appurtenant easement did. Personal to whoever it was granted to. Generally to utility companies. EX duke energy NEVER a benefitted and burdened parcel

There are exclusive and Non exclusive easements
Exclusive Easement- Easement to one person and one person only. Even the property owner is denied access. Can either be in gross or appurtenant. It’s...
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