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The public trust doctrine also finds expression in the Great Pond law, a traditional right codified in case law and statutes in Massachusetts, Maine, and New Hampshire. [13] The state is said to own the land below the low water mark under great ponds (ponds over ten acres), and the public retains in effect an access easement over unimproved ...
REITs were created in the United States after President Dwight D. Eisenhower signed Public Law 86-779, sometimes called the Cigar Excise Tax Extension of 1960. [12] [13] The law was enacted to allow all investors to invest in large-scale, diversified portfolios of income-producing real estate in the same way they typically invest in other asset classes – through the purchase and sale of ...
The law of trusts was constructed as a part of "Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that ...
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property . [ 1 ]
Private property access, use, exclusion and management are controlled by the private owner or a group of legal owners. [9] This is sometimes used interchangeably with private good. [17] An example would be a cellphone as it only one person may use it, making it rivalrous, and it has to be purchased, which makes it excludable.
Direct vs. Indirect Ownership of Real Property – Private equity real estate investing involves the acquisition, financing and direct ownership and holding of the title to an individual property or portfolios of properties, as well as the indirect ownership and holding of a securitized or other divided or undivided interest in a property or portfolio of properties through some form of pooled ...
Because the law of England, including the Statute of Uses, was present in US law, the question arose whether a land trust would be valid. This question went to the Illinois Supreme Court. It ruled that if a land trust was set up with some minor duty on the trustee (such as to deed the property to the beneficiaries 20 years later), then the ...
A law was enacted that treated PTPs as corporations unless they derived 90 percent of their income from so-called "passive sources", which included interest, dividends, capital gains, real estate rents, income and capital gains from real estate (e.g., developers and homebuilders), income and gain from natural resources activities, and commodities.