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A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. [1]
In the United States, a split estate is an estate where the property rights to the surface and the underground are split between two parties. It is the result of Homestead Acts such as the Alaska Native Claims Settlement Act (1971) or the Stock-Raising Homestead Act (1916). [ 1 ]
The bundle of rights is commonly taught in first-year property courses in law schools in the United States to explain how property can simultaneously be "owned" by multiple parties. Before it was developed, the idea of property was seen in terms of dominion over a thing, as in the ability of the owner to place restrictions on others from ...
Heirs Property occurs when a deceased person's heirs or will beneficiaries become owners of property (also known as real property) as tenants in common. [3] When a property is probated, a deceased person either has a will and the property is passed on to the named beneficiary, or a deceased person dies intestate, without a will, and the property could be split among multiple heirs who become ...
The rights in real property may be separated further, examples including: Water rights, including riparian rights and runoff rights; In some U.S. states, water rights are completely separate from land—see prior appropriation water rights; Mineral rights; Easement to neighboring property, for utility lines, etc. Tenancy or tenure in ...
This has led to what’s sometimes referred to as the “missing middle” of real estate, meaning that there are few affordable types of homes in-between an apartment or condo and a full single ...
Which rights are included in the bundle known as property rights, and which bundles are preferred to which others, is simply a matter of policy. [1] Therefore, a government can prevent the building of a factory on a piece of land, through zoning law or criminal law, without damaging the concept of property. [1] The "bundle of rights" view was ...
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...