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The "bundle of rights," however, implies rules specifying, proscribing, or authorizing actions on the part of the owner. [4] Ownership of land is a much more complex proposition than simply acquiring all the rights to it. It is useful to imagine a bundle of rights that can be separated and reassembled.
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership.
A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination).
At common law, property owners held title to all resources located above, below, or upon their land. Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") [1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and ...
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 ...
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The word "real" derives from Latin res ("thing"). Under European civil law, a lawsuit that seeks official recognition of a property right is known as an actio in rem (action in relation to a thing). This contrasts with an actio in personam in which the plaintiff seeks relief for the actions of a particular person.
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