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There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
Quicquid plantatur solo, solo cedit (Latin, "whatever is affixed to the soil belongs to the soil") is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law.
The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and ...
Law of Property Act 1925 (15 & 16 Geo. 5. c. 20) Trusts of Land and Appointment of Trustees Act 1996 (c. 47) The primary aim of the Settled Land Acts 1882 to 1890 was, as Lord Halsbury stated in Bruce v. Ailesbury, [1] "to release the land from the fetters of the settlement – to render it a marketable article not withstanding the settlement".
An extension of the homestead principle in law, the Homestead Acts were an expression of the Free Soil policy of Northerners who wanted individual farmers to own and operate their own farms, as opposed to Southern slave owners who wanted to buy up large tracts of land and use slave labor, thereby shutting out free white farmers.
If a neighbor's excavation or excessive extraction of underground liquid deposits (crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the ...
The first bar examination in what is now the United States was administered in oral form in the Delaware Colony in 1783. [5] From the late 18th to the late 19th centuries, bar examinations were generally oral and administered after a period of study under a lawyer or judge (a practice called "reading the law").