Professional Documents
Culture Documents
Ownership Types
Ownership Types
The characteristics give the land its utility and make it important for particular
purposes
Land surface agriculture, forestry, urban, wetlands, parks, scientific and natural
areas, highway rights-of-way
Subsurface minerals, iron ore, copper-nickel
Supersurface (air) building space, airspace, sunshine, wind, scenery, odor
Wildlife exotic, game, non-game, pests, endangered
Surface water navigable, non-navigable
Entity
Legal Rights
Tenants in common
Legal description
Warranty deed
A vast body of law has been developed to resolve and prevent conflicts between
landowners exercising their real property rights
Federal and State land use statutes that define, promote, enforce, and protect the
production of certain goods and the provision of certain services
Building codes
Zoning and other regulations on use
Subdivision controls
Common (judicial) law doctrines affecting land use
Easements - including easements by necessity
Servitudes and restrictive covenants
Nuisance
Personal Situation
Federal and State Law regarding finances, corporations and real property
Minnesota Law definition of real property, joint tenancy, ownership in water surface
Dakota County Law - zoning ordinances
Sunfish Lake Law - ordinances regarding buildings
Fee Title Owners legal entity with legal rights to use property
Encumbrances legal entity with legal rights that affect the ownership rights
Legal rights to the land mortgage or another type of lien, a lease, an easement, or
a restriction created by a covenant, or zoning ordinances
Legal claims against the owner mortgages, claims by other parties, court
judgments, pending legal action, unpaid property and income taxes
Leasehold
A non-freehold estate that exists for a definite period of time if longer than a year spelled out in a
lease and signed by the parties - tenant has a present possessory interest in the property and the
landlord has a future possessory interest
Periodic Tenancy continues for successive periods from year to year or fractions, no definite
termination date continuing until terminated by either the landlord or tenant. by proper notice,
which is usually statutorily prescribed, created by express agreement or by operation of law
Tenancy at Will landlord and tenant both have the right to terminate the lease, parties must
have an agreement or understanding that either party can terminate at any time, tenancy has no
stated duration and lasts as long as the landlord and tenant desire, in most states, the
acceptance by the landlord of regular rent will cause the courts to consider the tenancy to be a
periodic tenancy, commonly, no notice was required to terminate a tenancy at will but most states
have enacted legislation requiring notice of termination to be given at least one month in advance
Tenancy for Years continues for a fixed period of time with certain beginning and termination
dates, the term expires at the end of the period without notice required by either party
Tenancy at Sufferance a tenant who was rightfully in possession and remains at the end of the
tenancy, lasts until the tenant is evicted by the landlord or until the landlord elects to hold the
tenant to an additional term
rights whose duration is measured by the life or lives of someone else, ending at
the death of that person;
Fee Tail, rights that can endure forever but can only be passed to lineal descendants ends if and when the first fee tail tenant has no lineal descendants to succeed him
or her in possession
Primogeniture, rights that pass to the oldest son
Holding Title
Tenancy in Common
Joint Tenancy
Each owner has an equal percentage of ownership
Each joint tenant has an undivided right to the whole property
Each owner has an equal right to use
No owner can transfer a joint tenancy to another entity
( If A, B, & C, are joint tenants and C sells her interest to D, then A & B are joint tenants
of a 2/3 interest and D is a tenant in common with a 1/3 interest)
Joint tenancies carry full rights of survivorship
If a joint tenant dies, the interest automatically is transferred to the surviving joint tenant
Not all the states allow this form of property ownership
Community Property
Special form of joint tenancy between husband and wife, each owning one-half
Upon death, the decedent's interest passes in a manner similar to tenants in common
Trust
A right in property (real or personal) which is held in a fiduciary relationship by one
party (the trustee) for the benefit of another (the beneficiary)
Many trusts are created as an alternative to or in conjunction with a will and other
elements of estate planning
State law establishes the framework for determining the validity and limits for both
Inter vivo established during the lifetime of the individual creating the trust
Testamentary established, at the death of the individual creating the trust, under
the terms of a will
Easement
right to use land held by some other legal entity than the fee owner, allowing the
holder to do something (affirmative easement) or preventing the fee owner from
doing something (negative easement)
"runs with the land," meaning that it is enforceable against all succeeding owners of
the property
typically acquired and recorded in a formal document signed by the property owner
and the easement holder - purchase, donation, condemned, dedicated
can be obtained "by prescription," a form of adverse possession e.g. when a
neighbor openly and continuously drives his vehicle across your land without
permission and you make no effort to stop the trespass - after a period of time fixed
by state law, the neighbor could claim a legally enforceable right to drive across
your land
Easements
Can be held public or private entities
(a) Private easement is limited to specific individuals or entities such as the owner of
an adjoining land
(b) Public easement is one that grants the right to a large group of individuals or to the
public in general, such as the easement on public streets and highways or of the
right to navigate a river
(c) Hybrid easement that can be held by specific public agencies or specific nonprofit agencies conservation easements
Easements
Right to light
Solar
Wind
Avigation easement
Railroad
Utility easements; storm drains, sanitary sewers, electrical power lines, telephone line,
gas pipeline, oil pipelines, drainage, fiber optic cables
Rights-of way; driveway, side-walk, beach access,
Views
Historic preservation
Conservation easements
Statutory Easements
"Wind easement" means a right, whether or not stated in the form of a restriction,
easement, covenant, or condition, in any deed, will, or other instrument executed
by or on behalf of any owner of land or air space for the purpose of ensuring
adequate exposure of a wind power system to the winds
another lease and wind easement
"Solar easement" means a right, whether or not stated in the form of a restriction,
easement, covenant, or condition, in any deed, will, or other instrument executed
by or on behalf of any owner of land or solar skyspace for the purpose of ensuring
adequate exposure of a solar energy system as defined in section
216C.06, subdivision 17, to solar energy
Records
Records
When acquired?
How acquired?
Who was involved in the acquisition?
How financed?
Why acquired?
How used?
Any restrictions on use?
Any restrictions on sale?
Land Trust
Land Conservancies
A nonprofit organization that, as all or part of its mission, actively works to protect the
ecological characteristics of land by
Land Trust
Community Land Trust (CLT)
Residential land trusts emerged in the United States after calls among civil rights
leaders in the 1950s and 1960s in the American South for economic reforms to
reverse rampant poverty
The goal of residential trusts is often to protect housing prices from speculation and
gentrification while allowing residents to accrue equity.
Community Land Trusts: An Introduction
National Community Land Trust Network
City of Lakes Community Land Trust
Rondo Community Land Trust
Northern Communities Land Trust