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Property Types    Realty                     Land Use
                 Ownership   Acquisitions   Restrictions


    100            100           100           100




     200           200           200           200




    300            300           300           300




     400           400           400           400
   Intellectual Property Rights
   What is the legal entitlement attached
    to the expressed form of an idea or of
    other intangible subject matter?




                                      Home
   A property right granted by the U.S.
    government
What are:
 Patent (17 years)
 Copyright (95 yrs from publication, 120 years
  from creation)
 Eminent Domain (this right to seize property
  can also be done by state and local
  governments)


                                        Home
   Patent
   What is an intangible property right
    granted by the U.S. government to an
    inventor or application for a limited time
    period to exclusively own and control a
    new, useful, and nonobvious invention.



                                         Home
   Includes rights to water, minerals, and
    things attached
 What is real property?
 Realty includes land, structures on the
  land, rights attached to the land like
  water, mineral, trees, fixtures, the right to
  pass to the land of another


                                         Home
   Two types of estate, or ownership interest
    in real property
 What are
1. Fee Simple Estate (full ownership,
   unconditional disposal)
2. Life Estate (possession & income for
   quality or Time, e.g. HI, Palm Springs,
   Mexico). Does not pass at death.

                                        Home
   Concurrent Estates
    What are
1.   Joint Tenancy (concurrently owned & undivided
     interest)
2.   Tenancy in the entirety (undivided interest but a sale or
     contract to sell does not sever the tenancy, individual
     creditors of the other spouse cannot attach the
     property to a claim, neither party owns individually a
     portion than can be mortgaged)
3.   Tenancy in common (no survivorship, can be unequal
     shares, need not be on same deed from same grantor)
4.   Community Property (each spouse has undivided one-
     half interest)
Tenancy: possession or ownership or
both                                                 Home
   Cooperative Ownership
   What is ownership by a corporation, the
    stockholders of which receive long-term
    proprietary leases to a portion of the
    property and a proportional vote in its
    affairs based on the number of shares
    owned.
   It differs from a condominium
    ownership which has individual
    ownership of a unit, or separate   Home
    defined area and which has an
    undivided interest in common or
    public areas
   Elements of a Contract of Sale
What are:
 Vendor (seller)/Grantor (conveys property
  to another)
 Vendee (purchaser)/Grantee buyer after
  deed execution)

   Must be in writing
   Must list essential terms to sufficiently identify
    the property and the price

                                               Home
   An increase or addition to property
  What is Accession?
e.g. a coat of paint, additions &
improvements, an animal birthing,
transformation of raw material to a finished
good (lumber)


                                      Home
   Gifts
 What is the voluntary and gratuitous
  transfer of property without
  consideration.
 Donee—recipient of gift


 3 Necessary Element:
 1. Donative Intent
 2. Delivery
                                     Home
 3. Acceptance
   Adverse Possession
   What is the claim of ownership of land by
    possession that is exclusive, open, hostile,
    unpermitted, and continuous for a
    statutory period?




                                         Home
   Two types of Acquisitions that involve
    liens
 Trust Deed
 Mortgage
 Contract of Sale
 Land Contracts




                     Home
   Four types of seller’s restrictions on Land
    use
 What are
1. Cost of homes to be built
2. Minimum/maximum size of buildings
3. Types of contruction
4. Use of the land (conservation)
Generally for a period of 30 to 40 years

                                      Home
   Ways Easement can be created
   What are by express words, by
    implication, or by prescription

    › This nonpossessory right uses another
      person’s property for a particular purpose.
    › must benefit adjacent land


                                              Home
   A right or privilege to enter another’s
    land and take away something of value
    from its soil or from the products of its soil
   What is Profit a’ Prendre?
    › Coal, sand, gravel, trees
    › e.g. IL supplies the fracking sand for other
      states




                                              Home
   4 Land Use Restrictions
 What are incorporeal Interests?
1. Easement
2. Profits a’ Prendre
3. Sellers’ Restrictions
4. Lease Situatons



                                    Home

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Property Types and Land Use Regulations

  • 1.
  • 2. Property Types Realty Land Use Ownership Acquisitions Restrictions 100 100 100 100 200 200 200 200 300 300 300 300 400 400 400 400
  • 3. Intellectual Property Rights
  • 4. What is the legal entitlement attached to the expressed form of an idea or of other intangible subject matter? Home
  • 5. A property right granted by the U.S. government
  • 6. What are:  Patent (17 years)  Copyright (95 yrs from publication, 120 years from creation)  Eminent Domain (this right to seize property can also be done by state and local governments) Home
  • 7. Patent
  • 8. What is an intangible property right granted by the U.S. government to an inventor or application for a limited time period to exclusively own and control a new, useful, and nonobvious invention. Home
  • 9. Includes rights to water, minerals, and things attached
  • 10.  What is real property?  Realty includes land, structures on the land, rights attached to the land like water, mineral, trees, fixtures, the right to pass to the land of another Home
  • 11. Two types of estate, or ownership interest in real property
  • 12.  What are 1. Fee Simple Estate (full ownership, unconditional disposal) 2. Life Estate (possession & income for quality or Time, e.g. HI, Palm Springs, Mexico). Does not pass at death. Home
  • 13. Concurrent Estates
  • 14. What are 1. Joint Tenancy (concurrently owned & undivided interest) 2. Tenancy in the entirety (undivided interest but a sale or contract to sell does not sever the tenancy, individual creditors of the other spouse cannot attach the property to a claim, neither party owns individually a portion than can be mortgaged) 3. Tenancy in common (no survivorship, can be unequal shares, need not be on same deed from same grantor) 4. Community Property (each spouse has undivided one- half interest) Tenancy: possession or ownership or both Home
  • 15. Cooperative Ownership
  • 16. What is ownership by a corporation, the stockholders of which receive long-term proprietary leases to a portion of the property and a proportional vote in its affairs based on the number of shares owned.  It differs from a condominium ownership which has individual ownership of a unit, or separate Home defined area and which has an undivided interest in common or public areas
  • 17. Elements of a Contract of Sale
  • 18. What are:  Vendor (seller)/Grantor (conveys property to another)  Vendee (purchaser)/Grantee buyer after deed execution)  Must be in writing  Must list essential terms to sufficiently identify the property and the price Home
  • 19. An increase or addition to property
  • 20.  What is Accession? e.g. a coat of paint, additions & improvements, an animal birthing, transformation of raw material to a finished good (lumber) Home
  • 21. Gifts
  • 22.  What is the voluntary and gratuitous transfer of property without consideration.  Donee—recipient of gift 3 Necessary Element: 1. Donative Intent 2. Delivery Home 3. Acceptance
  • 23. Adverse Possession
  • 24. What is the claim of ownership of land by possession that is exclusive, open, hostile, unpermitted, and continuous for a statutory period? Home
  • 25. Two types of Acquisitions that involve liens
  • 26.  Trust Deed  Mortgage  Contract of Sale  Land Contracts Home
  • 27. Four types of seller’s restrictions on Land use
  • 28.  What are 1. Cost of homes to be built 2. Minimum/maximum size of buildings 3. Types of contruction 4. Use of the land (conservation) Generally for a period of 30 to 40 years Home
  • 29. Ways Easement can be created
  • 30. What are by express words, by implication, or by prescription › This nonpossessory right uses another person’s property for a particular purpose. › must benefit adjacent land Home
  • 31. A right or privilege to enter another’s land and take away something of value from its soil or from the products of its soil
  • 32. What is Profit a’ Prendre? › Coal, sand, gravel, trees › e.g. IL supplies the fracking sand for other states Home
  • 33. 4 Land Use Restrictions
  • 34.  What are incorporeal Interests? 1. Easement 2. Profits a’ Prendre 3. Sellers’ Restrictions 4. Lease Situatons Home