Note that while a landowner`s actions fall within their legal rights, the reasons for doing certain things on their own land are irrelevant. At the same time, a landowner does not have the right to free his own property from an unfavorable state by causing a similar condition on a neighbor`s land. But sometimes, no matter how reasonable a landlord may be, he or she has to confront a neighbor who simply won`t be reasonable, and the courts are inevitably the only forum where the issue can be resolved. In such cases, no matter how reluctant the struggle may be, one must vigorously oppose one`s neighbour, for the value of the land can be permanently altered if one`s own rights are not protected. The doctrines of renunciation and forfeiture, as well as opposing possession and prescribed easement, may allow a neighbour to obtain rights to his land by not contesting the claim in time. Inaction can be enough to lose rights and value. Landowners sometimes worry that if they let people use their land (e.g., hiking, snowmobiling, hunting), they could be held liable if someone is injured on the property. Given that many landowners own their land for personal enjoyment and privacy, rather than income, it may seem strange to turn land ownership into a commercial structure. However, business ownership can be an effective mechanism to transfer ownership of your land from you to your family while reducing taxes and limiting liability. Below is a list of some of the forms of business that the Shave family has used to achieve its goals: To make decisions about your resources for agriculture, forest management, and legacy transfer planning, it is essential to understand the nature and extent of your ownership rights to the land and the things available to you for your personal and professional use.
The term title describes the extent of private property and how one holds ownership affects flexibility in management and use. Title determines whether property can be used as collateral for a loan, whether it can be leased to others, sold for profit and donated to a charity or support organization, and designed or bequeathed for the continuation of the family`s property and inheritance. Title is also your relationship to the value of the property and therefore the incentive to preserve and protect that value. In a sense, the title also describes your responsibility for the responsibilities it entails in its relationship to the public at large, because if people are injured by or on your property, your title may define your responsibility for their violation. Some landowners fear that if they let people use their land, the people who use the land could eventually claim that they own it because of an injurious right. Documentation of personal property is required by law, documentation of a transaction or whim. Aside from legally required personal titles, such as a road vehicle or recreational vehicle, most personal property documents are in the form of a receipt when the property is purchased. When personal property is donated, it is preferable to establish a “contract of sale” even if no money changes hands, simply to provide proof of ownership to the purchaser (i.e., proof that the original owner intended to transfer ownership to the transferee). An action for (tacit) reclamation of ownership of personal property is admitted by declaratory action in the County Superior Court.9 If the granting of the easement in Area B were contingent on Dweezle`s ownership of Land B, the shared exclusive ownership right would revert entirely to Area A when Dweezle was sold to Ralph. The doctrine of strict liability for violations resulting from extremely hazardous and exceptionally dangerous activities is closely related to the Rylands v. Fletcher doctrine.
Even without negligence, someone who uses something inherently dangerous on their own property that can damage their neighbor`s property is liable for that damage. However, the doctrine of strict liability for extremely hazardous activities is often limited to the violation of adjacent property and persons. Wing A belongs to Frank, who bought it in Chester. By the time the title was transferred from Chester to Frank, Tract A had its full set of rights intact. After the purchase, Frank is approached by Dweezle, the owner of the adjacent B Wing, who must cross Wing A to get to the public alley. One of Frank`s proprietary rights (one of his “sticks”) is the “right of exclusive possession”. If he grants Dweezle servitude to cross his land, this right will be severed and – at least for the strip of land under servitude – now shared with wing B. Unless the easement is qualified by the fact that Dweekle continues to own Area B (i.e., it ends when Dweezle transfers Area B to another), the severed right in Area B remains in Area B. even if Dweezle later sells Area B to Ralph. If Ralph buys wing B, wing now has the floor in common with wing A, the right to cross wing A to reach the right-of-way. Yes.
First, a landowner cannot, as a general rule, exercise his rights in a manner that infringes the rights of another landowner. How a person owns property affects their rights to use, manage, sell or distribute after your death. Automatic survival takes precedence over what is written in a will, and a carefully drafted estate plan can be thwarted if the testator does not consider the place of his or her property when making certain decisions about disposition. There may be times when it may be desirable in your planning process to change the form of ownership in order to achieve business transfer planning objectives. A competent legal advisor can determine how his client owns property by reviewing the deeds or knowing how and when the client inherited it. There is no need to go to the law firm with certificates in hand. Usually, it is enough to inform the lawyer about the counties where the client believes he or she owns land and he or she can do the rest. Hopefully, the lawyer will follow Dr. `s wisdom.
