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Topic: Nonpossessory interest in land

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	propertyconcepts
		Where the testator owns land in fee simple absolute, any expression in a will indicating an intent to devise all his interest in the land is a significant indication of an intent to devise a fee simple absolute...
		An easement is a nonpossessory interest in land belonging to another which entitles the owner of the interest to a limited use or enjoyment of the land in which the interest exists...
		Richard and Wilfred's interest in the land under the bins is limited to the use of the land for the purpose of supporting the bins.
	www.ndsu.nodak.edu /instruct/swandal/aglawtextbk/ref_topics/propertyconcepts.htm (1283 words)

	Mortgage - Wikipedia, the free encyclopedia
		At common law, a mortgage was a conveyance of land that on its face was absolute and conveyed a fee simple estate, but which was in fact conditional, and would be of no effect if certain conditions were not met --- usually, but not necessarily, the repayment of a debt to the original landowner.
		Adjustable rates transfer part of the interest rate risk from the lender to the borrower, and thus are widely used where unpredictable interest rates make fixed rate loans difficult to obtain.
		One is that the interest rates are usually higher than they normally are and the second is that they may only finance 75% loan to value of a property (this can go up to 85% or 90% subject to status and individual lenders).
	en.wikipedia.org /wiki/Mortgage (3846 words)

	Future Interest Encyclopedia Articles @ LandCompany.com (Land Company)
		Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership.
		Interests that aren't guaranteed to vest are subject to the rule against perpetuities.
		A remainder is a future interest in a third party that vests upon the natural conclusion of the grant to the original grantee.
	www.landcompany.com /encyclopedia/Future_interest (1115 words)

	Helsing Group, Inc: Common Interest Developments
		A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.
		The portion or portions of real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan.
		A power exists in the association to enforce an obligation of an owner of separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with applicable law.
	www.helsing.com /pages/commoninterestdevelopments.html (1113 words)

	Mortgage - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-31)
		Land Registration This is a legal document that records the ownership of a property and land.
		At common law, a mortgage was a conveyance of land that on its face was absolute and conveyed a fee simple estate, but which was in fact conditional, and would be of no effect if certain conditions were not met --- usually, but not necessarily, the repayment of a debt to the original landowner.
		Self cert mortgages have two disadvantages: the interest rates charged are usually higher than for normal mortgages and the loan to value ratio is usually lower.
	soldir.solutionsadvancing.com /wiki/index.php/Mortgages (4571 words)

	P1762 Legal Terms and Concepts for Forest land Owners
		A nonpossessory interest in land of another that is owned by one for limited purposes or uses.
		Land is divided between joint tenants, tenants in common, or other ownerships so the holders can own a particular portion of the land in their individual names.
		An interest a person has in the reversion of lands; title was once in the grantor and at some future date title will revert to the grantor a second time.
	msucares.com /pubs/publications/p1762.htm (2378 words)

	Alfred L. Arcidi, Jr. v. Town of Rye
		In this case, the plaintiff relies upon the nonpossessory nature of the town’s easement in gross over VPI’s property to argue that the town could not obtain the right to use the appurtenant easement over the plaintiff’s property because the town does not have a possessory right in the dominant estate.
		We agree that, because it is a nonpossessory interest, the pumping station easement cannot serve as the dominant estate to the appurtenant easement over the plaintiff’s property.
		As a result of VPI’s continued possession of the land burdened by the town’s pumping station easement, the easement relationship between VPI and the plaintiff remains unchanged.
	www.courts.state.nh.us /supreme/opinions/2004/arcid041.htm (3252 words)

	Notes on the Nature and Types of Easements, Profits, and Licenses (Site not responding. Last check: 2007-10-31)
		The right to take water from a spring or pond on another's land is a profit, as may be the right to harvest timber or crops on another's land or, in some circumstances, the right to remove minerals from another's land.
		While a nonpossessory interest in land, it is often said that a license does nor rise to the dignity of an easement or profit.
		An easement or profit which benefits another estate in land is an easement appurtenant or a profit appurtenant, that is, it is appurtenant to the benefited estate and will pass with a conveyance of the benefited estate.
	www.arch.ksu.edu /jwkplan/images/Easements.htm (474 words)

	West's Encyclopedia of American Law \| Prescription (Site not responding. Last check: 2007-10-31)
		A method of acquiring a nonpossessory interest in land through the long, continuous use of the land.
		It requires the use of the land to have been open, continuous, exclusive, and under claim of right for the appropriate statutory period.
		It differs from ADVERSE POSSESSION in that adverse possession entails the acquisition of title to the property, whereas prescription relates to a right to use the property of another that is consistent with the rights of the owner.
	law.enotes.com /wests-law-encyclopedia/prescription/print (100 words)

	Real Estate Law: Easement Basics
		You are interested in purchasing a home, but when you view the house you notice that the only access to it is via a driveway crossing the neighbor's property.
		An easement is commonly defined as a nonpossessory interest in another person's land.
		Land burdened by an easement is called a "servient estate" and the land benefited by the easement is known as the "dominant estate." If the easement benefits a particular piece of land it is "appurtenant" to the land.
	www.caddenfuller.com /CM/Articles/Articles40.asp (1710 words)

	Mortgage: mortgage refinancing, mortgage loan, mortgage company
		Conveyance This is the legal document that transfers ownership of unregistered land.
		Freehold This means the ownership of a property and the land.
		Leasehold This means the ownership of the property and land for a specified period, which may be sold separately from freehold, which may be owned by another person.
	advantacell.com /wiki/Mortgage (2143 words)

	Easement1
		The outcome of this case probably was that the oil company paid the current owner for an expanded right to enter onto the land; it is doubtful that the new pipeline was installed with old technology, or that the oil company moved the pipeline or stopped the project.
		An easement generally involves two tracts of land; the tract that is burdened with the easement and the tract that benefits from an easement on another tract.
		An easement, while distinct from ownership of land itself, is an interest in land.
	www.ndsu.nodak.edu /instruct/swandal/aglawtextbk/chapters/property/Easement1.html (1430 words)

	Nonpossessory interest in land help – Wiki at Help.com (Site not responding. Last check: 2007-10-31)
		Nonpossessory interest in land help – Wiki at Help.com
		A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.
		Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court.
	www.help.com /wiki/Nonpossessory_interest_in_land (170 words)

	Tex. Att'y Gen. Op. No. GA-0528 (2007) -- Greg Abbott Administration
		To carry out this duty, a city must have an appropriate interest in the land on which a seawall funded from assessments levied pursuant to Local Government Code, chapter 372, subchapter A or B will be located.
		An easement is a nonpossessory interest in land that authorizes the holder to use the property for particular purposes.
		Several provisions of the Local Government Code could enable the City to acquire an interest in the seawall to protect the public interest and ensure that the public purpose is accomplished.
	www.oag.state.tx.us /opinions/op50abbott/ga-0528.htm (1213 words)

	Real Estate
		Real estate or immovable property is a legal term (in some jurisdictions) that encompasses land along with anything permanently affixed to the land, such as buildings.
		In most advanced economies, the main source of capital used by individuals and small companies to purchase and improve land and buildings is mortgage loans --bank loans for which the real property itself constitutes collateral.
		Banks are willing to make such loans at favorable rates in large part because, if the borrower does not make payments, the lender can foreclose by filing a court action that lets them take back the property and sell it to get their money back.
	www.radiofreeithaca.net /search/Real_Estate (781 words)

	Real property information - Search.com
		In joint tenancy (or in marriage this is sometimes called tenancy of the entirety) the surviving tenant (or tenants) become the sole owner (or owners) of the estate.
		Tenants in common will have a heritable portion of the estate in proportion to their ownership interest which is presumed to be equal amongst tenants unless otherwise stated in the transfer deed.
		There are other types of estates in land that are used to prevent the alienation of land (also used in the law of trusts).
	domainhelp.search.com /reference/Real_property (1378 words)

	Property
		Thus this type of land appropriation did not violate the Lockean proviso - there was "still enough, and as good left." Comte's analysis would be used by later theorists in response to the socialist critique on property.
		He asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of mankind with the product of labor being the property of the producer.
		In common law, real property (immovable property) is the combination of interests in land and improvements thereto and personal property is interest in movable property.
	www.radiofreeithaca.net /search/Property (4346 words)

	Conservation Easements
		The benefit of an easement or profit is considered a nonpossessory interest in land because it generally authorizes limited uses of the burdened property for a particular purpose.
		This title shall not affect any interests or rights in real property which are not conservation easements, and shall not affect the rights of owners to convey any interests in real property which they could now create under existing law without reference to the terms of this title.
		A building, structure, or land area satisfies the preceding sentence if it satisfies such sentence either at the time of the transfer or on the due date (including extensions) for filing the transferor's return under this chapter for the taxable year in which the transfer is made.
	www.law.buffalo.edu /Academics/courses/672/Readings06/Conserv_Easements.htm (5548 words)

	[No title]
		The easement appurtenant does not exist apart from the land to which it is attached. Whether an easement is appurtenant or in gross is determined by an interpretation of the grant or reservation, aided, if necessary by the situation of the property and the surrounding circumstances.
		Generally, where one person owns an entire tract of land, there is no necessity for creation of an easement on one part of the land for the benefit of another part of the land during its ownership.
		A party wall is a wall that is located on or at the division line between adjoining parcels of land owned by different landowners and used or intended to be used by both owners in the construction or maintenance of improvements on their respective properties.
	www.stewart.com /docs/jg04009.doc (6615 words)

	Lien
		Liens are also "perfected" or "unperfected." Perfected liens are those liens for which a creditor has taken the steps required by law to give third parties notice of his interest in the property in which a lien is claimed.
		Perfecting a lien is an important part of the task of protecting the secured creditor's interest in the property.
		A perfected lien is valid against bona fide purchasers of property, and even against a Trustee in Bankruptcy; an unperfected lien may not be.
	www.ufaqs.com /wiki/en/li/Lien.htm (292 words)

	Riparian water rights Summary
		If someone bought land on a river and simply let it flow past, for instance, someone else could acquire a right to that water by putting it to use.
		These rights cannot be sold or transferred other than with the adjoining land, and water cannot be transferred out of the watershed.
		In the western United States, water rights are generally allocated under the principle of prior appropriation, which treats water as a resource unrelated to land.
	www.bookrags.com /Riparian_water_rights (1102 words)

	Real estate
		However, for technical purposes, some people prefer to distinguish real estate, referring to the land and fixtures themselves, from real property, referring to ownership rights over real estate.
		The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to.
		In most advanced economies, the main source of capital used by individuals and small companies to purchase and improve land and buildings is mortgage loans --bank loans for which the real property itself constitutes collateral.
	www.ekenjy.co.za /wiki/Real_estate (771 words)

	HOUSE CALENDAR
		The purpose of this chapter is to encourage an owner of land and water to make his or her land and water available to the public at no charge for recreational purposes by limiting the owner's liability to recreational users of the land.
		(b) Interest may be charged, contracted for, and received at the single annual percentage rate that would earn the same interest as the graduated rates when the loan is paid according to its agreed terms and the calculations are made according to the actuarial method.
		If any interest, consideration, or charges in excess of those permitted by this chapter, except as the result of an accidental or bona fide error are charged, contracted for or received, the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, interest or charges whatsoever.
	www.leg.state.vt.us /docs/1996/calendar/HC950412.HTM (16335 words)

	Musick Peeler & Garrett LLP
		The court stated that “[t]he right to possess property on the lease commencement date is a contractual right that does not mature into a property right until possession actually occurs.” The court noted that in that respect, a nonpossessing tenant has no greater property rights than an easement holder.
		The insured also argued that the claimant alleged that the failure to deliver the premises caused the claimant to suffer a “loss of use” of personal property, i.e., the inventory of new vehicles.
		The court rejected that argument as an unreasonable interpretation of the phrase, stating that the insured’s conduct caused intangible, economic damages from the inability to use the land to sell the vehicles.
	www.mpgweb.com /content.cfm?inc=resources_articles_r-KEY=39 (436 words)

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