Lesson 2: the Nature of Real Property
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Plat Application
City of Mesquite Plat Packet No permit for the construction or expansion of a building shall be issued unless the tract or plot is part of a plat of record, filed in the plat records of the county, thereby establishing a building site. Platting shall be in conformance with the Mesquite Subdivision Ordinance, Mesquite Zoning Ordinance, and Mesquite Engineering Design Manual. The applicant is required to attend a pre-application meeting for the project before submittal of a plat application. Plat application is required to be submitted concurrently with the Engineering Plans and other submittals identified at the pre-application meeting and any items or exhibits requested by the Director that are consistent with the standards and requirements of the Mesquite Subdivision Ordinance, Mesquite Zoning Ordinance, and Mesquite Engineering Design Manual. COMPLETE APPLICATION REQUIRED — CONDITIONS FOR PROCESSING The applicant shall submit the information required in this packet and as identified in the pre-application meeting. Each item is considered an essential part of the plat application and is necessary to ensure a proper review of the proposed development. Once submitted, the application will be reviewed for completeness. If the application is incomplete, the applicant will be notified within 10 days of submission of the missing items. An incomplete application that has not been revised to meet the completeness requirements shall be considered expired on the 45th day after the original submission of the application. The City may retain the application fee paid. Following an expired application, any additional or further requests by the applicant must be accompanied by a new application and fee. -
Record Plat Checklist for Simple Subdivisions
RECORD PLAT CHECKLIST for SIMPLE SUBDIVISIONS Site Development and Inspections Division Fairfax County Land Development Services 12055 Government Center Parkway, Suite 535, Fairfax, VA 22035 Phone: 703-324-1720, TTY 711 www.fairfaxcounty.gov/landdevelopment Plat Name: Plat Number: By: Date: e YES NO N/A REFERENCE REQUIREMENT Lin Reference Format YES NO N/A 1 101-2-5(c) Sheet size is min 8.5” x 11”, max 18” x 24” with minimum ¼” margins on all edges. 2 101-2-5(c) Plat is legible, letter size is minimum 1/10”. 3 Scale is 1” = 100’ or larger. Match lines are provided if applicable. 101-2-5(c) Date of drawing (day/month/year) provided and reflects when property ownership was 101-2-5(c)(1) 4 last checked. Date of drawing matches on all plat sheets. CAO Policy Sheet number and total number of sheets (even if there is only one sheet) are provided. 17VAC15-61-30.B.2 Black or dark blue ink only. No screening. 5 101-2-5(c)(1) Current approval stamp should be printed on record plat. Required stamp is available in 6 Notice 3/13/2017 Land Development Notice 3/13/2017. Reference Notes and Certificates YES NO N/A 7 SDID Policy Tax Map number and zoning for existing property are provided. 8 The following note is provided if proposed private streets meet VDOT requirements: "The private streets in this development are not intended for inclusion in the system of state highways and will not be maintained by the Virginia Department of Transportation 101-2-2(3)(c) or Fairfax County, and are not eligible for rural addition funds or any other funds 10 appropriated by the General Assembly and allocated by the Commonwealth Transportation Board." (Frontage to private streets may be allowed in P, R-5, R-8 and R-12 districts.) Soils note provided where a soils report was required: "Engineering geology and/or soil reports have been reviewed and approved by the Director of Land Development Services for the property described herein and are 101-2-2(16)(G) 12 available for review at Land Development Services. -
Unit 2: Real Property and the Law
Modern Real Estate Practice Twentieth Edition Unit 2: Real Property and the Law LECTURE OUTLINE I. Land, Real Estate, and Real Property (See Figures 2.1– 2.3) A. Land—the earth's surface extending downward to the center of the earth and upward to infinity, including things permanently attached by nature, such as trees and water; land has three physical characteristics 1. Immobility: The geographic location of any given parcel of land can never be changed. 2. Indestructibility: Land is durable and indestructible, even though erosion, flood, volcanic action, and fire may change its topography and value. 3. Uniqueness: The law holds that no two parcels of land are exactly the same; this uniqueness is also known as "nonhomogeneity." B. Real estate—the land and all things permanently attached to it by either nature or people (improvements) C. Real property—real estate plus the interests, benefits, and rights inherent in the ownership of real estate In Practice: "real estate" and "realty" are casual uses of the term accurately described as "real property" 1. Ownership of real property: bundle of legal rights; concept comes from old English law 2. The bundle of legal rights includes the rights of: a. Possession—the right to occupy the premises b. Control—the right to determine certain interests for others c. Enjoyment—possession without harassment or interference d. Exclusion—legally refusing to create interests for others e. Disposition—determining how the property will be disposed of 3. Title to real property—(1) right to property, and (2) evidence of ownership by deed 4. Appurtenance: right or privilege associated with the property, although not necessarily a part of it D. -
Preliminary Plat / Manufactured Home Park Plan Application
Preliminary Plat / Manufactured Home Park Plan Application Pitt County Planning Department 1717 West Fifth Street Visit us at our web site: Telephone: (252) 902-3250 Greenville, NC 27834 www.pittcountync.gov/depts/planning Fax: (252) 830-2576 Section A. SUMMARY INFORMATION DEVELOPMENT NAME: LOCATION: PITT COUNTY PARCEL IDENTICICATION NUMBER: ZONING DISTRICT: ______ TOTAL ACRES:_______ TOTAL # OF LOTS/SPACES: STORMWATER BMP’s: ____ REQUIRED ____ NOT REQUIRED CLIENT (Owner or Developer): Name(s) Address: ZIP Telephone: FAX: E-Mail Address: CONSULTANT (Person to contact regarding questions or revisions to the plan): Company ________ Contact Name(s) Address: ZIP Telephone: FAX: E-Mail Address: ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL. ALL INCOMPLETE SUBMITTALS WILL BE RETURNED. **A DIGITAL COPY OF THE PLAN IS TO BE INCLUDED WITH ALL SUBMITTALS. ** Section B. SUBMITTAL CHECKLIST AND PROCEDURE (1) THIS APPLICATION IS FOR THE PRELIMINARY APPROVAL OF THE FOLLOWING PLANS: Subdivisions, Multifamily Developments, and Manufactured Home Parks. If you do not know what category your proposal falls into, call us at 902-3250. (2) PLANS MAY BE SUBMITTED TO THE PLANNING DEPARTMENT, DEVELOPMENT SERVICES BUILDING, 1717 WEST FIFTH STREET. (3) WITHIN FORTY FIVE DAYS A PLANNER WILL FORWARD COMMENTS TO YOU BY MAIL. Once the plan has been reviewed an approval letter will be sent to both the developer and engineer/surveyor. The approval letter may contain conditions of approval. Upon satisfaction of these conditions a construction plan and/or a soil erosion sedimentation control plan may be submitted, if applicable. Once the preceeding plans gain approval, final plats may be submitted. -
Commissioner Board Meeting
1 COMMISSIONER BOARD MEETING May 14, 2020 5:30 PM Fire District 7 Station 31 Training Room VIA BLUEJEANS SNOHOMISH COUNTY FIRE DISTRICT #7 WASHINGTON 2 AGENDA 3 BOARD OF FIRE COMMISSIONERS MEETING AGENDA SNOHOMISH COUNTY FIRE DISTRICT 7 Fire District 7 Station 31 Training Room/ Via Blue Jeans 163 Village Court, Monroe, WA 98272 May 14, 2020 1730 hours CALL TO ORDER UNION COMMENT IAFF Teamsters CHIEFS REPORT To be provided at or before meeting CONSENT AGENDA Approve Vouchers Benefit Voucher: #20-01136 ($962.50) Benefit Vouchers: #20-01137 – 20-01138 ($21,024.12) Benefit Vouchers: #20-01139 – 20-01153 ($533,576.45) AP Vouchers: #20-01155 – #20-01325 ($668,756.01) Approve Payroll April 30, 2020; $1,009,927.08 May 15, 2020: $938,450.82 Approval of Minutes Approve Regular Board Meeting Minutes – April 23, 2020 Correspondence OLD BUSINESS Discussion COVID-19 Update Fire District Name Allied Construction Settlement Executive Contracts Negotiations Committee Lake Stevens Fire Audit Action Paid Family Medical Leave MOU Surplus Bauer SCBA fill station and Compressor S81 Resolution 2020-17 Page 1 of 2 4 NEW BUSINESS Discussion Surplus of Apparatus/Equipment Resolution 2020-18 Snohomish 911 Tower Agreements Donation for budgeted adult and infant CPR manikins/7 EMS Doppler units City of Mill Creek Fire and Emergency EMS Agreement Grants: Health and Human Services Relief Fund payment Action COMMISSIONER COMMITTEE REPORTS Joint Fire Board with Mill Creek (Elmore / Fay / Waugh): Finance Committee (Elmore / Snyder / Waugh / Woolery): Policy Committee -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Making Land Legible: Cadastres for Urban Planning and Development
Making Land Legible Cadastres for Urban Planning and Development in Latin America POLICY FOCUS REPORT LINCOLN INSTITUTE OF LAND POLICY DIEGO ALFONSO ERBA AND MARIO ANDRÉS PIUMETTO POLICY FOCUS REPORTS The Policy Focus Report series is published by the Lincoln Institute of Land Policy to address timely public-policy issues relating to land use, land markets, and property taxation. Each report is designed to bridge the gap between theory and practice by combining research findings, case studies, and contributions from scholars in a variety of academic disciplines and from professional practitioners, local officials, and citizens in diverse communities. ABOUT THIS REPORT In Latin America, a territorial cadastre is a public registry that manages information relating to parcels of land. In much of the region, cadastres are structured under the orthodox model imported from Europe long ago, which accounts only for economic, physical, and legal characteristics. This model has several limitations: it is typically restricted to private properties; much of the information may be out of date and incomplete; and it does not encom- pass key parcel-level data needed for urban policy decisions—such as information on transportation, infrastruc- ture, and utility networks—which is scattered among several unconnected institutions and in different formats. In recent years, an increasing number of jurisdictions in Latin America have begun to adopt the multipurpose cadastre (MPC) model. An MPC is based on a partnership of stakeholders committed to generating extensive, precise, detailed, and up-to-date information about a city. It shares alphanumeric data and maps as well as human and financial resources. -
Land Mineral and Air Rights What Are They and Who Owns Them?
513-721-LAND(5263) [email protected] Land Mineral and Air Rights What are they and who owns them? Air Rights include from the surface of the land into space. It is possible to purchase land that has limited air rights. An example would be not owning the rights above 50 feet. This would stop you from building anything higher than 50 feet. A previous owner may have retained the air rights higher than 50 feet to keep the view from being blocked. Surface rights are what we typically think of as land ownership. The surface rights owner has the right to use the surface, build on it, farm it, or use the land for any legal purpose. Mineral rights is the ownership of anything below the surface. Mineral rights includes gravel, oil, gas, gold, etc,. Mineral rights include the right to use the surface as necessary to access the minerals. I have heard many complain about the oil company stealing their property rights to drill an oil well. The oil company is acting for the owner of the mineral rights who has a legal right to access his minerals. To avoid this situation the surface owner must own the mineral rights.In addition to the three basic ownership rights there are other situations where others can use or control your real estate. http://www.tnstate.edu/extension/documents/Mineral_and_Air_Rights.pdf http://www.thinkglink.com/2013/04/26/owns-mineral-rights-property/ . -
METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE of MARION COUNTY, INDIANA MAY 12, 2021 Notice Is Hereby Given of a Public
METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE OF MARION COUNTY, INDIANA MAY 12, 2021 Notice is hereby given of a Public Hearing and Meeting of the Plat Committee of the Metropolitan Development Commission of Marion County, IN, in Room 260 of the City-County Building, 200 East Washington Street, on Wednesday, May 12, 2021, at 1:00 PM, at which time and place the following petitions requesting approval of subdivision plats and petitions and resolutions for the vacation of Streets, Alleys, Plats, or Public Grounds, will be heard, pursuant to Indiana Code 36-7-4-700, series and action thereon determined. EXPEDITED PETITIONS: TBD PLAT PETITIONS: CONTINUED PETITION: 2021-PLT-010 1225 South High School Road Wayne Township, Council District 22, Zoned C-4 Neighborhood Downtown Zoning Assistance, Inc by David Kingen Approval of a Subdivision Plat to be known as Sohum Commercial Park, dividing 12.11 acres into 2 lots. NEW PETITIONS: 2021-PLT-023 324 North Rural Street Center Township, Council District 17, Zoned D-5 Indy Asset, LLC by John Cross Approval of a Subdivision Plat to be known as North Rural Artisan Townhomes, dividing 0.15 acre into two single-family attached lots. 2021-PLT-024 7615 Oaklandon Road City of Lawrence, Lawrence Township, Council District 5, Zoned D-A AHB Properties, LLC by Mark and Kim Crouch Approval of a Subdivision Plat to be known as Primrose Oaklandon 2, dividing 8.18 acres into three lots. 2021-PLT-027 533 and 535 North Rural Street Center Township, Council District 17, Zoned D-5 Edwin Watson Approval of a Subdivision Plat to be known as to be known as Fibula Farms Addition, dividing 0.116 acre into two single-family attached lots. -
Hold Hearing for Vacation of Air Space and Subsurace
Roll Call Number Agenda Item Number Page 1 Date........January.11,.2016. HOLD HEARING FOR VACATION OF AIR SPACE AND SUBSURACE RIGHTS IN CITY STREET MGHT-OF-WAY ADJOINING 219 EAST GRAND AVENUE AND CONVEYANCE OF AN AIR MGHTS EASEMENT WITHIN EAST GRAND AVENUE AND EAST 2ND STREET, AND CONVEYANCE OF A SUBSURFACE EASEMENT WITHIN EAST GRAND AVENUE, TO 219 GRAND, LLC FOR $6,307.00 WHEREAS, on December 7, 2015, by Roll Call No. 15-2049, the City Council of the City ofDes Moines, Iowa, received a recommendation from the City Plan and Zoning Commission recommending approval of a request from 219 Grand, LLC for the vacation of the air rights over the south 4 feet of East Grand Avenue right-of-way adjoining 219 East Grand Avenue and the east 4 feet of East 2nd Street right of way adjoining 219 East Grand Avenue to allow for balcony encroachments, and for vacation of the subsurface rights within the south 4 feet of East Grand Avenue right-of-way adjoining 219 East Grand Avenue to allow for building footings and foundation, all subject to the reservation of easements for existing utilities in place until such time as they are abandoned or relocated; and WHEREAS, on April 2, 2001, by Roll Call No. 01-995, the City Council of the City ofDes Moines, Iowa, adopted Ordinance No. 13,937 vacating the East 25.25 feet of East 2nd Street right-of-way adjoining 219 East Grand Avenue; and WHEREAS, 219 Grand, LLC is the owner of the real property locally known as 219 East Grand Avenue, which property is being developed into a new 6-story mixed use building; and -
Should Qualified Air Rights Donations Be Characterized As Interests in Land Or Buildings - Why Does It Matter
Cleveland State Law Review Volume 50 Issue 2 Article 7 1-1-2002 Money from Heaven: Should Qualified Air Rights Donations Be Characterized as Interests in Land or Buildings - Why Does It Matter Daniel Markey Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Taxation-Federal Commons, and the Tax Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Note, Money from Heaven: Should Qualified Air Rights Donations Be Characterized as Interests in Land or Buildings - Why Does It Matter, 50 Clev. St. L. Rev. 283 (2002-2003) This Note is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. MONEY FROM HEAVEN: SHOULD QUALIFIED AIR RIGHTS DONATIONS BE CHARACTERIZED AS INTERESTS IN LAND OR BUILDINGS? WHY DOES IT MATTER? I. INTRODUCTION .................................................................... 283 II. THE EASEMENT.................................................................... 285 A. Real Property, Easements, Development Rights and Air Rights..................................................................... 285 1. Brief Common Law History................................. 285 2. Principle Types of Easements Involved in Historic Preservation......................... 286 B. The Qualified Conservation Easement Under § 170 of the I.R.C............................................. -
Cujus Est Solum Ejus Usque Ad Coelum" As Applied in Aviation
THE MAXIM "CUJUS EST SOLUM EJUS USQUE AD COELUM" AS APPLIED IN AVIATION The Maxim 'Cujus Est Solum Ejus Usque Ad Coelum' is a presumption rebuttable by circumstances.' Yehuda Abramovitch* L Introduction Centuries ago, before mankind thought of the flying machine the Latin maxim was coined, "cujus est solum ejus usque ad coelum". This rule means: "Whose is the soil, his it is up to the sky' 2 , or in a more simple explanation "He who possesses the land possesses also that which is above it". 3 Other elucidations are: "He who owns the soil owns everything above (and below) from heaven (to hell)",' and "He who owns the land owns up to the sky".5 This maxim has been grievously misunderstood and misapplied so far as the upward limit is concerned, for it confuses air, which is capable of reduction to ownership, (e.g. by liquefaction) with space, which is not. It cannot definitely be affirmed that the law is committed to the view that mere abstract space can be the subject of ownership, apart from its contents. "Moreover, does the maxim really mean that space is in itself 'ownable' ?" It is suggested that it does not, and that it should be taken to mean: "Whosoever owns a portion of the surface of the earth, also owns anything below and anything above that portion, that may be capable of being reduced into private owner- ship".' The maxim is connected, by its nature, with air rights and their invasion. States have always claimed and exercised territorial sovereignty in space above their surface, to the extent needed to make valid the public and private rights in space.