private ranch property

Landownership Basics: Private Property Rights

“The best investment on earth is earth.” -Louis Glickman

Fee simple landownership comes with some fundamental private property rights no matter what kind of land you own and where you own it. Understanding your private property rights from the start, even before owning a property, will ensure you get the most enjoyment from your property without violating the rights of others.

Fee simple “refers to real estate or land ownership. The owner of the property has full and irrevocable ownership of the land and any buildings on that land. He is free to do whatever he wishes on the land subject to local zoning ordinances. Fee simple and fee simple absolute are the same thing. Fee simple is the highest form of property ownership.”

“Private property rights are one of the pillars of capitalist economies, as well as many legal systems, and moral philosophies,” according to an article defining property rights.

Right to Possession

Once you fully own your own piece of land and hold the title, you retain possession and control its rights. If you have a mortgage, then the lender probably holds your land title until the loan and its interest is paid in full. Until then, you will have limited possession rights and potentially limited private property rights for use. Depending on where you live and the terms of your loan agreement, the lender could take the property quickly once you stop making payments.

land real estate private property

Right to Control

Assuming that you do not live in a neighborhood or city with zoning regulations or other laws that forbid certain activities, you can participate in any legal action on the land you own.

Keep in mind though that neighborhood associations and similar organizations often have covenants that restrict certain activities, so you’ll want to ensure none apply to your property. Covenants may include relatively harmless demands like requiring you to maintain grass that’s visible from the road. Other covenants may restrict activities like raising animals, operating a business, or using chemical fertilizers.

Always read local covenants and laws closely before purchasing land. Using a land expert in your area is the best way to learn about your property rights.

Right to Use and Enjoyment

The right to use and enjoyment means that you can engage in any legal activity on your property. The word “legal” carries a lot of weight in that sentence. For example, owning land does not mean that you can open a casino there without a state license. You must comply with local, state, and federal laws at all times. In fact, the Department of Justice can seize property that they think has been used to commit crime. Federal forfeiture law lets the government take ownership even without proof that it was connected to a crime.

You’ll also need to gather information on any zoning regulations that are tied to your property. According to legal experts, “Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders,” and therefore restrict, limit, or otherwise define the uses of a property.

agritourism apple picking

Right to Allow Others a Right to Use

As a landowner, you can give other people access to your property. In fact, it is for many one of the most lucrative aspects of owning land real estate. You can choose to let others access the land for free, or you can charge for access. For example, investors may purchase farmland so they can earn money by leasing it to farmers. Recreational landowners may charge for access to hunt their properties. Agricultural landowners may charge visitors to access for agritourism like fruit picking, pumpkin patches, or corn mazes.

private property signRight to Privacy and to Exclude Others

No one has the right to access your property without permission. You have the right to tell other people that they cannot come onto your private property.

There are only two caveats to the right to privacy and exclusion. Law enforcement can come onto your property while pursuing a suspect. They do not need to stop their pursuit to seek your permission. Law enforcement can also access your property without consent by getting a judge to issue a warrant. If a judge has reason to believe that illegal activities take place on your property, then it only takes one document for officers to investigate.

Additionally, people who have been granted legal rights to use the property for access or another use by previous owners should be considered.

Right to Transfer Ownership

When you own land, you have the right to transfer ownership as you see fit. You could give the property to a relative or friend as a gift. You could include the land in a will or trust. You can also transfer ownership by selling the estate to someone.

Right to Use Property as Collateral

Your land has value that you can use as collateral when using a mortgage to purchase other properties. Collateral may help you qualify for a mortgage or other loan, and you may get a lower interest rate because your land offsets some of the lender’s risk. Keep in mind that failing to repay the mortgage could mean losing rights to your property.

Air Rights

For the most part, you own the right to use the air space that’s above your land. There are limitations to your air rights, though. You could potentially build a skyscraper on your property as long as doing so doesn’t prevent other owners from enjoying their land or violate any zoning laws as mentioned above.

You also don’t have the right to build horizontally across someone’s land. You can only construct vertical buildings that follow your property lines. If the building hangs over the property line, then the neighboring owner could demand that you remove the structure. Air rights especially come into play when it comes to developing on commercial land or residential land in urbanized areas.

What Landownership Rights Do Not Include

Owning land gives you considerable rights over its use, which is one of the biggest draws for land buyers in all markets. Surface rights, however, do not ensure that you control access to the ground below your feet or the air above your head. Before purchasing land, it makes sense to perform an extensive title search or Mineral Rights Search. You may discover that someone else already owns the minerals, oil, and other valuables under the surface of your property.

Understanding Your Private Property Rights

Landownership gives you exceptional rights, but private property rights can have limits. Make sure you understand your private property rights before you purchase a piece of land. Doing so could influence where you choose to buy property and how you use it.

When it comes to learning about your property rights, Accredited Land Consultant Matt Davis with Cushman & Wakefield in San Diego, CA, says “In addition to the personal enjoyment you and your family may receive from spending time on your property, owning land is a tried and true way of preserving and growing wealth. By leveraging the expertise of a land professional early in your property search, you can be confident you know what you are buying, what rights others may have that impact the property, and that you will be able to use the property the way you desire, for generations to come.”

The best way to learn about your property rights or to learn about the property rights of a property you are interested in purchasing is to Find A Land Consultant, like an Accredited Land Consultant, in your area with expertise in the land market.

12 replies
  1. Aubrey skinner
    Aubrey skinner says:

    KOOGLERS RANCH 273 SW WAKONDA BEACH RD WALDPORT OREGON ,,,,,AGAINST FEDERAL JUDGES ORDERS LINCOLN COUNTY SHERIFFS VIOLATED ALL ORDERS OF FEDERAL COURTS AND STRONG ARMED US OFF THE PROPERTY …AND THEY BURNED OUR BARN TO THE GROUND A D EVERYTHING IN THE HOUSE WAS PILED IN THE FEILD AND BURNT IT TO ALL RECORDS ALTERED FORGED AND WORSE ….JOHN HOCKEMA DICK MURRY AND JOE PENZOLA ALL OUR WORKING TOGETHER ON PROPERTIES AND ASSETS OF THE PROPERTIES AND THEY TODATE OUR STILL CLEAR CUTTING THE MEADOW TIMBER LAND AND PUNCHING ROADS EVERYWHERE ON AND AROUND OUR PROPERTY GOOGLE EARTH IT ITS DISGUSTING AND ALL BRANCHES OF ENFORCEMENT OUR AND HAVE allowed it …..ETHICS COMITTEE IVE JUST REPORTED IT TO IF THERE IS ANYTHING ELSE I CAN DO PLEASE LET ME KNOW ….they are constantly conspiring against me attempts on my life and created cause investigation based on false reporting is a Dailey problem it’s really hard to fight when they keep you constantly defending yourself VIOLATIONS OF PRIVATE PROPERTY USE AND VIOLATIONS UPON VIOLATIONS UPON FEDERAL CRIMES AGAINST ME AND THE AGREEMENTS FROM OREGON PULP AND PAPER CORP WHEN POWER LINES INSTALLED THEY HAD TO CROSS OUR LAND TO DO IT SO THEY APPLIED A INSURANCE POLICY TO ENTIRETY OF THE LAND AND IT ASIGHNS FOREVER TO JOHN ELSWORTH KOOGLER AND HEIRS OF THE FAMILY IM THE LAST KNOWN HEIR AUBREY SKINNER WALDPORT OREGON 3605601087 HELP ME FIGHT LINCOLN COUNTY CORRUPTION AND THERE INTERESTS IN PRIVATE LAND WITH TIMBER ON IT ….

    Reply
  2. sammeadow
    sammeadow says:

    In certain cases ownership may be lost to the public interest. Private real estate may be confiscated or used for public purposes, for example to build a road.

    Reply
  3. Lorenso
    Lorenso says:

    Ok my dad and mom bought 2 1/2 acers of land well m got told that we needed to devied the property to set a trailer on it so my dad devided it.then when my dad past my sister sold it but the property was in my mom’s name the blue prints that my sister has or had just devided the property my mom is still paying taxes on the property and my sister sold it plus there is still a lean on it Is it posiba that she can sell it with out my mom’s signiter?can she sell without the deed or my mom’s sinister or con sent some one please because my mom is the rightful owner

    Reply

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  1. […] of what you want on your land without neighborhood covenants and restrictions, then once again, buying your own private land is probably a good choice for […]

  2. […] either. Assuming zoning laws will allow it, there isn’t much you can’t do with your own private property. Just make sure to work with a qualified land agent so you know the property’s highest and best […]

  3. […] you buy hunting land, you get to enjoy your private property without following another property owner’s rules. That opportunity has obvious appeal to anyone […]

  4. […] of what you want on your land without neighborhood covenants and restrictions, then once again, buying your own private land is probably a good choice for […]

  5. […] of what you want on your land without neighborhood covenants and restrictions, then once again, buying your own private land is probably a good choice for […]

  6. […] post Landownership Basics: Private Property Rights appeared first on REALTORS® Land […]

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