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LGST 101 Lecture 9

You own and operate it you can do whatever you want

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You own and operate it – you can do whatever you want to do with it, as long as you’re within the law o Land is yours o Caveat Zoning laws are particular about what you can and can’t do You can’t sell land for purposes that would violate zoning laws Zoning creates tax pool and protect individual’s land (maintain property values, maintain tax base) Tax pool keeps different categories together Life estate o If you own your house outright, and you die, you can leave your house to someone But that someone does not own the property And she can’t make major changes to the property She must keep property in good repair o At the same time, the someone has the use of the property for the rest of his or her life – that’s life estate o Entail (entailed life estate)
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Say you left house to wife after you die, then she dies, then you want house to be left to two sons – this is entail You can do this because you never gave up ownership of property Means that you still own property (it’s still part of your estate and you can dispose of it as you see fit) Lease o Defines landlord’s and your responsibilities o Gives you a legal right to be there (to occupy a space), unless you break contract o Landlord cannot simply lock you out, because you have the right to live there License o Different from lease o Lease gives you an inherent right to live there o License does not give you that right You can be kicked out for whatever reason All these documents tie you to the land in different ways o This tells you what your rights are Easement o Use someone’s property o Have to do this for 21 years o Then you own the right to use that land But you do not own the land o Adverse user 21 years has to be consistent and ongoing If landowner says stop, he exhibits his ownership rights, and you have to wait another 21 years to gain easement o Can sell easement No matter who you sell it to, the easement lasts for the rest of your life o Easement gives you the right to do what you’ve been doing for those 21 years o If there is a no trespassing sign or a gate, but he doesn’t enforce it, you can still get easement?
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You own and operate it you can do whatever you want to do...

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