Property Law Lecture 2 (Part 2) Deep Dive: Ownership, Use, and Transfer of Property

Law School

Lecture 2 Summary - Property: Ownership, Use, and Transfer

I. Core Concepts

• Ownership vs. Possession: While ownership is the legal right to control, use, and dispose of property, possession is the physical control or occupancy of it. Possession can be evidence of ownership but is not conclusive, as in the case of a tenant.

• Ownership Types: Ownership can be legal (formal title) or equitable (beneficial interest, as in trusts).

II. Land Use and Zoning

• Land Use Regulations: These regulations, primarily zoning laws, balance private property rights with public interests like environmental protection and urban planning.

• Zoning Laws: These laws divide land into zones (e.g., residential, commercial) and specify permitted activities within each zone. Zoning promotes orderly development, protects property values, and encourages environmental responsibility, but it can also lead to economic and racial segregation.

• Eminent Domain: This is the government's power to take private property for public use with just compensation. The definition of "public use" has expanded over time and can now include economic redevelopment projects, which is controversial as it can prioritize corporate interests over individual rights and disproportionately affect low-income and minority communities.

III. Private Land Use Controls

• Easements: These grant one party the right to use another's property for a specific purpose. They can be appurtenant (benefitting specific land) or in gross (benefitting an individual or entity).

• Covenants: These are contractual agreements restricting or mandating land uses.

• Equitable Servitudes: These are similar to covenants but are enforced through equitable remedies.

• Nuisance Law: This addresses conflicts arising from one property owner's use interfering with another's enjoyment of their property. Nuisances can be private (affecting specific individuals) or public (affecting the broader community).

IV. Transfer of Property

• Voluntary Transfers: These occur primarily through deeds, which are written instruments that transfer ownership. Types of deeds include general warranty (highest protection for the buyer), special warranty (limited protection), and quitclaim (no warranties).

• Involuntary Transfers: These can occur through foreclosure (forced sale to satisfy debt), tax sales (government seizure for unpaid taxes), or escheat (property goes to the state if the owner dies without heirs or a will).

• Contracts for Sale and Escrow: These are used in the property transfer process, with escrow involving a neutral third party holding funds and documents until all conditions are met. Title searches and title insurance are also important aspects of property transfer.

V. Conclusion

Property law involves balancing individual rights with societal interests. This lecture provided an overview of core property law concepts, and future lectures will explore topics like mortgages, landlord-tenant law, and environmental regulations.