Private property refers to the ownership of property by private parties - essentially anyone or anything other than the government. Private property may consist of real estate, buildings, objects, intellectual property (copyright, patent,...
land use & zoning law
property power
The term property power refers to the power possessed by Congress under Article IV, §3 of the Constitution. Clause 2 provides that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the...
prudent investor rule
The Prudent Investor Rule serves as a guideline for determining how to calculate interest rates in order to compensate owners who have had their property taken in Fifth Amendment takings cases.
In takings cases, a landowner’...
public property
Public property refers to property owned by the government (or its agency), rather than by a private individual or a company. It belongs to the public at large. Examples include many parks, streets, sidewalks, libraries, schools, playgrounds...
real covenant
A real covenant is a promise or obligation by a landholder that limits their use of the property, either requiring a specific act to be or not to be performed. If the covenant demands action, it is an affirmative covenant; if the covenant...
reliction
The increase in land caused by the gradual recession, shrinkage, or change in course of a body of water (such as a lake, sea, or river) which gives the owner of the riparian property more dry land. Reliction is classified as a type of a...
reservation
1) A provision in a deed which creates a new right or interest for the grantor in the conveyed real property. For example, if a grantor is selling lots that have a private road traversing it, which the grantor wants to maintain access to, the...
restriction
A restriction is any limitation on activity, by statute, regulation, contract provision, or in a conveyance. Individuals or persons seeking restrictions may be limited in what they can restrict, however. For example, a legislature cannot pass...
restrictive covenant
A restrictive covenant is a provision in a real property conveyance that limits the grantee’s use of the property. The beneficiaries of a restrictive covenant obtain rights from such covenants, and this may be the parties who agreed to the...
right of way
Right of way is the right to pass over or through real property owned by someone else, usually based upon an easement; also, “right-of-way.” The right of way may specify the parameters of the easement or may be a general right to pass over or...