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Real Estate Property Rights

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Fee Simple Absolute

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The most complete ownership in property, giving the holder full possessory rights and powers to use or dispose of the property without any limitations.

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Easement

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A non-possessory right to use a portion of another's property for a specific purpose, such as a driveway or utility line.

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Life Estate

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A limited property interest that lasts for the lifetime of the individual holding it, after which the property reverts to the grantor or a named remainderman.

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Zoning

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A set of laws regulating the use of land and structures built upon it, affecting building types, sizes, and uses permitted in certain areas.

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Mineral Rights

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The rights to extract minerals (such as oil, gas, and metals) from the land, which can be sold or leased separately from the land itself.

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Riparian Rights

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Rights of property owners whose land borders natural watercourses, relating to the use of the water and the land beneath the water.

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Adverse Possession

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The process by which someone may acquire legal ownership of a property by possessing it openly and continuously for a statutory period, without the consent of the original owner.

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Eminent Domain

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The power of the government to take private property for public use, with compensation provided to the owner.

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Air Rights

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The right to control, occupy, or use the vertical space above a property, which can be important in dense urban environments.

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Restrictive Covenants

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Private agreements that restrict the use or occupancy of real property, which are enforceable against subsequent property owners.

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Homestead

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A legal regime designed to protect the value of the homes of residents from property taxes, creditors, and circumstances arising from the death of the homeowner spouse.

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Joint Tenancy

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A form of property co-ownership where each party owns an undivided interest with the right of survivorship, so upon one owner's death, their share passes to the other co-owners.

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Tenancy by the Entirety

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Similar to joint tenancy, but available only to married couples, offering protection from creditors provided one spouse is not complicit in fraud or criminal activity.

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Tenancy in Common

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A form of co-ownership where parties own individual shares that can be sold or bequeathed independently.

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Quiet Title Action

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A lawsuit filed to establish ownership or to remove a cloud on the title of the property, affirming or quieting any challenges or claims to the title.

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Condemnation

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The process of taking private property for public use through the power of eminent domain, often involving compensation assessments and legal challenges.

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Encroachment

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An intrusion or illegal extension of a building or other improvements onto the property of another, often leading to disputes and the need for removal or rectification.

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Escheat

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The reversion of property to the state when an individual dies without heirs or a will, ensuring that property is not left in 'limbo'.

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Tax Lien

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A legal claim by a government entity against a property when the owner fails to pay property taxes, potentially leading to a tax lien sale or foreclosure.

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Lis Pendens

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A written notice that a lawsuit involving a claim on a property has been filed, which may affect the ability to sell or finance the property.

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