Property rights and commerce collide when oil trains pass by p2
10/14/2015 | Real Estate Blog
Land use policy is — or should be — geared toward achieving the property’s highest and best use. The problem is that policymakers may disagree on what exactly the highest and best use is. Take Philly’s waterfront: At one time, factories and an enormous shipyard provided the most value to the landowners and the community. Over time, our understanding of value came to include the environmental toll and the noneconomic benefits of open spaces in a big city.
Property rights and commerce collide when oil trains pass by
10/11/2015 | Real Estate Blog
We have written about property rights (the “bundle of sticks”) in the past, and we have written about railroads and property rights. When railroad tracks or public roads lie adjacent to private land, there is always the potential for a property rights dispute, and those disputes boil down to one key issue: While railroads are a critical part of the country’s infrastructure, the owners of property near a railroad have the right to demand assurances that they and their property […]
I’ll be back (on your property): Can an easement be terminated? p3
10/9/2015 | Real Estate Blog
We are wrapping up our discussion about terminating easements. Generally, an easement will terminate when it is no longer needed or at a time agreed on by the dominant and servient property owners. (Remember, the servient property owner grants permission to use the land to the dominant property owner.) Because an easement is limited to the purpose agreed on, the dominant party cannot convert the easement into something else and cannot continue to use the easement after the purpose no […]
Could a title dispute threaten the value of your investment?
10/7/2015 | Real Estate Blog
Clear title is essential to owning real estate, whether you’re buying a home, purchasing a warehouse or investing in an oilfield. Although it doesn’t always seem obvious, a central question in any real estate transaction is always whether the seller actually has secure title to pass to the buyer. In most cases, there is little reason to doubt the buyer’s full rights to the property, so many people go through the purchase and sale process without really thinking about title […]
I’ll be back (on your property): Can an easement be terminated? p2
10/2/2015 | Real Estate Blog
We are picking up the discussion about easements from our Sept. 21 post. An easement is one person’s protected right to use another person’s real property. There are a number of different ways to establish an easement, and there are a number of different types of easement. When we left off, we were talking about an easement created by grant: Property owners along a stretch of road granted the city the right to build a bike path that partially encroached […]
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