Topic #3 Private Restrictions on Ownership 9/16

What are private restrictions on real estate ownership? Provide examples of those restrictions. How do these restrictions affect real estate owners?



Private restrictions are restrictions and limitations on the fee simple ownership rights that generally run with the land on real estate ownership. They can be and usually made by the government restricting the use of such land.

Types of restrictions include:
Covenants, conditions, restrictions - Are private encumbrances that limit the way a property owner can use a property

Liens - Is a claim on a property as either security for a debt or fulfillment of some monetary charge or obligation

Easements - It is a right given to one party by a landowner to use the land in a specified manner

Profit a prendre - Is a nonpossessory interest in real property that permits the holder to remove part of the soil or produce of the land

Adverse possession - Allows individuals to acquire title to land they do not own because they have openly possessed it for a statutory period of time

Encroachments - Is an unauthorized invasion or intrusion of a fixture, a building, or other improvement onto another person’s property

here is a link describing the certain types of restrictions:

http://legal-dictionary.thefreedictionary.com/Private+Land-Use+Restrictions

An example would be setting fire to the land. It is your land, why cant you set fire to if you wanted to? Well if it is near a school and the fire spread out of control, it can be a hazard. The government has many restrictions on the use of private land. Another would be that the government will allow something called an easement, which would allow a telephone company to route its line above or under someone else's private property ground. There are many restictions the government places on private real estate.

Here is a link describing how these restrictions effect owners.

http://www.alsa.ab.ca/easements-and-rights-of-way#Whatisaneasementorright-of-way

For example, an easement to allow an access road through ones land might not be a big problem, but what if that access road was in the middle of his corn crop? This would cause the owner to not harvest that section to allow the access road and therefor lose profit. These restrictions can have very negative effects on the owner of the real estate.