quest 1

land tenure

Relationship between people and land (ownership, use, transfer, security, responsibilities)

Private, communal, open access, state

4 types of land tenure

private tenure

rights are assigned to private parties that can be individuals, married couples, and private and public corporations

communal tenure

rights are assigned to a community of people, each having equal rights to use

open access tenure

no oversight as to ownership rights, no one can be excluded

State tenure

land rights are assigned to public authority, whether it be a local, state, or federal government

feudal system

king owned the land, lords managed it, serfs worked it (use rights, not ownership)

Allodial system

true private ownership, foundation of U.S. land ownership, can buy, sell, exchange, option, or lease the real estate that we own

fee simple

highest ownership possible in U.S.

limited by government power

land patents

original proof of ownership in U.S.

apply, pay/admin, general land office, pres. signature

land patent process

land patent types

cash, homestead, military warrants, mineral certificates, railroad, state, etc.

royal proclamation of 1763

for French and Indian War vets

veteran grants

westward land restrictions

treaty of paris 1783

US gains 270M acres east of Mississippi

Land ordinance 1785

public lands of NW OH river surveyed into townships

1 section for schools

required surveys to be done and accepted before land could be sold

land act of 1796

• 1st comprehensive federal law after independence

• sale of public lands in OH territory

• reserved salt springs and surrounding tracts

• 1st mineral reservation in US law

act of march 3 1807

• reserved lead mines and contiguous sections from sale in public domain

• 1st explicit lead mine reservation

act of Feb 15 1811 (Louisiana territory)

• extended mineral reservations to new fed. lands in LO purchase territory

• excluded salt and lead mines

• wanted consistent policy

• resource strategy for new frontier keeping key minerals under fed control

military act of 1812

• set aside bounty lands for volunteer soldiers

• salt springs and lead mines reserved for federal use

Homestead act 1862

• 160 acres, 5 year residence and cultivation

• small filing fee

• under pres. lincoln

homestead act myth

• free land for small farmers

• build communities, strengthen democracy, reward hard work

• open to anyone willing to work

homestead act reality

• fell to railroads, speculators, and corporations

• dummy entry men

• harsh climate and isolation

• indigenous displaced

• large tracts controlled by ranching, timber, and rail companies

enlarged homestead act 1909

• 320 acres, cultivation of 1/3 withing 3 years

• dryland farms

stock raising homestead act 1916

• 640 non-irrigable acres for grazing

• fed gov maintained mineral rights

land

earth’s surface, subsurface, airspace

real estate

land plus improvements

real property

land plus rights (bundle of rights)

bundle of rights

possess, exclude, sell, lease, mortgage, will, exchange

surface rights

land, structures, vegetation, fixtures

subsurface rights

minerals, coal, oil/gas

may be severed from surface

air rights

• usable space above land

• limited by FAA and gov sovereignty

ad coelum doctrine

• ownership from “heaven to hell”

• now limited

Kola, Shenditake

deepest boreholes

air rights case 1946

• landowners entitled to immediate usable airspace ~83 ft

value of physical characteristics

immobile, unique, indestructible

value of economic characteristics

scarcity, modification, location, durability of improvements

real property

land plus permanent improvements

personal property

movable objects

encumbrance

a mortgage or other charge on property or assets.

affidavit

sworn statement