CHAPTER 26 — Real Property & Land Use

Real Property

Immovable property including land, buildings, and structures.

Land

Includes soil and all natural/artificial structures unless stated otherwise.

Plant Life and Vegetation

Crops and plants associated with land; can be sold as personal property.

Possessory Interests

Rights to possess land, such as fee simple, life estate, and leasehold.

Nonpossessory Interests

Rights to use land without possessing it (easements, profits, licenses).

Fee Simple Absolute

Highest ownership interest; unlimited duration and rights.

Nuisance

Interference with another’s use/enjoyment of their property.

Life Estate

Right to use property for the life of a specified person.

Waste

Destruction or misuse of property by a life tenant.

Concurrent Ownership

Ownership shared by two or more people.

Joint Tenancy

Ownership with right of survivorship; interest passes to surviving owner(s).

Tenancy in Common

Each owner has undivided interest; passes to heirs.

Tenancy by the Entirety

Ownership only for married couples; includes survivorship.

Community Property

Marriage property split equally between spouses.

Leasehold Estate

Right to possess property for a period without owning it.

Fixed-Term Tenancy

Lease for a specified time period.

Periodic Tenancy

Lease with no end date; renews automatically at intervals.

Tenancy at Will

Lease may be terminated anytime without notice.

Tenancy at Sufferance

Tenant wrongfully remains in possession after lease expires.

Easement

Right to limited use of another’s land (e.g., utility access).

Easement Appurtenant

Easement that benefits adjoining land; passes with property transfer.

Easement in Gross

Personal easement not tied to land ownership.

Profit

Right to enter land and remove natural resources.

License

Revocable permission to use another’s land; not a property interest.

Creation of Easement

May be created by deed, contract, will, implication, necessity, or prescription.

Prescriptive Easement

Easement gained by long-term adverse use.

Easement or Profit “Runs with the Land”

Transfers with property when sold.

Real Estate Sales Contract

Must be written and signed; outlines sale terms.

Closing

The final step where property is transferred to buyer.

Escrow

Third party holds funds/documents until contract conditions are met.

Marketable Title

Title free from major defects or litigation risks.

Implied Warranty of Habitability

Guarantees home is fit to live in (applies mainly to new homes).

Seller’s Duty to Disclose

Must reveal hidden defects affecting property value.

Hidden Defect

A problem buyer cannot reasonably discover.

Deed

Legal document transferring ownership of real property.

Grantor

Person transferring property.

Grantee

Person receiving property.

Legal Description

Exact description of land (metes and bounds).

Warranty Deed

Provides maximum protection; guarantees clear title.

Special Warranty Deed

Guarantees title only during grantor's ownership.

Quitclaim Deed

Grants whatever interest the seller has; least protection.

Grant Deed

States the grantor grants the property; limited warranties.

Recording Statutes

Require deeds to be recorded to give public notice and protect ownership.

Chain of Title

History of property ownership.

Adverse Possession

Acquiring ownership by occupying land for statutory period.

Adverse Possession Requirements

Must be actual, exclusive, open, notorious, continuous, peaceable, hostile.

Color of Title

Defective written document giving appearance of ownership.

NC Adverse Possession Periods

7 years with color of title, 20 years without, 21 years against government.

Eminent Domain

Government’s right to take private land for public use with just compensation.

Just Compensation

Fair market value paid to owner when land is taken.

Inverse Condemnation

Government takes land without compensation, forcing owner to sue.

Restrictive Covenants

Private rules limiting land use; run with the land.

Zoning Laws

Regulations on land use (residential, commercial, industrial, conservation).

Aesthetic Zoning

Zoning intended to maintain appearance or character of an area.

Adult Zoning

Zoning limiting location of adult businesses.

Variance

Permission to deviate from zoning laws when necessary.

Requirements for Variance

Must be necessary and must not alter neighborhood character.