|
|
|
 When you buy a home, you’re
buying more than just the house and the land it sits on. Many homeowners
don’t know the legal rights they have to their property. Before you buy
another home, check into the rights and restrictions involved with the
property. Air Rights If you own a condominium or co-op, you don’t own the air above your unit or the ground below your unit. If you own a single family home, you most likely own the air above you and the ground below you, unless your deed shows those rights are owned by someone else. In addition, you may have some restrictions on those rights, such as the right for airplanes to fly through part of your sky. Ground/Subsurface Rights When you purchase land or a home in mining areas, check the ownership of the subsurface. Some original owners retain mineral rights to the land. This means if gold, minerals, or oil are found, they own it—not you. Riparian Rights Riparian rights apply to the fortunate owners who overlook a river. If a river is navigable, you probably own the land up to the water’s edge. If the river is non-navigable, you may own the land and the water to the center of the river. Since Riparian rights are usually determined at the local level, it’s important to check out your rights prior to contracting on a property. |
These rights could affect your use of the water and placements of piers
and gazebos. Littoral Rights If you own a home on a sea or lake, you’ll need to investigate your littoral rights. Many times, you’ll own up to the high water mark and the government owns the rest. Deed Restrictions When you buy your property, you may be agreeing to restrictions that serve the development as a whole. In fact, most planned communities have restrictions, covenants, and conditions associated with living there. These may include the types of improvements you can make or the colors you can paint your home. Easements An easement allows another to use your land for a particular use. For instance, your neighbor may have been granted the ability to use your driveway in order to gain access to their property. Even though you own the land, they have the right to use the private road or driveway. The key is to examine your rights and restrictions prior to buying a home. Once you’ve purchased the property and signed away your rights or agreed to restrictions, you’re stuck with them. As always, if I can answer any questions or concerns that you have, please do not hesitate to contact me. |
