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Under this system the previous owner who the record shows is still the owner has the power to convey good title to an innocent third party unless and until the new owner records the transaction. This is the system that prevails in most jurisdictions in the United States for land and under the French system of registration for transfers of land.
In Stuart v. D’Ascenz,1 the Colorado Court of Appeals ruled that a lease provision providing that the tenant had the right of first refusal for a specified price with respect to a sale of the property granted only a right of first refusal and not an option to purchase. The facts in this case were straightforward.
Jan 25, 2019 · Updated on 30.11.20. In essence, an interest in land is a right (or a “bundle” of rights) that someone has in, against, under or over – or with respect to – a parcel of land. If the person holding the interest in land is the current owner of the land itself, then the “interest” means “simply” ownership of that land.
Dec 21, 2020 · In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
other hand, future interests initially created in third parties can change to other types of interests which can be held by third parties. Thus, a contingent remainder can become a vested remainder when the conditions for vesting are fulfilled, and an executory interest can become a remainder. See further
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The state as owner of the submerged land adjacent to littoral property has the right to fill that land, so long as it does not interfere with the rights of the public and of littoral landowners. Also, if an avulsion exposes land seaward of littoral property that had previously been submerged, that land belongs to the state even if it interrupts the littoral owner's contact with the water.
