Understanding Land: Knowing Your Real Property

Land refers to any part of the Earth’s surface. Legal frameworks often distinguish between land and water for clarity in property ownership and jurisdiction. This guide explores every aspect of land ownership from the legal definition of land to air rights and property improvements.

The Extent of Land as Real Property

Real property includes the land along with any permanent structures or improvements attached to the land. It typically extends to the surface of the Earth but can also include various rights such as air rights.

Example: Ownership Boundaries

Consider owning a plot of land. Legally, your ownership might be presented as shown in Figure 104:

• Extent of land as REAL PROPERTY may extend down to the core of the earth and up to a legally defined altitude. This specific legal definition creates clarity in ownership scope and means any usage above or below this altitude would require additional rights (e.g., mineral rights for underground usage).
• AIR RIGHTS: You might own the land but can have limited air rights, meaning ownership extends only up to a certain altitude. Beyond this level, the space might be controlled by local or federal government jurisdictions or other entities.
• IMPROVEMENTS: Any enhancements made to the land, such as buildings, roads, or utilities are considered separate from the raw land itself yet contribute to total property value and usability.

Detailed Example

Imagine you purchased a land plot in an urban setting:

• Surface Area Control: Your ownership is defined by the surface area you control. You are responsible for anything resting on this surface, like planted trees or soil conditions.
• Air Rights and Limitations: Ownership might include air rights only up to 500 feet above ground level. Beyond this, you would need additional clearance to erect structures like skyscrapers or tall antennas. Air rights can often be negotiated, sold, or leased separately, opening opportunities for development or revenue streams.
• Improvements: Suppose you decided to build a house on the land. The construction signifies an improvement. Thus, making this land more valuable and functional. Side benefits include the rise in market value and potential tax benefits.

Frequently Asked Questions

Q: What exactly are Air Rights?

A: Air rights refer to the ability to use, control, or occupy the space above a given land plot – often defined by vertical measure, separated in legal property claims.

Q: How are Improvements different from Land?

A: Land itself is the raw terrain in ownership. Improvements include any man-made changes or developments like buildings, roadways, or utilities, which significantly modify and may enhance land value.

Q: Can land ownership include everything underground?

A: Often, Yes, but sometimes specific rights such as mineral, oil, or water extraction require separate ownership or leases. Contracts and property deeds will provide precise detail on these rights.

Related Terms: Air Rights, Property Improvements, Earth’s Surface, Land Use.