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Real Estate Owners’ Rights

Real Estate Owners’ Rights
An owner of real estate has the right to use the realty for any purpose and in any way that does not conflict with local statutes, ordinances, and zoning laws and any restrictive covenants. As long as the owner complies with those restrictions, the owner has the right to sell the property, to give it away by gift or by will, to exchange it, and to exclude others.

Sale, Gift, or Inheritance
The realty owner has the right to enter into contracts for the sale of the property. Under some circumstances, a realty owner does not hold title to the entire parcel. In that case, the owner must either join with other owners to transfer the property or file suit for partition and sale.

An owner may also give the property to someone else. The gift might be outright or it may be in the form of a living will, an irrevocable trust, a testamentary bequest, or a testamentary trust. In any form, the gift must show that the owner had a donative intent to make a present and immediate transfer of the property without receiving anything in return.

Exclude Others
An owner has a right to exclude others from possessing or using the property in any way that is contrary to the owner’s will. This means that an owner has the right to keep his or her property private from others’ interference. If a neighboring landowner builds a fence or a structure that encroaches on the owner’s property, the owner has a right to have the fence or structure removed or relocated; however, the owner will most likely have to resort to the courts for enforcement of the privacy right.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

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