Delaware as well as the rest of the Colorado Springs Homes For Sale includes areas that are leased instead of being owned by the people who live on that area. The majority of the land is not apparent to the casual observer.
The land surrounding Lewes Beach is leased, not owned by homeowners. The land at Lewes Beach belongs to the town of Lewes. The Rehoboth by the Sea as well as Dewey Beach include leased land as well. The majority of leases on the land will not be renewed, but they will be returned to the owners , and the homes that sit on the land on top will be removed by homeowners at their own cost. A large portion of the land that is located in Riverdale is located is located on Indian River Bay, adjacent to Oak Orchard is leased as well. In Riverdale the land that is leased is the property of the Chief Clark from the Nanticoke Indians.
There are about half of the population in Sussex County living on leased land. Most of that lease-land is in what is known as mobile homes or communities. In those communities, there are hardly any homes that are truly mobile , and there are even two-story stick-built houses on lease-land in these communities. Townhouses and condominiums can be found on lease land too. Many find this quite confusing.
The term fee simple is used by Realtors and Attorneys use the term fee simple to refer to the land that is transferred as real property which is also known as real estate. We have used the term leasehold property or leasehold in order to describe land that isn’t being transferred to real estate.
This long text discusses Leased Land, Real Estate, Private Property, Chattels, Mobile Homes, Homes on Leased Land and a legal dissertation that helps define, define and identify the distinctions.
The use of terminology is crucial when it comes to discussing Real Estate, i.e. real property.
The Black’s Law Dictionary is the recognized authoritative source for legal definitions of the law of our American Law; which is taken from English Law
PROPERTY Legally speaking, property is in the strictest sense, a collection of rights that are secured and protected by the government. Bl6 page. 1216.
Personal property, also known as chattels or property that isn’t connected with real property. Bl6, p. 1144
Property: (personal property) – In the broadest and most general terms, anything that is subject to ownership and is not falling to the category as real estate. An interest, right, or right lower than the freehold of real estate or any other right or interest that is based on things that are movable. The BL6 1217, p. 1217.
Personal property is the property that is easily removed from real estate which is not considered real estate. Personal property can include the land, trees, plants trailers, sheds mobile homes, cars manufactured houses that carry the Department of Motor Vehicle title in lieu of a deed as well as the items in a house or construction. When it comes to a commercial or residential property, personal property, it includes drapes and lighting fixtures, rugs (not carpets that have been installed) free-standing cabinets and cabinets furniture, as well as the contents of drawers, closets and structures. The structures that do not have a foundation, which is sheds that are supported only by blocks, are chattel property. They are personal propertyand is they aren’t part of the property. Chattel property includes pet houses, particularly those tiny storage structures that are found in the outside of houses today.
Lands In the broadest sense, it encompasses all earth, soil, or ground in any way…”Black’s Law” dictionary, 6th Edition. (BL6), p.877
Private property, which is protected from being used for public use is property that is solely owned by an individualand for which the owner has the exclusive right to dispose. Property of a particular permanent and tangible nature that is capable of being owned and transferable to another such as lands, houses and chattels. The BL6 Chapter. 1217. Private property includes houses, land and chattels. Private property is secure from being used to use for public benefit. Private property is completely owned by the owner.
REAL ESTATE is synonymous with property” and p.1218 REAL PROPERTY … A general term for lands, tenements, hereditaments (those things which are hereditary); which on the death of the owner intestate, passes to his heir.” BL6, p1263
ESTATE: The amount in quantity, quality, and the amount of interest that an individual holds in REAL and personal property. An estate in lands and tenements, as well as hereditaments, is a sign of the interest that the tenant is entitled to it. The BL6 definition is p.547 All of the definitions in this document relate to:”real estate” = property estate, lands, hereditaments, tenements, and lands. At first, one may consider that “real property” is the correct term for all lands. But it doesn’t define the method of ownership and clearly define the concept of estate. We recently had a massive example of this when hundreds of land parcels leased that were in the homes of a few thousand residents, located situated in Angola, Pots Nets, and Long Neck areas owned by the Robert Tunnel family was inherited by their children of the family.
IN OUR AREA THERE ARE NUMEROUS LEASED LAND PROPERTIES AND THOSE PROPERTIES ARE THE REAL ESTATE OF THE OWNER OF THE LAND – NOT THE OWNER OF THE HOME WHICH IS UPON THAT LAND. If you study the definition of ESTATE it is a reference to interests in similar article as defined in real estate as well as real estate.
What exactly is this land and WHO owns it , and how do you own it? Land may constitute private property OR estate i.e. real estate. Estate is the interest of “real property” by a individual or a landlord. The private property of a person is held by the individual.
INTEREST: More specifically, it refers to a right that can enjoy the benefit of accruing from any thing or any right that is the nature of property but not more than title. – – BL6, p.812. According to this definition, it is clear that INTEREST can’t be considered TITLE because it is different than title. It could be a property title to land however it’s not a right that grants absolute title to land. People who live on lease land, therefore, are only entitled to an ownership interest on the property and the interest is a leasehold interest. Does there exist a definition of property that states it’s the land that is owned in absolute possession like the definition of private property? It is possible to explore this further.
ABSOLUTE TITLE is a term that refers to land title or land, an exclusive title or at the very least, an exclusive title that is exclusive of all other titles that are that are not compatible with it. Absolute title to land is not possible simultaneously in different people or under different government bodies. BL6, p.1485
Private property – … can be defined as the property that is owned by an individualand for which he owns the sole right to dispose. BL6, p.1217
OWN – To own an appropriate legal title; to be held as property; to hold an official or rightful title to; hold; possess. The BL6, page. 1105. “Owning” is to “own” is to have title. A interest is LESS than title.
ESTATE: The level of, the amount, and nature amount of interest an individual has in his or her personal and real estate. An estate that includes the form of lands, tenements and hereditaments is a sign of the interest the tenant is entitled to it. The BL6 definition is p.547 Based on the above definitions it’s clear that we don’t have the right to “own” real estate. We are only allowed to have an eligible ownership of a qualified and detailed the ownership Real Estate. This is why we need a Deed Description to define it and define it. The ownership is also governed by various rights granted by the government or decrees, laws and decrees dating back to antiquity, like rights against infringing. The ownership is governed by zoning, taxation rights of access, and a multitude of other related entailments. It is therefore necessary to conduct an investigation of the title to discover those entailments, some that aren’t visible.
There is therefore not any difference in the rights and benefits that come with ownership or interest, as some are believed to be. I am not a issue with people who reside on lease land , instead of having the land for themselves. Most of the time, they pay less than what it would cost to own the property. However, they seldom gain any value from the land. The owner is the one who gets the increase in value, while the owner will enjoy their lifestyle for less per month or per year.
However, the lease interest is not transferable automatically and is not Real Estate and since the chattel property on it this mobile house is considered personal property that is not a subject to a deed, but it does have an ownership title. Realtors are not legally required to participate in the selling of such property, but we do. We’re supposed to be selling real estate. It’s all fogy and cloudy doesn’t it. This is the reason there are businesses and people who offer mobile homes for sale on land leased to tenants who aren’t realtors and don’t require to be. Although no one is willing to discuss the issue, realtors aren’t allowed to market mobile home that are on lease land. There is no need to be in the same battle than I have done by writing about it.
Ownership: The total title, dominion, or proprietary, as well as the rights to a thing as well as a claims… The ownership of property is unqualified or absolute. The property’s ownership is absolute when one person is the sole owner and is able to use and dispose of it as his wishes, subject to the general laws. The ownership qualifies by sharing it by at least one person and the duration of enjoyment is delayed or restricted, or the use is limited. (BL6 1106 p. 1106 Sharing is typical of husband and spouse family members, partners, family and corporations, for example.
DOMINION – The most commonly used to mean “dominion” is perfect control in the right of ownership. It refers to both possession and title, and is believed to require complete control of control over the disposition. – – – BL6, p. 486 I’m sure you’ll agree that zoning, building codes, homeowner covenants, condominium documents of use, and business licenses are a limitation on the usage of the land (if the land is Real Estate). There is also the possibility that failing to pay the property tax on real estate could cause the loss of that property. It’s not a 100% ownership. Private property is defined as absolute OWNERSHIP that is not an interest that is qualified (interest).