...Agriculture Conservation Easement in the State of Wisconsin? Introduction Wisconsin chapter 709 disclosures by owners of real estate highlight the issue of agriculture conservation easement. A conservation easement is a deed restriction landowners voluntarily place on their property to protect resources. Tax Incentives Through the Purchase of Agricultural Conservation Easements program, Wisconsin will provide funding to cooperating local governments or non-profit organizations to purchase easements from willing landowners. Land with an agricultural conservation easement cannot be developed for any purpose that would prevent its use for agriculture. Wisconsin provides property tax incentives, allowing donors to deduct the value of the easement from the assessed value of the property. Fair Market Value The development approach is used by appraisers to value vacant land that has the potential for development as a subdivision when that use represents the likely highest and best use of the land. The courts' treatment of the development approach is best understood against the backdrop of highest and best use jurisprudence, which reflects the tension between the recognition that the fair market value of land is often based upon its potential as well as actual uses, and the legal requirement that valuations in takings cases be based upon reasonable probabilities rather than speculation or assumption. Conclusion Being a buyer of vacant land under Wisconsin Easement has its incentives...
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...This is a 2-hour exam; one essay and 20/25 questions CHECKLIST Do the questions first; then spend the rest of the time on the essay. Things grader looks for: Need a nice IRAC; issue spotting; I. Land Acquisition – TWO or more people fighting over property A. Adverse possession: To constitute adverse possession, there must be actual possession which is uninterrupted, open and notorious, hostile and exclusive, and under a claim of right made in good faith for the statutory period. Possession for a statutory period of time can ripen into title. 1. Elements: COAH a. Actual Possession: Actual means that the possession must be such that the community would reasonably regard the adverse possessor as the owner; the possessor must show an actual entry that gives exclusive possession of the land and does not have the owner’s permission to be there. The possessor’s subjective state of mind is irrelevant. b. Uninterrupted: Continuity of possession may be established although the land is used regularly for only a certain period each year. It is not necessary that the occupant should be actually upon the premises continually. If the land is occupied during the period of time during the year it is capable of use, there is sufficient continuity. Thus, summer occupancy only of a summer beach home does not destroy the continuity of possession required. c. Open and Notorious: The acts of the adverse possessor are...
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...Real Property Essay To answer the question of whether Teri can stop Kevin from using his colonial as an art gallery, we need to look to the law of equitable servitudes. This is because Teri seeks an injunction to stop Kevin from using the colonial as a business. Like real covenants, equitable servitudes restrict the right to use land. If there is an equitable servitude in place, Teri will be able to restrict Kevin's right to use the land. However, there are several elements needed for an equitable servitude to be in existence. For an equitable servitude to be enforced at equity, there must be (1) an intent for the restriction to be enforceable by successors-in-interest for the benefit to run and enforceable against successors-in-interest for the burden to run; (2) he person against whom the servitude is to be enforced must have notice (whether actual, record, or inquiry notice) of the servitude; and (3) The servitude must touch and concern the land. There is NO privity requirement for equitable servitudes. In apply the facts to the law, we see that the situation satisfies step one in that Paul made a promise to Teri that the colonial would not be used for any other purpose other than a family dwelling and that the contract would be binding to Phil's heirs and successors. Step two is also satisfied on two accounts. First, the contract is properly recorded with the Register of Deeds, and second Teri tells Kevin outright that the contract between her and Phil totally prohibited...
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...Chapter 50 1. Which of the following is NOT essential to the transfer of real estate by deed? Signature of the Grantee. 2. Which of the following carries with it no warranties or guarantees of title? Quitclaim deed. 3. If Stan's land is condemned in order to build a subway system for the city: he must be given the fair market value of the property as of the time of the taking. 4. In order for a deed to be effective between the seller and purchaser, the deed must: be in writing, signed by the seller, and delivered to the buyer with the intent to transfer title. 5. The seller's warranty that he has marketable title to the land would be breached if the buyer discovers: a lien on the land. a defect in the chain of title. a lease on the premises. All of the above. 6. The action through which the mortgage holder takes the property from the mortgagor, ends the mortgagor’s rights in the property, and sells the property to pay the mortgage debt is: foreclosure. 7. The elements of adverse possession include: continuous, open, actual, and exclusive of the true owner. 8. A typical enabling statute grants municipalities which of the following power(s)? To establish setback lines. To limit the intensity of use of lot areas. To restrict the location of industries and trades. All of the above. 9. Marketable title means that the title is free from which of the following? Encumbrances. Defects in the chain of title appearing in the land records. Events depriving...
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...Commonwealth Act No. 141 of 1936 AND AN ACT TO AMEND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN TITLE I TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION CHAPTER I Short Title of the Act, Lands to Which it Applies, and Officers Charged With Its Execution SECTION 1. The short title of this Act shall be "The Public Land Act. SECTION 2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called "friar lands'' and those which, being privately owned, have reverted to or become the property of the Commonwealth of the Philippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted. SECTION 3. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate control. SECTION 4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to questions of fact shall be conclusive...
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...mLands and Survey Department (DLS) Vocabulary (Arabic - English) Part I: Legal and registration and administrative terms Introduction: This terminology and the vocabulary are chosen from "complex languages" developed by the former Jerwan, which is located at about 1200 pages. Although this dictionary (as in the original lexicon) is arranged alphabetically, some entries are followed by expressions related to but not starting with the same letter, for example: - Revocation Revocation request Defeasible - Contact Communication channel The main entrances in the original lexicon typed bold and distinguished which –unfortunately- aren't in this brief Manual. We hope to remedy that in the subsequent audit. Hoping to issue the second part of survey and computer terminology, which are frequently used in the work of our department. Prepared by : E. Husam Madanat . Printed by : Miss Shifa'a Alaween. 15/1/2003 حرف ( أ ) |عربي |إنجليزي | |ARABIC |EINGLISH | |ابجدي : حسب الابجدية |Alphabetic, alphabetical | |ابرم (عقدا الخ ) |To conclude | |ابطال ...
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...Deborah Rodriguez January 13, 2014 Real Estate Law Assignment – Unit 1 RE: Adverse Possession California Code of Civil Procedure § 321. Possession, when presumed: Occupation deemed under legal title, unless adverse. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action. § 322. Occupation under written instrument or judgment, when deemed adverse. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract...
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...CAVEATS (To Prevent Registration of Dealings) Caveat is a Latin word meaning “Let him beware.” The Registration of Titles Act (RTA) contains provisions, Section 139, whereby any person claiming an interest or estate in land may lodge a caveat to protect his interest. The caveat is an injunction to the Registrar of Titles restraining the registration of any dealing affecting the ownership of the land without notifying the Caveator. A Caveat must be in substantial compliance with the RTA in order to be valid and is received by the Registrar. It is not an instrument and is not registrable. A party dealing with a registered proprietor will know of the caveat only from a search of the Certificate of Title from the Registrar. Caveator The name, address and description of the person who is claiming an interest in the land is required. Nature of the Estate or Interest Claimed The nature of the interest claimed should be clearly and concisely expressed. An equitable interest or estate without more detail is insufficient. The estate or interest claimed must be stated in the Caveat Form (see Thirteenth Schedule). In the absence of fraud (actual not constructive) all estates and interests in land prior to first registration are vitiated or extinguished with the exception of certain Crown rights and a tenant for a term not exceeding three years. Only a person having or claiming to have some recognized legal or equitable estate interest in land or a beneficiary can be a Caveator. The...
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...A Squatter – friend or foe? On the 1st of September 2012, England and Wales passed legislation criminalising all acts of squatting, subjecting squatters to arrest, fine and imprisonment. Will Ireland follow in this direction? At first glance, it seems that there are no rationales to the law of adverse possession and that squatter’s rights fly in the face of common sense, depriving the ordinary citizen of his right to peaceful enjoyment of his property and granting to the squatter an undeserved benefit. The potential abuse of this right is that which motivated the change of legislation in the UK. However the position of the Irish courts is to look more closely at the rights, and analyze their effect within a rural Irish setting. It appears that within this setting, adverse possession does in fact, indirectly benefit the community in which the squatter resides. Nevertheless, it is accepted that rights of adverse possession are open to abuse. In attempting to discourage potential abuse, the law provides that a squatter must be in uninterrupted possession of private property for a minimum of twelve years before ownership rights can be claimed. The law also recognises all acts of interruption by or on behalf of the owner, no matter how slight, as sufficient in order to restart the twelve year clock running again as against the squatter. For example, acts of painting doors, fences, entering with a key and gardening. In this regard, only property which has been absolutely...
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...Verde River The Verde River is a valuable resource in Arizona. In a state where perpetual flowing water is rare, the riparian haven of the Verde River stands out against the dry uplands through which it meanders. The river begins below the damn at Sullivan Lake, southwest of Flagstaff. It twist and turns southeastward 195 miles through private, state, tribal, and federal lands to the confluence with the Salt River. The river and vegetation provide habitat for many wildlife and fish species. Many aquatic, terrestrial, arboreal and aerial animal species depend upon the river and its streams (“Verde River Watershed Conservation Plan,” 2009). Included within the Verde River’s flora and fauna are plants and animal listed as threatened or endangered by Arizona or the federal government. Watershed Conservation Plan The Verde River Watershed Conservation Plan is an effort by The Nature Conservancy to implement the most effective actions for maintaining or restoring the native plants and animals of this watershed. While this preservation is vital to wildlife and recreation in Arizona, it is also necessary to the vigor of the river’s water flow, which serves many communities downstream. The constant need for water is placing pressure on the watershed. The looming development of the aquifer which feeds the Verde River could potentially reduce the flow of water not only to the downstream communities, but to the plant and animals that rely on it. During the yearlong planning process...
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...November 2, 2013 The Nature Conservancy Maximizing Personal and Collective Performance Part 1: Please describe the strengths of the change initiative that Steve McCormick implemented at The Nature Conservancy during his tenure. Steve McCormick developed a concept called the “Change Team”. This team consisted of a group of leaders that were to assist him in his proposed plan of increased accountability, cohesiveness of the organization and uniformity of missions and core values on the global scale. By choosing, assigning and eventually involving all key players throughout the organization, a strength of McCormick’s was his ability to be a facilitator during this broad scale change. A critical strength of Steve McCormick’s change initiative was his ability as Innovator and visionary. His ability to realign The Nature Conservancy with its stated mission of “protecting the diversity of life on Earth” lies in his capability to think creatively and create change. His assessment of the organizational state and the initiatives he undertook to bring the organization to the new global challenges were on target and appropriate for that time and situational position of the Conservancy. In the beginning of his tenure, Steve told staff that they needed to act on the global mission and that they could no longer fulfill that promise by spending 80 percent of our resources in the United States, where only 20 percent of the biodiversity...
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...ISSUES PRESENTED I. Does Happy Valley Hiking Club have a claim for a public easement by implied dedication that would require the ranchers to restore public access to Happy Valley? II. Does Mr. Plaint have an individual claim for a private prescriptive easement to Happy against the ranchers? III. Are the ranchers liable for any injuries to the public obtained during recreational use of Happy Valley trail? SHORT ANSWERS I. Happy Valley Hiking Club has a claim to a public easement by implied dedication and may enjoin the ranchers from prohibiting access to Happy Valley trail. II. Mr. Plaint does not have an individual claim for private prescriptive easement rights and would not be able to enjoin the ranchers from prohibiting access to Happy...
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...Question | Answer | A break in the chain of title is considered a serious title defect | True | A common owner can waive his or her right to partition | True | A common owner cannot waive his or her right to partition | False | A corporate seller should provide the purchaser with a corporate resolution | True | A deed need not have consideration to be valid | False | A deed that covenants only against the lawful claims of people claiming by, though, or under the grantor is a limited warranty deed | True | A default by a landlord under the lease generally gives the tenant the right to | Sue the landlord for performance | A determination as to whether property is located in a flood hazard zone is made by the title examiner | False | A farm owner who gives a person permission to fish in his lake gives the person | License | A fee simple absolute estate has a potential infinite duration and unrestricted inheritability | True | A fee simple on condition subsequent estate automatically expires on the happening or nonhappening of the event stated in the deed of conveyance or the will creating the estate | False | A fixture is classified as real property | True | A foreign person affidavit is for the benefit of the purchaser | True | A foreign person affidavit is for the benefit of the seller | False | A foreign person affidavit is signed by the purchaser | False | A foreign person affidavit is signed by the seller | True | A hazard waste indemnity found...
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...Arkansas Power and Light | | | 5/29/2012 | | Easement is when one person is given the right to enter land belonging to another and make a limited use of it, without taking anything away (Beatty & Samuelson, 2010). There are two ways easements can be created by property managers and one is by a grant while the other one is by a reservation. By Arkansas Power and Light obtaining “flood easements” on the property adjoining the lakes it permitted them to clear of trees, brush, and other obstructions and to submerge by water certain acreage. Judging the fact that Arkansas Power and Light obtained the flooding easements between 1923 and 1947 and this documentation was properly recorded on file when the new landowners purchased the lakeside property, I definitely do believe that those easements relieve them from liability for flooding. These are types of interests that never involve possession. The reservation and grant occurred when Arkansas Power and Light sold the lakeside property but kept some right to enter the property. The seller of a home must disclose facts that a buyer does not know and cannot readily observe if they materially affect the property’s value (Beatty & Samuelson, 2010). When Arkansas Power and Light sold the property to the current landowners they made sure they were informed and aware of the documents recorded of the easement. The main purpose of a flood easement is to allow a company when necessary to flood land to protect residents...
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...abandons it: does it go to the government, or to the private party who acquired the land underlying the right of way? Legal Rule: The legal rule in question here is the General Railroad Right-of-Way Act of 1875. According to Roberts, the United States lost its case mainly because it had successfully argued in Great Northern Railway Co. v. United States that 1875 Act rights of way were easements. In that case Great...
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