Real Estate, Real Property and Leased Land; Definitions, Discussion and Explanations | Real Estate

Delaware, and the rest of the original British Colonies, has some land that is leased rather than owned by the residents of that land. Much of it is not evident to the casual observer.The land on Lewes Beach is leased, not owned by the home owners. The land of Lewes Beach is owned by the Town of Lewes. The lands of Rehoboth by the Sea and Dewey Beach include leased land too. Most of the leases on that land will NOT be renewed but will return to the owners and the homes on top of that land will be removed by the home owners at their expense. Much of the land in Riverdale, on Indian River Bay, adjacent to Oak Orchard is leased as well. In Riverdale the leased land is owned by Chief Clark of the Nanticoke Indians.We have about half the inhabitants of Sussex County living on leased land; most of that leased land is found in what people call mobile home parks or communities. However, in those communities there are seldom any homes that are truly mobile and there are even two story stick built homes on some of the leased lands in those communities. Condominiums and town houses are sometimes found on leased land as well. Some folks find all this rather difficult to understand.We Realtors and Attorneys use the term fee simple to describe land that is being sold as real property; that is real estate. We used the term leased land or leasehold interest to describe land that is not transferring as real estate.This rather lengthy text is regarding Leased Land, Real Estate, Private Property, Chattels, Mobile Homes, Homes on Leased Land and a legal dissertation to define, describe and determine the differences.Terminology is important when discussing Real Estate, i.e. real property.Black’s Law Dictionary is the recognized, definitive source for legal definitions under our American Law; which is derived from English LawPROPERTY: In the strict legal sense, an aggregate of rights which are guaranteed and protected by government. BL6, p. 1216.PERSONALTY: Personal property; movable property; chattels; property that is not attached to real estate. BL6, p. 1144PROPERTY: (personal property) – In broad and general sense, everything that is the subject of ownership, not coming under the denomination of real estate. A right or interest less than a freehold in realty, or any right or interest which one has in things movable. BL6, p. 1217Therefore personal property, is that which can be easily removed from the real estate, and is not real estate. Personal property includes crops, trees, shrubs, trailers, sheds, cars, mobile homes, manufactured homes that have a Department of Motor Vehicle title instead of a deed, and the contents of a home or building. In a home or business the personal property includes drapes, lighting fixtures, rugs (not installed carpeting) free-standing cabinets and cupboards, furniture, and all the contents of closets, drawers and buildings. Buildings without a foundation, that is sheds that are just supported by blocks are chattel property, that is personal property, and not part of the real estate. Such chattel includes dog houses and particularly the little storage buildings that are so common outside of homes today.LANDS: In the most general sense, comprehends any ground, soil or earth whatsoever… Black’s Law dictionary 6th Ed. (BL6), p.877PRIVATE PROPERTY: As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. BL6, p. 1217. Private property is land, houses, and chattels. Private property is protected from being taken for public uses. Private property is owned absolutely.REAL ESTATE synonymous with real 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, p1263ESTATE: The degree, quantity, nature and extent of interest which a person has in REAL and PERSONAL property. An ESTATE in lands, tenements, and hereditaments signifies such interest as the tenant has therein. BL6, p.547 The definitions here all refer to: real estate = real property = estate = lands, tenements, and hereditaments. At first, one might think that ‘real property’ is the proper term for ‘all lands’. But it doesn’t state the manner of ownership as clearly as the definition of estate. We just had a huge instance of this when the thousands of leased land lots under the homes of several thousand people, in Angola, Pots Nets, and Long Neck areas owned by the Robert Tunnel family was inherited by the children.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 examine the definition for ESTATE it refers to an interest in the same articles defined in real property and real estate.What is this LAND and WHO owns it and HOW is it owned? Land can be private property OR estate, i.e. real estate. Estate is an interest in “real property” by a person or a tenant. Private property is owned absolutely by an individual.INTEREST: More particularly it means a right to have the advantage of accruing from anything; any right in the nature of property, but less than title. – BL6, p.812. By this definition it’s clear that INTEREST cannot be TITLE, since it is less than title. Interest may be a property right to land, but it’s not a right to absolute ownership of land. Those who live on leased land, thus, have only an interest in the land; and that interest is a lease-hold interest. Is there a definition of property that says it’s land held in absolute ownership, as does private property’s definition? We can delve into this more.ABSOLUTE TITLE – As applied to title to land, an exclusive title, or at least a title which excludes all others not compatible with it. An absolute title to land cannot exist at the same time in different persons or in different governments. BL6, p.1485PRIVATE PROPERTY – … is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. BL6, p.1217OWN – To have a good legal title; to hold as property; to have a legal or rightful title to; to have; to possess. BL6, p. 1105. To “own” is to have title. An interest is LESS THAN TITLE.ESTATE: The degree, quantity, nature and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. – - BL6, p.547 From these definitions, it’s plain that we can’t absolutely “own” real estate. We can only have a qualified ownership of qualified and described ownership of Real Estate. Thus, we need that Deed Description to describe it and qualify it. That ownership is also qualified by various government rights, decrees and laws, from antiquity, such as rights against trespass. That ownership is qualified by taxation, zoning, rights of way, and a myriad of other entailments. We need, therefore, a title search to determine those entailments, some of which are invisible.Therefore there is NOT as much difference in the rights and privileges of ownership and interest as one is led to believe. I have no problem with those who live on leased land instead of owning the land. Usually they are paying far less than it would cost them to own the same property. However, they don’t often get any appreciation of the land; the landlord gets the appreciation in real value, while the resident can appreciate the lifestyle for less cost per month or year.However, since an interest in leased land is not automatically transferable and is NOT Real Estate and since the chattel property upon it, the mobile home is personal property, without a deed but instead has a title – Realtors are not by law supposed to be involved in the sale of such – but we are. We are supposed to only be selling real property. It gets all cloudy and foggy doesn’t it. That is why there are people and companies who sell mobile homes on leased land who are not realtors and don’t need to be. In fact, although no one will discuss it, Realtors are not supposed to sell mobile homes on leased land. We don’t need to engage in that battle any more than I just did by describing it.OWNERSHIP: The complete dominion, title, or proprietary, including right in a thing or claim… Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted. – BL6, p. 1106 Such sharing is common with husband and wife, partners, families and corporations, etc.DOMINION – Generally accepted definition of “dominion” is perfect control in right of ownership. The word implies both title and possession and appears to require a complete retention of control over disposition. – - -BL6, p. 486 I think you’d agree that zoning, building codes, home owners association covenants, condominium documents of use and business licensing is a restriction on the use of land (if it’s Real Estate). And there is obviously the fact that failure to pay property taxes on real estate will result in loss of said property. That’s definitely not absolute ownership. But private property is defined as ABSOLUTE OWNERSHIP, not qualified (interest).PROPERTY (tangible) – All property that is touchable and has real existence (physical) whether it is real or personal. – - BL6, p. 1218 In summation, it takes a good attorney, and one well versed and experienced in real estate to understand the complex definitions, rights, liabilities, and privileges of real estate ownership. I have been buying and selling real estate for myself and assisting others in the buying and selling of real estate for thirty years. I have taught courses on real estate and real estate law. And, I would NOT consider purchasing a property, or purchasing property on leased land without the professional and paid assistance of an attorney who is a real estate specialist in the exact county in which the property is located. Other attorneys from other areas are not valid choices at all.Copyright © 2001 – 2005 by www.JodyHudson.com>

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Online Education Background Checks: Employers and Student’s First Choice to Legitimacy! | Education

As higher education becomes more of a determining factor in one’s eligibility for all sorts of jobs and the employers are keeping their consent over quality employment, many job applicants are looking for shortcuts to remain competitive in the marketplace. And since the economic halt had started and finding a job become a harsh business, people are trying to get their way out by forging their educational documents or even buying education to fake “diploma mills.” They don’t even know that this could not only humiliate them in front of their prospective employer but also end their career in a gutter. A total loss of time, money and mental peace.Every single employer is now looking for the best employee and they are judging their prospective candidate on the basis of education and the legitimacy of their credentials earned during their study. Employers are keeping a close eye on every single incumbent by running comprehensive education background checks as they knows the fact that educational success reveals a great deal about an applicant’s credentials and motivations; and through education background checks, an employer can get an accurate depiction of their qualifications as well their intentions of playing a role in development of the company.Some Astounding Facts about Forged Education Credentials Caught by Education Background Checks:In 2004, the US General Accounting Office revealed that nearly 200,000 federal employees had at the very least exaggerated education credentials on their resume.
SHRM(Society for Human Resource Management): More than 53% of job applicants falsify information on their resumes; one in four candidates misrepresents his educational attainment.
ADP Hiring Index: 49% of employment, education and or credential reference checks reveal discrepancies in the applicant’s information.
Association of Certified Fraud Examiners: 41% of applicants lie about their education.The above inclination of facts about the defined scenario indicates an increase in the likelihood that employer’s who don’t verify education will hire unqualified personnel. Hiring unqualified personnel, in turn, leads to higher employee turnover, forcing the organization to incur expensive recruiting and replacement costs.The Other Cunning Problem: Online Degree Scams aka Diploma Mills:The second biggest and most souring, surging problem for employers are fake diploma mills which are playing a role in instigating fraud among the innocent people. These online cheap diploma/degree making factories are looting people for fast track degrees.Diploma mills and degree mills as well as various websites, advertise very realistic, physical diplomas and transcripts, which have been found to deceive many employers. Therefore, with the striking statistics of resume fraud, employers should think twice about using physical diplomas as proper evidence of a degree. Because the requirement for education qualification has become so demanding, education fraud is becoming more prevalent, as are the establishments of diploma mills.Consequently, in order to combat education fraud, laws have recently been passed in which companies who manufacture fake degrees and diplomas are considered to have committed a Misdemeanor.Why and How Education Background Checks Can Maintain Equilibrium Between Employers and Job Seekers?Many employers view particular educational qualifications as a key factor in seeking new employees. Moreover, education is a prerequisite for many positions because it ensures applicable knowledge of a subject matter, or more importantly, a required license for the position.Educational history may be the most commonly falsified information on an application or resume. Some estimates place the incidence of resumes containing erroneous education information as high as 30 percent. Clearly, employers should be extremely cautious. And they are not accepting copies of a degree from candidates as proof of their graduation given that it can simply be a clever forgery paid for by the applicant.Education background checks or education verification is the only way to prevention not only for the employers but also for the people who are looking for education but a legitimate one.Current System of Education Background Checks and Degree/ Diploma Verification Are Not Enough!At present, human resource departments in companies directly contact the concerned educational institution and undertake verification. This is no longer a viable solution, considering the increase in the number of recruitment’s, and the time taken for verification. This is also not a fool proof method.
A second method, often adopted by many of the larger corporations, is to outsource their employment verifications to background screening companies, who maintain large personnel databases.Online Education Background Checks is the Most Modern and Guaranteed Way to Nab a Forged Educational Document with a Plus of Diploma Mill Identification: Online education background checks is the system of online degree, diploma and education verification. The system consists of a database of fake colleges and universities and as well as the misdemeanors who faked their documents in past. It is now the best free online resource for the employers as well as for the students, who can check their institutions as well. It’s a killer product for the keen employers as well as for the legitimate education seeking students.Benefits for Employers Using Online Education Background checks:Employers can be able to save themselves from a negligent hiring lawsuit.
Employers can be able to hire the best qualified employee for their respective positions.
Online education background checks are fast then conventional education verification process, enabling an employer to make quick hiring decision.
Online education background checks can save money and good amount of time.Benefits for the Students Using Online Education Background checks:Assurance that the institution is meeting certain educational quality standards.
Reasonable grounds for believing that the institute will continue to meet them.
Assurance that their Degrees will be widely accepted by the employers, professional associations, other colleges and universities.
Belief that their Degree will reap the benefits associated with sound and high-quality educational standards.Concluding Remarks:Falsified education credentials have become a serious issue in the workforce; it breaches the faith on employees who are involved, especially when it can directly affect other employees and the company as a whole. It is also a serious blunder on the part of the employer who should have done proper education background checks; a mistake that could essentially hinder their current position.Education background checks for employment; verify the certification, training, or educational claims of a job applicant. The universities, colleges, vocational schools, etc. are checked to verify dates of attendance and graduation, degrees or certifications obtained, majors studied, GPA, and honors received by a potential job candidate. The verification of education process is an important part of a quality pre-employment background check.Although a federal law has been implemented to target diploma mills that give out phony diplomas, the problem still exists and is far from being corrected. In the meantime, employers and students must remain steadfast about conducting education background checks that include verifying academic credentials and institutions for their legitimacy.The online qualification verification and diploma/degree mill checking system is significant source of help to the employers and students looking for easy and free of cost education background checks.
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