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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Time Travel: It’s Been Done Before! | Travel

Could we really travel through time? The short answer is yes! That’s right. We all have the ability to leap forward through time, even if we don’t realize it. If you wanted to jump to the future, you can simply go to sleep and wake up a few hours later right? Of course that’s cheating the question. We want to be able to go back and redo those silly mistakes we made many years ago. who doesn’t wish they could go back and talk to their 15-year-old self? Tell them not to make the mistakes you did (or they will). Or perhaps you’d rather travel 500 years into the future and see those flying cars we were promised by the year 2000. Fortunately, time travel is theoretically possible.In fact there is no law in physics that prevents time travel. That’s right, according to all the laws of physics we know, it’s perfectly plausible to travel through time at will. But as the saying goes, with great power comes great responsibility. Time travel is an extremely dangerous endeavor with devastating consequences, and is also riddled with paradoxes.For example, what if I travelled back in time and prevented World War II? Sounds like a brilliant idea right? Countless lives would be saved, I’d be hailed as a hero! Not necessarily. Although I’d be saving lives, I’d also be destroying others. What about all the technology that we rely on today that was developed during the war, such as jet engines and nuclear power. In fact the world map could be completely different. We could actually be worse off than simply leaving history as it was.Another famous time travel paradox is the grandfather paradox, which basically states that if we were to say for instance, I travel back to a time before my parents were born and prevent my grandfather from meeting my grandmother. My parents couldn’t have met and thus, I would never have been born. So how could I have gone back in time to prevent my grandparents from meeting in the first place.So we can see that time travel could be a bad idea, but let’s say we really want to go back in time, how would we do it? Well first we need to understand how time works.Time is something we are all very familiar with, we all know what it is, but yet we can’t see it, touch it, we can’t seem to interact with it in any way, we can only observe it. Isaac Newton thought that time was constant and never deviated, which would of course make time travel impossible. Even Einstein believed it was impossible, yet it is his equations that make it possible. Einstein theorized that space and time are inexplicably linked in what he refers to as “space-time”. So in theory, if I was to warp space with something extremely powerful like a black hole, I would also be warping time. While this appears to be true and scientists continue to explore its possibilities, the real possibility for time travel, seems to be in his other theory; Relativity. In fact time travel using relativity isn’t just a theory, it’s actually been done, several times! Now you probably think I’m crazy but the secret seems to be in going extremely fast.According to Einstein’s theory of general relativity, no object with mass may travel faster than the speed of light, which is an astonishing 299,792,458 metres per second in a vacuum (that’s no air). That’s an incredible 1,080 million kilometres an hour! So according to General Relativity, we can only travel at 99.99% the speed of light. But lets say for instance that I’m sitting at the back of a plane travelling at the speed of light and I walk to the front of the plane from the back at a rate of 10 kilometres an hour. I’ll leave the equations out of this, but that would mean that my speed plus the speed of the plane would mean that I’m travelling at 1,080 million and ten kilometres an hour, which is 10km/h faster than light, right? Wrong. According the theory of relativity, time would actually slow down for me to prevent me from travelling faster than light. Sounds weird doesn’t it.Of course this scenario would never happen in real life, as I have already said we can’t travel at or faster than the speed of light. In fact you would need more than an infinite supply of fuel to travel faster than light, which is obviously impossible.So then what is relativity? Einsteins theory of relativity basically states that if I’m driving down the road at 50km/h and drive past someone standing on the side of the road, to them I would appear to be travelling at 50km/h, I’m sure you already know this. However to me in the car, they too would travel past me at 50km/h. But then if someone where to drive beside me in another car travelling at 50km/h, to them I would appear to be completely stationary. Hard to believe? It’s the same thing that makes it look the car driving beside you on the highway sometimes seems to be floating just outside your window. I’ll leave the complicated equations out of this for now, but you can use simple addition and subtraction to confirm this theory. If you’re travelling in the same direction as the object you’re observing, in this case the other car, you subtract your speed from theirs. So 50km/h minus 50km/h is equal to 0km/h. so they would appear to be stationary. If we’re traveling in the opposite direction we add our speed to theirs. So 50km/h plus another 50km/h is equal to 100km/h. So if we drove past the other car at the same speed in the opposite direction, they would appear to be travelling at 100km/h.So how does all this work, and more importantly, how did they actually manage to travel through time? Well as it turns out, the faster we travel, the slower time will pass. This was proven when scientists placed an atomic clock, which is an extremely accurate clock down to one billionth of a second, on the space shuttle and observed it its behavior. Before launch the clock was perfectly synced with another atomic clock here on earth, and once the shuttle had returned to earth they put the two clocks together. They then discovered the clock from the shuttle was slightly behind the clock that remained on earth. meaning time had past slower for the clock on the shuttle than the clock that remained on Earth.So basically astronauts are in fact also time travellers. Sergei Krikalev, the current record holder for the longest time spent in space (about 804 days or 2.2 years) is actually half a second behind the rest of the world. furthermore, scientists have actually calculated that if we could orbit the Earth at 99.99% the speed of light for 7 whole years, we would actually land back on earth 500 years in the future. This effect is known as Time Dilation. What a spectacular realisation! Time travel may actually be within our reach after all. The only problem is inventing a machine or vehicle capable of travelling that fast. Unfortunately it looks like that might be just out of our reach for now. We would actually need the power of a whole star to get to that speed.But what about travelling back in time? So far neither general or special relativity allow for travelling backwards in time and it appears as though no other laws of physics will allow travel to the past. Such travel to the past, as stated above would lead to paradoxes that could result in the collapse of an entire universe, or a completely new one to be formed. This is part of the Many World Interpretation of Quantum Theory. There are other theories to travel both forward and backwards in time such as black holes and wormholes, but I’ll discuss those in the future.So for now it looks like we could theoretically travel to the future, but unfortunately we can’t go back and tell our younger self not to buy that car from that dodgy looking salesman, or to buy stocks in Apple and Microsoft when they first start out. So we’ll just have to settle for travelling forwards in time at the same rate we always have, and just to wait to see what the future holds.
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