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Is this true? Real estate article re ownership.

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(@gisjoel)
Posts: 234
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Hello Surveyors

I saw this in a local paper today regarding if you own a home outright, with no outstanding loan, does this comment ring true? ?ÿIƒ??ll respect your comments even if they delve into Combined scale factor and Grid to Ground. ?ÿ

Happy New Year Surveyors!

IMG 2315

?ÿ

 
Posted : January 1, 2021 11:05 am
(@bill93)
Posts: 9834
 

Nothing is ever simple, so no.?ÿ

It's going to depend on whether mineral rights go with the surface rights. Even with mineral rights, subsurface water may be regulated regarding usage and protection from contamination.?ÿ Aside from that, you might be allowed to dig as far as you want.?ÿ

And of course the utilities have made it essentially illegal to dig a few inches without calling the locator service. There may in some places be restrictions on structure height imposed by cities or even scenic view easements.?ÿ And the FAA has a lot of rules about what happens higher up.

 
Posted : January 1, 2021 11:20 am
(@jim-frame)
Posts: 7277
 

Also, your land is perennially subject to taxes in all locales with which I'm familiar, failure of which to pay will result in your land belonging to someone else.

 
Posted : January 1, 2021 11:25 am
(@mightymoe)
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No, that isn't true, land has a bundle of rights attached to it, the owner may have dominate rights, but hardly the only rights.

?ÿ

 
Posted : January 1, 2021 11:46 am
(@holy-cow)
Posts: 25292
 

That is how it is supposed to work.?ÿ That has been in the basic training course required to become licensed as a real estate salesperson for decades.?ÿ The primary purpose of the example is to get across the thought of what your property actually consists of, although there are certain limitations that may come into play.?ÿ You cannot put up a toll gate in the sky and demand air traffic to pay you the toll.

Decades ago when liquor by-the-drink was highly restricted, the State Attorney General attempted to prevent airlines from serving drinks on their flights while in airspace above the entire State.

?ÿ

"At one point, Miller teamed up with the Kansas Bureau of Investigation to bring about the arrests of people serving alcohol on a train passing through Kansas in violation of state laws banning the sale in public places of liquor by the drink. Airlines consequently took to telling passengers they couldnƒ??t?ÿserve liquor by the drink?ÿwhile flying over Kansas.

 
Posted : January 1, 2021 11:49 am
(@aliquot)
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@jim-frame

Much of the land area of Alaska ( not including the major cities) is not subject to taxes.?ÿ

 
Posted : January 1, 2021 5:04 pm
(@gisjoel)
Posts: 234
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Topic starter
 

Thanks. ?ÿOwning the sky really caught my attention. ?ÿAlaska skies are pretty busy places. ?ÿ

 
Posted : January 10, 2021 10:34 pm
(@williwaw)
Posts: 3321
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Perhaps they consider themselves 'Sovereign Citizens'.

Sovereign citizen movement - Wikipedia

 
Posted : January 11, 2021 12:09 pm
(@john-hamilton)
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@holy-cow

Ah, so that's my my dad moved the family away from Kansas in the mid 60's! ????ÿ

 
Posted : January 12, 2021 8:02 am
(@duane-frymire)
Posts: 1924
 

Not true. The best estate in land only gives you the right to pass it on when you die.?ÿ You can however, take your best suit with you; you own that:)

 
Posted : January 12, 2021 9:16 am
(@flga-2-2-2-2-2-2-2-2)
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Posted by: @gisjoel

Owning the sky really caught my attention.

Me too, what happens when a planet cruises into "your" airspace? Can you collect a Toll? ???? ?ÿ

 
Posted : January 12, 2021 10:06 am
(@holy-cow)
Posts: 25292
 

The reference to owning the sky is a bit frivolous but in reality the premise is that the rights extend from the center of the Earth upwards coinciding with your terrestrial boundaries towards the sky.?ÿ The Burj Khalifa in Dubai is 2716 feet tall and is still within the boundaries of the property on which it sets.

When a bunch of people decide they have the power to control what you can do with your property you should be entitled to compensation.?ÿ ?ÿFor example, if your municipality or other governmental entity creates certain restrictions on land use, there should be compensation to the affected property owners.?ÿ Airports must have certain air rights within their control in order to have any use of their facilities.?ÿ Surrounding?ÿ Dallas- Fort Worth Airport with 60 copies of the Burj Khalifa would effectively eliminate the airport's ability to function.?ÿ There must be a means to control development, which may negatively impact the value of the property.?ÿ Typically this is a one-time payment, much like a pipeline easement, that runs with the land.

The same sort of control comes into play in certain areas where the "view" from a specific tract greatly impacts the property value.?ÿ If you live near the ocean and should have a view of the ocean and your neighbor erects a solid fence thirty feet high you might lose your "view" of the ocean.?ÿ This is what leads to more types of situations where a landowner may lose a certain ability to use their land as they so desire.

Yes, there is a bundle of rights.?ÿ But, there is actually a bundle of wrongs, also.?ÿ The "wrongs" are ways in which the property may be affected negatively by others.?ÿ Some of those are directly caused by adjoiners.?ÿ Some of those are directly caused by "the public".

 
Posted : January 12, 2021 11:25 am