Private restrictions on real estate ownership are the limitations of a landowners use of his/her property. these restrictions come in forms of covenants, conditions, and restrictions(CC&Rs); liens; easements; profit a prendre; adverse possessions; and encroachments.
CC&Rs- Outlines restrictions that are included in the deed. A developer may want to limit the way future residents use thier land by including in their deed they cannot open a business in their home and that the lots are restricted for residential purposes only.
Liens- Is the claim on a property as either security for a debt or fulfillment of a monetary charge or obligation. an example of that is when a bank gives a mortgage on a property. They do not have ownership but they do have interest in that piece of real estate.
Easements- Is the right given to one party by a landowner to use the land in a specific manner. This may be sharing a driveway or allowing the party to use a road to access their landlocked property. There are a lot of legal issues that can arise from easements that can be settled in court
Profit a Prendre- The nonpossessory interest in real property that permits the holder to remove part of the soil or produce of the land. It can also be known as making a profit off of the land.
Adverse Possessions- Allows individuals to acquire title to land they do not own because they have openly possessed it for a statutory period of time, usually 7 to 20 years.
Encroachment- The invasion of a fixture, a building, or other improvement onto another person's property. examples of an encroachment are a fence that goes into someone elses land or a patio that crosses onto another persons land unauthorized.
Legal Alert: Texas Lien Statute Changes
http://www.jdsupra.com/legalnews/legal-alert-texas-lien-statute-signific-27049/
In this article, the law firm that published it is sending out an alert to contractors who may be working with old mechanic liens that have been void due to resent legislator. The recent legislator voided all liens that did not follow the certain guidlines that were created.
Adverse Possession Texas Foreclosure home For $16
by News 8 July 18, 2011
http://www.youtube.com/watch?v=w22EOq7IsTk
This news clip tells the story of how a man was able to gain the ownership of a $300,000 home just by setting up camp in the living room through, using adverse possession in his favor. The owner went into foreclosure, moved out, then the bank that held the mortgage went out of business. If this man can continue to live there for 3 more years he claim the deed to the home. In this civil issue, the owner would need to either pay off the money owned or the bank would need to file a complicated law suit, all of which is unlikely. By submitting adverse possession paper work at the court house for a cost of $16, this man was able to claim use of the home.
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