Delaware and the remainder of the original British Colonies includes land that is lease instead of being owned by the people who live on the land. A lot of this isn’t obvious to the casual observer.
The land that is Lewes Beach is leased, not owned by homeowners. The land at Lewes Beach is the property of the town of Lewes. The Rehoboth Beach lands the Sea as well as Dewey Beach include leased land as well. Most leases on the land won’t be renewed, but they will return to the owners , and the houses on the top of the land will be taken down by the owners of the homes at their own expense. The majority of the land that is located in Riverdale is located is located on Indian River Bay, adjacent to Oak Orchard is leased as well. In Riverdale the land that is leased is held by the Chief Clark from the Nanticoke Indians.
About half of the people in Sussex County living on leased land. Most of that lease land is located in what is known as mobile homes or communities. In these communities there are not many homes that are truly mobile , and there are even two-story stick-built houses on lease-land in these communities. Townhouses and condominiums can be found on lease land too. For some, this is very difficult to comprehend.
The term fee simple is used by Realtors and Attorneys use the term fee simple to refer to the land being offered for sale as real property that is , real estate. We use the term leased property or leasehold in order to describe the land that isn’t being transferred in the form of real estate.
This lengthy text is about Leased Land, Real Estate, Private Property, Chattels, Mobile Homes, Homes on Leased Land and an academic dissertation that defines and define the distinctions.
The use of terminology is crucial when talking about Real Estate, i.e. real property.
“Black’s Law Dictionary is the recognized authoritative source for legal definitions in Our American Law; which is drawn from English Law
PROPERTY Legally speaking, property is in the strictest sense, a collection of rights protected and guaranteed by the government. The BL6 1216, p. 1216.
Personal property: Personal property; chattels; movable property or property that isn’t connected with real property. Bl6, p. 1144
Property: (personal property) – In the broadest and most general terms, anything that is subject to ownership, but not falling under the definition that is real property. Any right, interest or other rights lower than an interest in realty that is freehold or any other rights or interests can be transferred to other things. Bl6 1217, p. 1217.
Thus, personal property is the property that is easily removed from real estate market, it isn’t real property. Personal property can include the land, trees, plants trailers, sheds, mobile homes, cars manufactured homes with an Department of Motor Vehicle title instead of a deed as well as the items in a house or construction. When it comes to a commercial or residential property, personal property, it includes drapes and lighting fixtures, rugs (not carpets that have been installed) cabinets and shelves that are freestanding furniture, as well as contents of closets, cabinets and structures. The structures that do not have a foundation, which is sheds that are supported by blocks, are chattel property. They are private property and are not part of the actual property. Chattel property includes pet houses, particularly small storage structures that are found in the outside of houses today.
Lands In the broadest sense, includes any earth, ground or soil in any way…”Black’s Law” dictionary, 6th edition. (BL6), p.877
Private property, which is protected from being taken by purposes of public use, is that property that is owned by an individualand for which the owner has the sole right to dispose. Property of a particular permanent and tangible nature that is capable of being held in the possession of and transferable to another, like land, houses, and chattels. The BL6 1217, p. 1217. Private property includes land chattels, houses, and other buildings. Private property is secure from being used to be used for public purposes. Private property is completely owned by the owner.
Real estate is 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, p1263
ESTATE: The amount in quantity, quality, and amount of interest an individual holds in REAL and personal property. A LAND ESTATE or tenements as well as hereditaments demonstrates the interest the tenant is entitled to it. In BL6, p.547 All of the definitions in this document pertain to real estate = estate = real property = lands, tenements and hereditaments. It is easy to believe that’real property’ is the right term to use for all lands. However, it doesn’t define the method of ownership in the same way as it does the definition of estate. There was a recent instance of this , when many acres of land that was leased that were in the homes of a few thousands of residents, located within Angola, Pots Nets, and Long Neck areas owned by the Robert Tunnel family was inherited by their children of the family.
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 look up the definition of ESTATE it is a reference to an ownership interest within the article that are defined in real property or real estate.
What is the land, and WHO is it that owns it? And how is it managed? Land may represent private land OR estate i.e. real estate. Estate is the interest of “real property” by a tenant or an individual. Property owned privately is completely and solely by the owner.
INTEREST: More specifically, it is a right to benefit from something or any right that is the nature of property but not more than title. – – BL6, p.812. Based on this definition, it’s obvious that INTEREST is not a title as it is not more than title. It could be a property rights to land however it’s not a right that grants absolute ownership of the land. People who live on lease land are only entitled to an interest on the land and the interest is a leasehold interest. Does there exist a definition of property that states it’s the land that is owned in absolute possession in accordance with the definition of private property? It is possible to explore this subject further.
ABSOLUTE TITLE – In relation to land titles it is an exclusive title or at a minimum, an exclusive title that is exclusive of all other titles that are that are not compatible with it. A title absolute to land can’t exist simultaneously in different people or under different government bodies. BL6, p.1485
Private property – … Private property is the property that is owned by an individualand for which he owns the sole right to dispose. BL6, p.1217
OWN – To own a legal title that is good and to be held as property; to hold legally valid or legitimate title to; be a part of; to own. Bl6, p. 1105. “Owning” is to “own” is to have title. A interest is LESS than a title.
Estate: The amount in quantity, quality, and the amount of interest that an individual has in his or her the personal and real property. An estate that includes land, tenements, or hereditaments is a sign of the interest the tenant holds in them. The BL6 definition is p.547 Based on the above definitions it’s obvious that we don’t have the right to “own” real estate. We are only allowed to have qualified ownership of described and qualified possession of Real Estate. Therefore, we require a Deed Description to define and define it. This ownership is also recognized by various rights granted by the government or decrees, laws and decrees dating back to antiquity, like rights against the trespass of others. This ownership is also regulated by zoning, taxation rights of access, and a multitude of other associated rights. Therefore, we need an examination of title in order to identify the implications, some of which aren’t visible.
There is not any difference in the rights and benefits of interest and ownership as some believe. I don’t have a issue with people who live on lease land rather than having the land for themselves. They usually pay less than what it would cost them to buy the property. But, they rarely gain any value from the land. The owner is the one who gets the increase in value, while the owner is able to enjoy the lifestyle at lower cost per year or month.
But, as the lease interest is not transferable automatically and isn’t Real Estate and since the chattel property that is situated on it, this mobile house is considered personal property without deed, instead it has the title of a property – Realtors are not legally expected to be involved in the sale of these property, but we do. We’re supposed to be selling real estate. It’s all fuzzy and foggy, doesn’t it. This is the reason there are businesses and people that sell mobile homes on land leased to tenants who aren’t Realtors and do not have to be. Although nobody will talk about the issue, realtors aren’t required be selling mobile houses on lease land. It is not necessary to get involved in this battle any more than I did in writing about it.
Ownership: The full title, dominion, or proprietary, as well as the rights to a thing as well as a right to claim… Property ownership is unqualified or absolute. The property’s ownership is absolute when only one individual has the right to it and can use it and dispose of it as his own discretion, subject to the laws of generality. The ownership qualifies by sharing it by several people and the duration of enjoyment is delayed or restricted, or the usage is limited. The BL6 page. 1106 Sharing is common among husbands and spouse family members, partners, families and corporations, etc.
Did you hear someone saying “Life is dicey”? The way we live our lives is similar to throwing dice in the game of Ludo. The dice has different faces, however you only need one face to begin your game, namely the number six (6). When you begin playing, you’re unable to be sure of the faces you’ll see when you cast your dice; perhaps 1,2,3,4 or even 5. It’s just a matter of playing with what you have , whether it gets your ball to the final square without risk or it drags around, whether it takes you further or slows your progress.
In reality, you do not take part in this game on your own It is played against a person and everyone takes their turn racing through the final square with ease. Sometimes the race of the token you’ve chosen end abruptly, and it’s returned to start again while others make it to the final square. Some finish their work in the process by eliminating the opponent’s token. Every move you take is a gamble because you do not know the strategy your opponent has in mind.
Each when that you let go of a coin that has the number ‘SIX’, it means that each new chapter in your life begins perfectly.e.g.the date you got born. married, or started an exciting new job, however the path to follow is uncertain. Every movement your token makes is a representation of the steps you take across the pages of life. Sometimes, it’s for your victory, while at others, the movement is toward your loss.
Not every chapter you open ends happily. The majority of tokens returned begin again, meaning that at times life is so traumatic that you must return and begin the process all over again. If your token gets to the “home colour spaces’, the participant is at peace. When we do finally get what we want at the end our journey, we’re generally an oasis that no one is able to take us away.
Every player completes one at a given time. This means that we cannot all do it all at once Some are smarter than others but some are less efficient and certain cheaters are able to beat the odds. To avoid losing it is essential to develop the required skills to beat your competition. You must be aware of and practice your rules, and be an extra step ahead over your rivals.
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