Eminent domain, land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
An apartment, flat, or unit is a self-contained housing unit that occupies part of a building, generally on a single storey. There are many names for these overall buildings. The housing tenure of apartments also varies considerably, from large-scale public housing, to owner occupancy within what is legally a condominium, to tenants renting from a private landlord.
A condominium is an ownership regime in which a building is divided into multiple units that are either each separately owned, or owned in common with exclusive rights of occupation by individual owners. These individual units are surrounded by common areas that are jointly owned and managed by the owners of the units. The term can be applied to the building or complex itself, and is sometimes applied to individual units. The term "condominium" is mostly used in the US and Canada, but similar arrangements are used in many other countries under different names.
A tenement is a type of building shared by multiple dwellings, typically with flats or apartments on each floor and with shared entrance stairway access. They are common on the British Isles, particularly in Scotland. In the medieval Old Town, in Edinburgh, tenements were developed with each apartment treated as a separate house, built on top of each other. Over hundreds of years, custom grew to become law concerning maintenance and repairs, as first formally discussed in Stair's 1681 writings on Scots property law. In Scotland, these are now governed by the Tenements Act, which replaced the old Law of the Tenement and created a new system of common ownership and procedures concerning repairs and maintenance of tenements. Tenements with one or two room flats provided popular rented accommodation for workers, but in some inner-city areas, overcrowding and maintenance problems led to shanty towns, which have been cleared and redeveloped. In more affluent areas, tenement flats form spacious privately owned houses, some with up to six bedrooms, which continue to be desirable properties.
Strata title is a form of ownership and housing tenure devised for multi-level apartment blocks and horizontal subdivisions with shared areas. The word "strata" refers to apartments being on different levels.
Cuius est solum, eius est usque ad coelum et ad inferos is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and the ground below. The principle is often referred to in its abbreviated form as the ad coelum doctrine.
A profit, in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. Indeed, because of the necessity of allowing access to the land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's land for the purpose of collecting the resources permitted by the profit.
The Lower East Side Tenement Museum is a museum and National Historic Site located at 97 and 103 Orchard Street in the Lower East Side neighborhood of Manhattan, New York City. The museum's two historical tenement buildings were home to an estimated 15,000 people, from over 20 nations, between 1863 and 2011. The museum, which includes a visitors' center, promotes tolerance and historical perspective on the immigrant experience.
In real estate, air rights are the property interest in the "space" above the Earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.
Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.
Multifamily residential is a classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Units can be next to each other, or stacked on top of each other. Common forms include apartment building and condominium, where typically the units are owned individually rather than leased from a single building owner. Many intentional communities incorporate multifamily residences, such as in cohousing projects.
The Abolition of Feudal Tenure etc. (Scotland) Act 2000 was a land reform enforced by an Act of the Scottish Parliament that was passed by the Scottish Parliament on 3 May 2000, and received Royal Assent on 9 June 2000.
The inter regalia are the rights falling to the Crown in Scots Property law. The term derives from Latin inter (among) and regalia.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary management relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
Chinese property law has existed in various forms for centuries. After the Chinese Communist Revolution in 1949, most land is owned by collectivities or by the state; the Property Law of the People's Republic of China passed in 2007 codified property rights.
A property tax known as "rates" has been levied in Hong Kong since 1845. The tax applies to all domestic and commercial properties unless exempted, and is based upon the rental value of the property, re-assessed each year. Formerly part of the revenue went to the Urban Council and, from 1986, the Regional Council, but since 2000 the whole amount goes to the Hong Kong Government.
The Title Conditions (Scotland) Act 2003 is an Act of the Scottish Parliament. It came into force on 28 November 2004, and is one element of a three part land reform abolishing feudal tenure and modernising Scottish property law, the other two elements being the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and Tenements (Scotland) Act 2004 which came into effect on the same date.
Land registration in Scots law is the system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is extremely important as it constitutes the third stage of the creation and transfer of real rights.
