YOU CAN NEVER OWN YOUR HOME

To almost everyone in the US a home is 2 things, the physical structure and the land which it sits on and while you can own the structure (house) you can never own the land it sits on.

Besides eminent domain, property taxes, hoa’s, liens, civil forfeiture and the occasional sinkhole it’s an unspoken truth that “rights” mean “rights” IE something granted by federal and/or state authority on a casual and ever changing basis.

But but you bought your property and it’s been in your family for generations and that’s that….well, unfortunately you are (generally) entitled to the “5 rights” of that land as they are refered in the US.

1. Right of possession – “The right to property by the person who is the short or long term holder of the property.” – “right of long term holder

2. Right of control – Try building a 9 foot fence or painting your house an unapproved color without asking “permission” and or paying somethimes exorbitant permits and fees.

3> Right of exclusion – Yes you can keep people off your property, except the like 1/5th of people working for various government agencies like the census bureau, IRS, police, utility operators and good luck keeping kids from smashing your pumpkin this year – that would be assault of a minor.

4 Right of enjoyment – No parties, Trump rallies, lemonade stands, Christmas lights or decorations, nothing that interferes with the neighborhood aesthetic or triggers a negative association or parable…you can still enjoy your home inside your mind (currently) or by being actually inside of your home if nothing can be seen, heard or imagined by anyone else.

5 Right of disposition – Yeah you can sell it, so long as you pay the vig and everyone else approves.

This might sound like a negative take on home ownership but it’s meant to give perspective to home ownership, it’s not permanent. Whether by your own doing or because your city needs another Walmart it can go much faster than it comes, so enjoy your stay and give it the same priority as a very expensive and time consuming rental.

BTW if you do find treasure under your front porch, it’s not a significant mix of gold and silver so let us know and we will dispose of it for you 😉

The relevant technical terms that actually define ownership are as follows

1. Fee simple and Fee simple absolute – The rights of the fee simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and it could also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.

2. Allodial title – Constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held “in allodium”, or land ownership by occupancy and defense of the land. Historically, much of land was uninhabited and could therefore be held “in allodium”. Although the word “allodial” has been used in the context of private ownership in a few states of the United States this ownership is still, in much practice, restricted by governmental authority; the word “allodial” in these cases describes land with fewer but still significant governmental restrictions.

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