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Questions on Property Owner's Rights

Property owners have a list of rights depending on the nature of the property they own and the nature of the ownership of said property. It’s important to know the limits of those rights when faced with such issues as property vs. mineral rights or a neighbor’s actions that may affect your property.

Listed below are a few questions on issues related to property owner’s rights.

I have a ranch in Wyoming and the people who own mineral rights would like to look for minerals on the ranch through a seismic survey. Am I entitled to compensation here from a property owner’s rights’ perspective?

Legally, the mineral rights’ owners can explore the land and not pay for anything unless they cause some damage to your property. If they do need to drill, they could end up causing harm and decide to offer you some compensation. The best thing for you to do in such a case would be to consult with a local lawyer who could help you negotiate compensation if drilling does occur. In the event there is considerable damage caused to your land, you could possibly file a lawsuit against the owners of the mineral rights.

I have beachfront property in Florida. People who come from other beaches set up chairs and umbrellas in front of my property. Do I have property owner rights to get them to move?

The part of the land that stretches from the high tide mark to the dock is land that the law says cannot be restricted from use. There will be an easement/right of the general public to use the land as long as they don’t cross your property to access it. According to the common laws on property issues, if the public can get to the beach through the water or some other way, then they can use the beach.

As a property owner, what right do I have to prevent a neighbor from letting his pit bulls run around my property at any time of the day?

You should contact animal control since this would fall under their jurisdiction. The neighbor is also preventing you from enjoying a basic right which is to enjoy your property. In this regard, you could consider filing suit and obtaining a restraining order to prevent the dogs from running freely across your property. Another affordable alternative would be for you to get a property law attorney to send a cease and desist letter to your neighbor stating the animals should be restricted or a lawsuit will follow. The neighbor will most likely be motivated to comply with the order to avoid litigation.

What are my property owner’s rights to prevent damage to my house and vehicles thanks to a neighbor’s tree that is encroaching on my property?

According to the law, you do have the right to trim the tree so it doesn’t cross the boundary of your property. As long as you do not damage the tree, you would have no liability towards your neighbor should the trimming cause the tree any problem.

Can one of the owners of a property have a property purchase right over the public when acquiring the property in a partition action?

No. This is not possible. At a property partition action, there is no “first right of refusal". Since the auction is open to public, whoever appears at the auction and makes the highest bid for the property will end up getting it.

Property laws exist across different states to protect property owners’ rights to their piece of real estate. This would include rules and regulations to fight everything from minor problems like invasion of privacy to bigger issues like encroachment and property disputes.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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9 Real Estate Lawyers are Online Now

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Tina
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16 years of legal experience including real estate law.
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20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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13 years real estate, Realtor. Landlord 24+ years

Recent Property Owners Rights Questions

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    Is it possible for a home owner member to incur an expense on behalf of the HOA? Is it possible for that expense to be credited against the member dues for reimbursement?
    Specifically, a local Internet Service Provider here in San Francisco is offering ultra high bandwidth internet service to both individual and multi-unit buildings.
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    Thanks
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