A “Right” is a legally enforceable claim of an individual against another to impede him or her from carrying out some actions (Bogusz & Sexton, 2015) . Real estate property law entails rights of possessing both land and building located within the land periphery. Some investors entering the real estate business have had difficulty with the terms that real estate experts use. This paper examines in detail the real estate property rights granted to the owner of land with emphasizing the types of Ownership rights, physical property rights, and Water Rights.
Ownership of land implies owning a title to it as evidenced by the deed. Therefore, possession of a deed means one is entitled to all the rights that accompany it. For instance, the owner has a right to possession of the land. Therefore, once an individual purchases a piece of land and become in possession of the title deed if no mortgage note or lien against the property exists, the land automatically belongs to the person (Bogusz & Sexton, 2015) . Secondly, the owner has the right of control over the owned land. Although, the law bestows power to the owner to control the use of land, sometimes there exist restrictions and covenants that may prevent him or her from engaging in activities such as hosting loud parties and squatters among others. Thirdly, the right to exclusion impedes other individuals from accessing one’s land. It is a protective right that excludes individuals who are not law enforcement with a warrant. However, easements may allow utility companies to access property so that their right of way is not compromised. Additionally, the landowner has the right to enjoyment. He or she has the right to enjoy the property in any legal perspective, that is, if not stipulated as restricted under the restriction and covenant documents. On the other hand, under the physical property rights, the owner has the right to disposition. That is, the individual in possession of the title deed has the right to sell, rent or transfer ownership or use of the land at will (Bogusz & Sexton, 2015) . However, if the owner has a mortgage, mechanic’s lien, and tax liens, then he or she has to pay them off before disposing of the land.
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Alternatively, water rights refer to a set of different rights that concern the ownership and use of either on or under the land. The rights are divided into navigable, riparian, littoral and prior appropriation water rights among others. Navigable water rights pertain to water in a lake or river, and the state owns rights to regulate the water as a conduit of commerce. For instance, if an individual owns a house by the lake, he or she does not own a part of the lake since it is navigable. However, if water is not navigable such as a pond, landowners may own the bed of water. Similarly, if the water body is small enough to fit in one’s land, then the person owns the water body entirely. In the same vein, riparian water rights stipulate that an individual is a riparian landowner if the person’s property abuts a river or stream that flows through the property and therefore is entitled to riparian rights ("Water Rights of Real Property Owners - LawShelf Educational Media", 2018) . Hence, the landowner can use the water only to the extent it is beneficial to the land. However, the right is subject to the equal rights of another individual with the riparian rights since the water is flowing through one’s land. Moreover, a riparian landowner can use the water for natural use such as drinking, bathing, watering farm animals, swimming, or fishing as long as the concerned laws are met such as fishing licenses. Also, littoral rights are concerned with land that abuts lake, ocean or sea. Most importantly, littoral rights pertain to use of the shore. For instance, erecting a dock in order to reach navigable water, use for a boat for fishing, and swimming. Notably, littoral rights and riparian right are similar the difference is the water bodies. Lastly, prior appropriation water rights are used by states where water is scarce ("Water Rights of Real Property Owners - LawShelf Educational Media", 2018) . The state has the mandate to offer rights to any individual, riparian or not, to use the water. Therefore, the non-riparian can acquire water rights without necessarily paying the riparian landowner since the primary owner of the water rights is the state.
Overall, the owner of land is granted a score of rights spanning ownership rights, physical property rights, and water rights that when exercised are beneficial. At the same time, these rights may have restrictions and covenants that the landowner has to adhere to.
References
Bogusz, B., & Sexton, R. (2015). Complete Land Law. doi: 10.1093/he/9780198725763.001.0001
Water Rights of Real Property Owners - LawShelf Educational Media. (2018). Retrieved from https://lawshelf.com/courseware/entry/water-rights-of-real-property-owners
