What are Incorporeal Rights in Real Estate Law?

I've noticed many property owners don't realize just how many rights they actually own - including ones they can't physically touch! Let me walk you through the fascinating world of incorporeal rights in real estate.

Incorporeal Rights: Incorporeal rights are intangible property rights that exist in connection with real estate but cannot be physically touched or possessed. These rights include the ability to collect rent, the right to use an easement, or the right to enforce restrictive covenants on a property.

Types of Incorporeal Rights

You might own more rights than you think! Let's break down the main types of incorporeal rights you'll encounter in real estate:

Easements

Think of easements as "permission slips" that allow someone else to use part of your property. Common examples include:

• A path through your land that connects to public roads

• Space for utility companies to maintain power lines

• Protected areas for wildlife or natural resources

Profits à Prendre

These rights allow others to take natural resources from your land. They include:

• The right to extract oil, gas, or minerals

• Permission to harvest timber

• Access to water sources on the property

Restrictive Covenants

These rules tell you what you can't do with your property. If you live in a planned community, you're probably familiar with:

• Rules about house color and landscaping

• Limits on building height or style

• Restrictions on running businesses from home

Legal Framework

Incorporeal rights don't just appear out of thin air - they're created through legal documents, contracts, and agreements. These rights stick with the property even when it's sold, which is why title searches are so important during property purchases.

Common Challenges and Solutions

I've seen plenty of confusion around incorporeal rights. Here are the typical issues that pop up:

• Neighbors disagreeing about where easements start and end

• Questions about who's responsible for maintaining easement areas

• Problems with recording rights properly at the county office

Practical Applications

Understanding incorporeal rights helps you:

• Make smart decisions about property development

• Know what you can and can't do with your land

• Plan for future property use

• Handle tenant relationships better

Common Misconceptions

Let me clear up some confusion:

• Incorporeal rights ARE real property - they just lack physical form

• These rights CAN be bought and sold separately from the land

• They DON'T automatically end when property ownership changes

Related Real Estate Concepts

Your property rights are like a bundle of sticks - each stick represents a different right. Some are physical (like the right to build), while others are incorporeal (like the right to rent). Understanding how these rights work together helps you make better property decisions.

Future Implications

The world of incorporeal rights keeps growing. New rights are emerging related to:

• Solar and wind energy harvesting

• Carbon credits and environmental conservation

• Airspace for drone delivery paths

Conclusion

Incorporeal rights might be invisible, but they have real impacts on property value and use. Whether you're buying, selling, or managing property, understanding these rights is critical for making informed decisions.

Ready to explore how incorporeal rights affect your real estate decisions? Contact Bellhaven Real Estate - we'll help you understand both the visible and invisible aspects of property ownership.