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In real property law, avulsion refers to a sudden loss of land, which results from the action of water. It differs from accretion , which describes a gradual addition to land resulting from the action of water.
In real estate and real property law, peaceable possession is "holding property without any adverse claim to possession or title by another". Quiet title is used to refer to the new owner's peaceable possession. Property title, or ownership, also includes possession, but is a greater property right than the latter.
The land below navigable waters is the property of state, [5] and subject to all the public land laws and in most states public trust rights. Navigable waters are treated as public highways with any exclusive riparian right ending at the ordinary high water mark .
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, it is called immobilier ("immovable property").
A famous rule is that a thief cannot convey good title, so title searches are routine (or highly recommended) for purchases of many types of expensive property (especially real estate). In several counties and municipalities in the US a standard title search (generally accompanied by title insurance ) is required under the law as a part of ...
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan.
[17] Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith ...