Had a question today from a principal broker concerning the Oregon Bundle of Rights.
Q. I remember learning all about The Bundle of Rights when you own real property years ago when taking my pre-license courses. I have a client asking me what Oregon Statute covers this, or what other official declaration covers this. I know it’s there somewhere, but can’t seem to locate it. Thought I might see if you know where it is at since you teach it. We are most interested in the part where is says to the center of the earth and the sky above stuff.
A. What you’re referring to are the appurtenances or rights that belong to a property that can be conveyed to another. Both appurtenances and bundle rights are found in Common Law, dating back to the original 13 colonies. Which states that everyone has specific rights in property ownership. Appurtenances include air space, use and access to water, minerals beneath the earth’s surface, emblements(crops) and lateral and subjacent support.
Q. I remember learning all about The Bundle of Rights when you own real property years ago when taking my pre-license courses. I have a client asking me what Oregon Statute covers this, or what other official declaration covers this. I know it’s there somewhere, but can’t seem to locate it. Thought I might see if you know where it is at since you teach it. We are most interested in the part where is says to the center of the earth and the sky above stuff.
A. What you’re referring to are the appurtenances or rights that belong to a property that can be conveyed to another. Both appurtenances and bundle rights are found in Common Law, dating back to the original 13 colonies. Which states that everyone has specific rights in property ownership. Appurtenances include air space, use and access to water, minerals beneath the earth’s surface, emblements(crops) and lateral and subjacent support.
HOWEVER, there can be exceptions. A person may have restricted air space because their property is in a designated flight zone. This would be an easement upon their property from either the state, county or city. This would show up in a title search, since a flight zone is a part of public transportation a property owner cannot contest the restriction. A person could own a property but not the mineral rights.
Many corner lots in towns and cities do not convey minerals right because years ago oil companies with gas stations on the corner bought them. What does that mean. The owner can live there undisturbed and due to the lack of actual “mining operation” the holder of the right could not trespass, or work the property. If someone buys a property with active mining, drilling or pumping occurring they could not stop that operation by buying the property without the mineral rights.
Having the right to lateral and subjacent support prevents the adjacent property owner from drilling underneath the other persons property or along the property line to the point of jeopardizing the stability of the property.
Our Bundle of Rights include the right to possess, use, encumber, license, drill, lease, farm, build, devise, sell, gift or devise. Keeping in mind property use must follow permitted uses, zoning , CC&R’s and future changes in permitted use from the state, county or city.
Statues pertain more to our professional behavior and liability but Chapter 105 of ORS 696 pertains to Property Rights. Also in OAR Section 15 and 25.
Hope this has been helpful. You could goggle appurtenances and Bundle of Rights for more information.
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