In real estate, property ownership has a complex set of legal rights and privileges that is commonly referred to as a “bundle of rights”. In the bundle, there are five rights: the right of possession, the right of control, the right of exclusion, the right of enjoyment and the right of disposition.
Let’s go over them in detail.
First, we have the right of possession. Simply put, this states that the party who holds title is the legal owner.
The right of exclusion allows a title holder to limit who can and cannot access their property. There can be some limitations such as easements or a police warrant that permits the search of a property. Therefore, the right of exclusion is not necessarily absolute.
Next, we have the right of control. This means that the property owner has the right to use the property in any way that is legal. Other parties, such as a Homeowner’s Association, can have a say on the use of a property as well. These can include the color a home can be painted, landscaping requirements, or even pet regulations.
The right of enjoyment is an owner’s right to conduct any activities on a property that they wish, so long as those activities are also lawful.
Last, we have the right of disposition, which asserts an owner’s right to transfer ownership to another party. Mortgages can put limitations on the right to disposition. Once a property is owned free and clear, then the owner has the complete right of disposition.
In a typical property purchase, the new owner can expect to have the full five rights in the bundle.
The bundle of rights is most often broken up in investment and commercial properties. For example, if an owner owns a single-family property and leases to another individual, the owner is temporarily sharing their rights to the property with another party.
The bundle of rights that an owner has can be restricted by local laws and regulations. For example, the right to enjoyment is given but cannot be exercised beyond local noise control rules, which are typically put in place to protect other property owners’ rights to enjoy their own properties.
When studying for your exam, it’s important that you understand that real estate ownership has a complex set of rights that is only summarized in the “Bundle of Rights”.
If you want to see some examples of questions that will be on the actual real estate exam, check out our free real estate practice exam. We have been named as the best real estate exam practice for 7 years in a row!
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