Transcript for:
Bundle of Rights in Real Estate

the bundle of Rights is the first thing you should learn when studying for your real estate exam most textbooks start with the definition of the bundle rights now what does it really mean let's start with some basics ownership of land is holding title to it the evidence of the transfer of title is 2d so a seller executes sadi to transfer title to real property and the bundle of rights that go with it the bundle of Rights a common way to explain the complexities of property ownership it helps to consider the bundle of Rights is something that can be separated and reassembled imagine that in your hand you hold a number of straws each straw represents a distinct and separate right of the owner such as the right to use the property to sell to lease it or to give it away for example if the owner doesn't pay a contractor who worked on the property a mechanic's lien will be filed that would take some but not all of the rights out of the bundle held by the owner one of those straws that represents a right is now gone taking care of the mechanic's lien returns those rights or straws to the bundle held by the owner now let's look at the rights the bundle of rights include the right of enjoyment the right of disposition the right of possession the right of control and the right of exclusion how abundance works once a home purchase is completed a typical home buyer can expect to have the whole bundle rights for their new property the rights possession control exclusion enjoyment and disposition however these rights can be broken up and distributed to multiple parties this usually applies to the purchase of commercial and investment properties for example the buy of a rental property may have rights that are restricted by the local landlord tenant laws or regulations or the owner a storefront property may share certain rights with the tenant who runs a business there in any case a real estate owner can only exercise the bundle of rights within the limits of other laws for example a homeowner's right of enjoyment does not allow them to ignore local noise control laws let's look at each of the rights a little closer right of enjoyment the right of enjoyment gives the title holder the right to participate any lawful activities they find enjoyable on the property for example they have the right to put their feet up on the couch and watch TV right of disposition slash transfer the right of disposition protects the title holders right to transfer ownership permanently or temporarily to another party basically it means you can sell rent or will the property you only get this right when the property's owned outright and money is not owed to another party such as a lender remember that what a property is sold any existing loans are paid off before the seller has the right to sell the property an exclusion can also apply if the property subject to a lien which is when money is owed right a possession the right of possession simply states that the title holder is the legal owner of the property right of control / use the right of control means the owner can use the property in any manner that is legal note that when there is a homeowner's association association can place additional restrictions on uses like patio decoration or pet ownership right of exclusion the right of exclusion allows the owner to limit who may into the property however easements may be a place which override this right such as utility companies right to access power lines and not that you'll have to worry about this but a search warrant authorizing entrance to a property can also override the right of exclusion and that's what you need to know about the bundle of Rights a buyer who purchase a property gets a bundle of rights when the title is transferred and these rights generally give the buyer the freedom to use the property for legal use this is Jo for prep agent as always keep it concise and keep it simple