Inclusion Under Real Property: An Overview
Inclusion, a concept that has become increasingly important in modern society, is also a crucial aspect of real property law. In this article, we will delve into the world of inclusion and its significance under real property law.
What Is Inclusion?
Inclusion refers to the process of creating an environment that is welcoming and inclusive to all individuals, regardless of their background, race, gender, age, religion, or disability. In the context of real property law, inclusion is about ensuring that all individuals have equal access to and opportunities within a property or community.
Types Of Inclusion In Real Property
There are several types of inclusion that can be implemented under real property law. These include:
1. Physical Accessibility: This type of inclusion involves ensuring that properties are physically accessible to individuals with disabilities. This includes features such as ramps, elevators, and wide doorways.
2. Age-Friendly Design: This type of inclusion involves designing properties that are senior-friendly and accessible to individuals with mobility issues.
3. Cultural Sensitivity: This type of inclusion involves recognizing and respecting the cultural differences and traditions of individuals living or working within a property.
4. Diversity and Inclusion Policies: This type of inclusion involves implementing policies that promote diversity and inclusion within a property or community.
Why Is Inclusion Important In Real Property?
Inclusion is important in real property for several reasons:
1. Promotes Equality: Inclusion promotes equality by ensuring that all individuals have equal access to and opportunities within a property or community.
2. Enhances User Experience: Inclusion enhances the user experience by providing a welcoming and inclusive environment that meets the needs of all individuals.
3. Increases Property Value: Properties that are inclusive and accessible tend to increase in value, making them more attractive to potential buyers or renters.
4. Compliance with Laws: Inclusion is often required by law, such as the Americans with Disabilities Act (ADA), which requires properties to be accessible to individuals with disabilities.
Challenges Faced By Inclusion In Real Property
Despite the importance of inclusion in real property, there are several challenges that can be faced:
1. Cost: Implementing inclusive features can be costly, making it challenging for some properties to implement.
2. Lack of Awareness: Some property owners or managers may not be aware of the importance of inclusion or the laws that require it.
3. Resistance to Change: Some individuals may resist changes to their property or community, making it challenging to implement inclusive practices.
Conclusion
Inclusion is a critical aspect of real property law that promotes equality, enhances user experience, increases property value, and compliance with laws. While there are challenges that can be faced, implementing inclusive practices can have a significant impact on the lives of individuals and communities. As we move forward in creating a more inclusive society, it is essential that we prioritize inclusion in real property and work towards creating welcoming and accessible environments for all individuals.
Riparian Rights
Riparian rights doctrine is one of three theories, which regulates land connected to bodies of water and the law that pertains to the usage of that water from their land. The doctrine is currently the ruling law in several states, exceptions being states that lack rain or have an insufficient water supply. Riparian rights give land owners the right to use the water connected to their land equally.
Appropriation
The Prior Appropriate Doctrine is another one of three theories, which regulate land connected to bodies of water and the law that pertains to the usage of that water from their land. This doctrine is typically more popular in states that lack rain or have an insufficient water supply. This doctrine enables a first come first serve basis for the use of water connected to property of land owners. The detail of these laws vary depending on which state it is, with a majority of them having to set up a permit system that also states priority to the usage of that water.
Fixtures
Fixtures attached to real property become part of the property since it is then immovable. In order for this transformation to occur, the fixtures must be securely attached to the real property. When deciphering between what the fixture is, courts look to see what the initial intent of the property owner was, and then they look to see how securely it is attached. The last thing would be the use of the fixture, and whether it should still be considered personal property.
