Property law is best understood by a foundational theory known as “a bundle of rights” or “a bundle of sticks.” This metaphor paints property law as collection of rights, or sticks, rather than a set of rights to an individual piece of land. Diving into property law can open a whole can of worms, so here are some of the cliff notes.

Top Five Land Rights

1. Right to exclude others: As a property owner you have the authority to prevent others from entering or using your property. Generally, a landowner has exclusive access to their property but this can be subject to certain conditions or limitations as provided by law.
2. Right to use the property as you deem fit: Statutes enacted by legislative bodies, subject to the reasonable exercise of police powers can limit your rights on your property. Therefore, you may do what you wish with your property so long as it doesn’t conflict with, for example, a local zoning ordinance.
3. Right to transfer ownership: You can sell, lease or gift your property to others. This is limited by how you own the property. For example, if you own the property in a Tenancy by the Entirety with your spouse, you cannot freely transfer or sell the property or your interest in the property to someone else without agreement between the tenants (your spouse). This right encompasses your right to encumber your property. When encumbering your property, you’re transferring your interest (i.e. an easement) in the property to another individual or entity.
4. Right to compensation and due process when subject to government taking property for public use: Eminent domain statutes are an example where this right may be exercised by providing a limitation on the government.
5. Right to devise land: This is a significant right that gives a landowner the ability to pass the property to their heirs or beneficiaries through testate intestacy laws as developed by the state.

Q: When purchasing a new piece of land, do buyers only get surface rights or do they also gain the mineral and wind/air rights?
A: It depends. All or some of the mineral rights can be severed by a previous landowner. For air rights, you have the right to use the airspace above your property subject to the Federal Aviation Administration (FAA) or other government restrictions. Additionally, a new right recognized is subsurface pore space that could potentially be used for CO2 sequestration. It is important to do a detailed title search prior to completing a purchase to know the status of the mineral, surface and air rights.

Q: What situations would give the public or government rights to a property owner’s land?

A: The government or public may have a right to property owner’s land in several circumstances. Local, state and federal agencies have certain inspection and enforcement rights granted them by statute. If law enforcement has probable cause of a crime being committed, they may have a warrant to enter the property. If there are exigent circumstances law enforcement may be able to enter immediately. Eminent domain also allows the government to take land for public purpose. Indiana is a riparian rights state; however, the public has access to waterbodies up to the ordinary high-water mark on one’s property when it can be accessed without crossing your property.

Q: What should a landowner do when one of their basic land rights have been breached?

A: If a crime is committed, law enforcement should be contacted. In many cases it would be wise to contact an attorney. If a government agency is involved like the Indiana Department of Environmental Management (IDEM), there may be individuals to contact within that agency. IDEM, in particular, has an agricultural liaison who may be helpful.

Q: Who should a landowner contact first if their land rights have been breached?

A: Property owners should contact an attorney with specific legal questions if their land rights have been breached. However, as previously stated if a crime has been committed that presents the need for law enforcement, contact law enforcement first. 

In addition, you can always reach out to your local Halderman representative who can discuss your concerns and provide you guidance to an attorney, title company or governmental agency as appropriate. Land rights can be complicated and we are happy to help you work toward a solution to your concerns.