Beneficial interest: Difference between revisions

Revision as of 09:45, 21 December 2016

BENEFICIAL INTEREST is the, “Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control.”^[1]

BENEFICIAL USE is, “the right to use and enjoy property according to one’s own liking or so as to derive a profit or benefit from it…"^[2]

Beneficial use is a legal term describing a person's right to enjoy the benefits of specific property, especially a view or access to light, air, or water, even though title to that property is held by another person. ^[3] This may also be termed "beneficial enjoyment".

While Americans once came to this land in the hope of owning a lawful title to their own land something else seems to have taken place since that early struggle.

Today, a United States citizen, along with almost everyone else in the world, only owns a "legal title" to the land and property he enjoys and must pay the state a use tax to continue to enjoy what he imagines to be his property.

“The ultimate ownership of all property is in the State; individual so-called ‘ownership’ is only by virtue of Government, i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”^[4]

Originally man in the state of nature was a capitalist which is the way God intended him to be. If you want to get back to where you began you have to find out how you got to where you are at. You have to want to know the whole truth and be willing to provide for it.

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Footnotes

↑ Black’s Law Dictionary 3rd p 206
↑ Black’s Law Dictionary 3rd p 206
↑ A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or Personal Property held by a person who has equitable title to it while legal title is held by another.
A beneficial use involves greater rights than a mere right to possession of land, since it extends to the light and air over the land and access to it, which can be infringed by the beneficial use of other property by another owner. If a dispute arises from the conflicting ways in which two Adjoining Landowners exercise their respective beneficial uses of their property, a court, exercising its discretion, may adjudicate those rights.

A beneficiary of a trust has beneficial use of the trust property, the legal title to which is held by the trustee.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
↑ Senate Document No. 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933.

[1] Black’s Law Dictionary 3rd p 206

[2] Black’s Law Dictionary 3rd p 206

[3] A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or Personal Property held by a person who has equitable title to it while legal title is held by another.
A beneficial use involves greater rights than a mere right to possession of land, since it extends to the light and air over the land and access to it, which can be infringed by the beneficial use of other property by another owner. If a dispute arises from the conflicting ways in which two Adjoining Landowners exercise their respective beneficial uses of their property, a court, exercising its discretion, may adjudicate those rights.

A beneficiary of a trust has beneficial use of the trust property, the legal title to which is held by the trustee.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

[4] Senate Document No. 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933.

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[2]

[3]

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@@ Line 4: / Line 4: @@
 '''BENEFICIAL USE''' is, “the right to use and enjoy property according to one’s own liking or so as to derive a profit or benefit from it…"<Ref>Black’s Law Dictionary 3rd p 206</Ref>
-While Americans once came to America to own their own land something else seems to have taken place since that early struggle. “The ultimate ownership of all property is in the State; individual so-called ‘ownership’ is only by virtue of Government, i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”<Ref>Senate Document No. 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933. </Ref>
+Beneficial use is a legal term describing a person's right to enjoy the benefits of specific property, especially a view or access to light, air, or water, even though title to that property is held by another person. <Ref>A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or Personal Property held by a person who has equitable title to it while legal title is held by another.
+: A beneficial use involves greater rights than a mere right to possession of land, since it extends to the light and air over the land and access to it, which can be infringed by the beneficial use of other property by another owner. If a dispute arises from the conflicting ways in which two Adjoining Landowners exercise their respective beneficial uses of their property, a court, exercising its discretion, may adjudicate those rights.
+: A beneficiary of a trust has beneficial use of the trust property, the legal title to which is held by the trustee.
+''[http://legal-dictionary.thefreedictionary.com/beneficial+use West's Encyclopedia of American Law], edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.''</Ref> This may also be termed "beneficial enjoyment".
+While Americans once came to this land in the hope of owning a lawful title  to their own land something else seems to have taken place since that early struggle.
+Today, a United States citizen, along with almost everyone else in the [[world]],  only owns a "[[legal title]]" to the land and property he enjoys and must pay the state a use tax to continue to enjoy what he imagines to be his property.
+“The ultimate ownership of all property is in the State; individual so-called ‘ownership’ is only by virtue of Government, i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”<Ref>Senate Document No. 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933. </Ref>
+Originally man in the state of nature was a [[Capitalism|capitalist]] which is the way God intended him to be. If you want to get back to where you began you have to find out how you got to where you are at. You have to want to know the whole truth and be willing to provide for it.
+{{Network}}
 == Footnotes ==

Beneficial interest: Difference between revisions

Revision as of 09:45, 21 December 2016

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