Unanswered | Answered

Property Law

~3300 answered questions
Parent Category: Law & Legal Issues
Property ownership has historically been the symbol of wealth and power. This has created traditions, laws and challenges involving real property and the deeds and patents that show the ownership.
A home inspection is limited to readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies are also excluded from the inspection; equipment, items, and systems will n…
Popularity: 109
Usually there is nothing you can do about it. But, if it is a new house, you might want to go and see the homeowner's association because there will be other homeowners that will have problems similar to yours.   You should bring an action for fraud if they intentionally misrepresented facts …
Popularity: 76
In practice this is very difficult to do anything about. I know because it happened to me. The police weren't interested unless any damage was done to the property, and the council weren't interested unless the pavement was being blocked. Similarly, I am a lawyer and my litigation colleagues said th…
Popularity: 167
Yes, It can be in your parents name if you are still a minor, a dependent or are still a household resident So long as "YOU" are also a scheduled driver on the parents policy. Failure to schedule your self as a driver is a common form of Insurance Fraud. So whether the policy is in your name or you…
Popularity: 342
Most automobile financing agreements allow a creditor to repossess your car any time you're in default. No notice is required. If your car is repossessed, you may have to pay the full balance due on the loan, as well as towing and storage costs, to get it back. If you can't do this, the creditor may…
Popularity: 290
It sounds good but think about it. Do you think lenders will loan money knowing if the debtor defaults, they cant get any money from the loan? Check this link... http://www.scbar.org/public/probono.asp
Popularity: 34
Statutes may vary from state-to-state, but if the "Damage" was from "general wear-and-tear" (Track marks from construction trucks, divots from same, gravel kicked around) the this would not be something he could go after you for. Best advice: he did you a favor by allowing you to build the fence? Be…
Popularity: 149
Insured natural Acts? Fortunately, no one is held liable for acts of nature. If a tree fell on your house whether from your yard or some other yard due to a natural occurrence you should be covered under you own homeowners policy for the damage. Likewise if your tree fell onto your neighbors house, …
Popularity: 832
%DETAILS% Answer No. In fact, the benefit will usually grow at interest until the insurance company can locate a beneficiary. One thing that some people don't consider is the fact that often an insured dies and no one knows he had insurance. Since no claim is made, the insurance either assum…
Popularity: 223
In addition to the information provided above you, as the former owner, may have responsibility for issues NOT disclosed about the property during your time of ownership such as buildings or structures on the property without having proper authority or permits, chemical contamination, structural def…
Popularity: 190
Fence and gate laws as they pertain to the installation and safety of pools are handled at the local (City, County) level in California. They are most commonly part of the the building code regulations.Please check with your State to make sure that the same is true for you where you live.   A…
Popularity: 75
The first question is: where is the pool? Who owns the property where the pool is located?If the subdivision is made up of individual owners, then the owner on whose property the pool exists is responsible for its maintenance.As well, it could be a public pool maintained by the local parks departmen…
Popularity: 46
Meaning of Leasing vs. RentingThey basically mean the same thing.The difference is the length of time a property is being rented.A lease implies a longer term such as a year.[This is from the library at Findlaw.com]If you're leasing, you've usually signed something saying you're committed to staying…
Popularity: 165
Until the debt is paid in full, or if the creditor decides not to renew. A lien in some states can last for 20 years before it needs to be reinstated. Check your state statutes, or with the recorder of real estate office where the lien was granted.
Popularity: 58
A lien can only be filed after due process of law has been followed. If there is no money owed to the plaintiff, a lien against any of the defendant's property would not be valid.
Popularity: 42
If it is secured to real property, you can move to avoid the lien (makes it go away).When you file a Ch 7 bankruptcy, all your debt goes away, but any liens survive, unless you specifically ask The Court to remove them.You must not have any non-exempt equity for the lien to be removed.The answer is …
Popularity: 67
Depends who's name is on the mortgage. If both names are on, then you would need both spouse's to take out a home equity line of credit.
Popularity: 64
Debts of a Spouse No, you do not become responsible for debts incurred before marriage. However, debts incurred during the marriage are "marital debts" and subject to an assignment of responsibility by a divorce court, unless otherwise specified in a prenuptial agreement. However, the creditors g…
Popularity: 221
OhioOhio is a separate property state.It is also considered an equal "contribution-distribution" state when the issue pertains to marital property. Generally property obtained during the marriage belongs equally to both spouses and will be divided equally during the dissolution of a marriage, unless…
Popularity: 217
Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon. If you owe the attorney a fee you s…
Popularity: 217
Perhaps you have mixed up your words in your question. It makes sense if read as, "If you painted your side of your neighbor's wood fence can the neighbor make you replace it with a new wood fence?" If that is the case, you had no right to paint your neighbor's fence without their permission and the…
Popularity: 226
In North America: It is best to get a photo release just to be sure because you may get sued for violation of their rights. If the image is used for commercial purposes such as to sell products or to imply endorsement of a product or if the photo is used in a commercial website -- that is, one spons…
Popularity: 181
Check your local land records office. Liens and judgments that affect the title to real estate must be recorded in the land records. The property will be listed as well as any reference to the property such as where the property is located in the record books. Get the book and page number, go to the…
Popularity: 104
When you purchased your property you were required to purchase title insurance, this sounds as if your septic system is on your neighbor's property, which should have been disclosed to you prior to purchase. The best way to proceed is get the advice of a attorney specializing in land title work.Best…
Popularity: 110
Answer In most states it is considered real property, in those that have to specific law as to how it is categorized the default statute could apply leaving it to the decision of the court. However, homestead exemptions pertaining to mobile homes are quite different than the exemption for a house…
Popularity: 42
Depends on who owns the fence, i.e. whose property it is on or who bought it in the first place. Often one person installs a fence (maybe 3 owners ago) then allows the neighbor to install wood on their side of the owners fence. This wood is the owners wood but people do it cause it is cheaper than i…
Popularity: 85
No. Mother Nature would be the "responsible" party. The homeowner is not "liable" for acts of nature. Your homeowners insurance is not responsible for a natural act that causes damage to property of another. Your neighbors fence is not listed as covered property on your Homeowners policy. If a tre…
Popularity: 107
Forcing Sale of a Property Each state has different titles for its courts and you should be able to look up this information on your locat court's website. For example, California has unified trial courts and are all known as superior court. Then there is the Courts of Appeal and the Supreme Cour…
Popularity: 108
If you have property that is paid off and are afraid of this then talk to an attorney about putting it in an irrevocable trust with you as the manager. You should do this anyway.  A Different PerspectiveA lien creates an interest in real estate that runs in favor of the entity that records the…
Popularity: 49
The lease option is signed by you and the other party. A 3rd party I don't think would be allowed to enter that agreement. If you are really interested in proceeding with this, you might want to check with an attorney first as no one on this FAQ can give that clear answer without having read the con…
Popularity: 39
Until it is paid off. There is no statute of limitations on civil debts. The property CANNOT be sold until the lien is paid off to the lien holder. ClarificationTENNESSEE- STATUTE OF LIMITATIONS ON ENFORCEMENT:Open Account (credit cards) 6 years Written Contract: 6 years Domestic Judgment: 10 year…
Popularity: 42
No, This is not appropriate, ( See Below ). In this situation the seller has basically made promises which it would be impossible to keep. It is almost certain the owner did not disclose this encumbrance of an owner financed mortgage note to the company that issued him a loan in the form of a colate…
Popularity: 51
It would be simpler to list the ones that are community property states. There are nine and they are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington State, and Wisconsin. All other states treat marital property differently, you might wish to refer to the statutes of the …
Popularity: 32
First, the last surviving parent's estate must be probated in order for legal title to pass to the heirs. If there was no will the property would pass to the heirs at law under the laws of intestacy and they would hold title as tenants in common. If that parent left a will it depends on the languag…
Popularity: 56
FOr as long as you have it in your possession.
Popularity: 60
Yes, they can refuse. The fence is their property, so you must have permission to join their fence to yours. If not, you can build to the edge of your property line, leaving a gap between the two. You can have your property surveyed to determine your exact property line, and if their fence is on t…
Popularity: 118
Answer They can do a credit check on you or check the electrol role to see if you have any financial links to any body else or share a home with them. You also have to fill out a mortgage application know as a Form 1003. You must disclose this information truthfully on your mortgage application.…
Popularity: 69
COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a commun…
Popularity: 31
If grandmother was the sole signatory on the car loan, and there are payments still remaining at the time of her death, then the Estate will be required to satisfy the loan amount. Regardless of who is awarded the car, the loan must still be paid off in order to gain total ownership of the vehicle. …
Popularity: 17
If two people own a home and only one signs a mortgage the lender cannot take full possession of the property in case of a default. The co-owner never consented to the lien on the property and never granted a security interest in their interest in the property. A responsible lender will insist that …
Popularity: 24
It is likely the only option is to file a lawsuit and present evidence that the property was fraudulently conveyed to the person who now holds title.
Popularity: 17
United States The laws vary from state to state. Generally, you must file a lawsuit against the debtor in the civil court of jurisdiction. If you win you can request a judgment lien and it can be recorded in the land records. In most states a lien can be placed against jointly owned property to the …
Popularity: 33
Answer All states have a set of exemptions that can be used by the debtor to protect specific types and amounts of real and personal property in a bankruptcy or lawsuit action. Creditors rarely use a lawsuit judgment to seize personal property such as household goods exempt or not, the process i…
Popularity: 41
Answer Not much if the issue pertains to a married couple, as Florida is a TBE state. Even debtor's who are unmarried have several options for protecting property both real and personal. The largest flaw in Florida's property exemption statutes would be that pertaining to vehicles. The sam…
Popularity: 11
Answer The neighbor is responsible for his own property. If your tree fell on his house, he is responsible for the damage. That is how homeowners insurance works. No one is "legally" responsible if it was a result of a natural occurrance. The neighbor whose tree fell and damaged the …
Popularity: 84
No one is liable for an act of nature. The neighbors own home insurance policy would cover damages to his home. It does not matter if it's your tree, the neighbors tree or one blown in from down the street. Answer If negligence can be proven, in that it's reasonable obvious that the limb should n…
Popularity: 20
Answer Lein on propertyIf you have a legal judgment against someone, you can put a sheriff's lien on anything they own(home/car/paychecks) etc.
Popularity: 24
No.My husband owned a house in North Carolina before we got married, he refinanced it after we got married the deed is in my name but the loan is not. Do I still have a legal right to the house when we divorce?Once the property is deeded in your name it is considered a gift to the marriage and you n…
Popularity: 21
No. Florida is a separate property state.
Popularity: 35
No, it is not a community property state.
Popularity: 21
Not if the couple reside in a community property state and the property was acquired during the marriage. In all other states the state's probate succession laws would apply. It is difficult to understand why the spouse would not be named on the property deed especially when she is the co-debtor, un…
Popularity: 34
Yes. Title 25, Chapter 318 of the Arizona Revised Statutes on "Marital and Domestic Relations" regulates the disposition of property. This chapter declares that the court can divide joint assets during a divorce or legal proceeding. These joint assets are referred to as "Community Property" and incl…
Popularity: 28
Answer Ownership applies only to the surface area. Any further claims would require mineral and water rights. no one can own the sky or air. Philosophically, we are all just stewards of the land anyhow. The size of the land that is owned is determined by the land survey/plot dimensions documente…
Popularity: 18
Most states do not allow an unlicensed contractor to lien property. Some states however, do allow a lien if someone is operating under the "handyman" laws so don't assume either way. You'll need to check your state laws.
Popularity: 26
For a true life policy there should be no questions for renewal. Here is the deal. If you were a non-smoker when you bought your life policy and you now smoke, the insurance company can not rate you as a smoker after the fact, nor can they cancel your coverage. When term policies go into renewal the…
Popularity: 19
You should be able to research this at your local land records office which is often the County Court Clerks Office. To find liens you need to check the recents owners of the property in the land records to see if any claims, liens or other encumbrances have been filed against them. The land record…
Popularity: 15
Liens have to be filed with the deed in the county court house. A visit there should provide you the information you want.
Popularity: 5
Yes, this is quite common.
Popularity: 8
No. They are liens on the property. Typically what happens is the property will be foreclosed and sold. The liens, including the mortgage, will be paid off in the order of being placed. Once all liens are paid off, if there is any money left over, there might be some money for the owner.  A …
Popularity: 16
When I lived in Nebraska with my husband, we had the house put in my name. I also bought two other houses for rental property, and they were also in my name only.
Popularity: 27
Answer Kansas is not a community property state. There's a list of community property states on the About.com Web site. There's also a discussion of community property and how it relates to reporting income from the IRS in Publication 555. Sources: http://taxes.about.com/od/taxglossary/g/Commu…
Popularity: 9
eat fruit and veggies all the time to survive, dont snack, ony eat healthy ly..leaves from trees mabe, theyre free and healthy, now you dont just get that anywhere do you? well maybe you can, but make the most of it :Ddont eat sweet - y thing - y s thanksIf you eat cheese too much in a day you'll di…
Popularity: 12
The current Kentucky road easement allows an owner of a landlocked parcel to cross over another's land in order to access a public road.
Popularity: 1
A real estate lawyer is a lawyer that specializes in real estate matters. By using the services of such a lawyer you will find that you are gaining the legal opinion of an expert. Most people think that any lawyer will do or there is no need for a lawyer at all. Everything is good until you have a p…
Popularity: 21
Almost anyone to whom you are indebted that is awarded a judgment in a lawsuit or that is eligible to file a Mechanic's Lien. In most US states judgments awarded in small claims court are of a monetary nature only and cannot be executed as liens against real property owned by the debtor.
Popularity: 4
When you rent out a property, you will need to decide if you wish to offer your tenants a lease or a rental agreement. Although these terms are often used interchangeably, they are not the same. A lease for a rental property has a finite term, such as six months or a year, for which a tenant will …
Popularity: 20
Nobody knows. The Law Commission could trace no legal precedent. In any case it is possible for the terms of a lease to make the tenant liable to cover such costs incurred by the landlord. However, the Tithe Act 1839 said that where there was a liability (to repair a chancel) attached …
Popularity: 28
Yes. For example, even without a written security agreement, your house or car or other property can have a lien attached when you have not paid for work done on them. This is called a "mechanic's lien" and could also apply to anyone who has delivered materials to your contractors for home improvem…
Popularity: 38
It may be legal to bury concrete on your property. However, if the concrete is level with the ground you may end up with higher ground than you started with.
Popularity: 1
Answer First, I will assume that someone has an easement to use this access road. There is no definitive yes or no answer. The magic words are: you can not cause an unreasonable interference with the easement. So if the access road is accross a cow pasture leding to a single house, then it's pro…
Popularity: 52
Answer Those are going to be dependent upon local health codes. There may also be state or county water quality statutes or regulations and local (and tribal, if applicable) zoning codes that specify minimum acceptable acreage for an approved septic system. Rules may vary according to the type …
Popularity: 53
If this question is about the law of property then the answer depends on what the law of your country says about it. It sounds as if it is a fixture, made of plastics, designed to contain some "moveable" objects which are car batteries. If this automobile battery container, which is made of plastic…
Popularity: 10
A charging lien is the right to charge property in anothers possession with the payment of a debt or the carrying out of a duty the only way to remove it is to satisy the debt
Popularity: 7
In the UK, the Land Charges Act 1972 is a statute of law that rules on matters dealing with third party rights to land and their legal standing in comparison to the owners of the land. These may include easements, puisne mortgages, statutory rights, restrictive covenants and estate contracts.The Lan…
Popularity: 4
Fences are governed locally and each has its own rules. You will have to check with the local town offices.
Popularity: 44
A salvage title is compensation which is allowed to people for services rendered in saving life from a ship aircraft or preserving the life of cargo which is in danger from being lost at sea the assistance must be volountary and the salvors must have a retaining lien for their renumeration on the pr…
Popularity: 3
Answer yes as long as they can pay the rent and dont cause damage it is none of landlords buisiness No, it is not illegal to have restrictions on who is allowed to rent property. Some places restrict residency to families, and blood relations, a boy friend/girl friend don't meet the requirem…
Popularity: 7
Answer Quite frankly, it would depend on where you live. My advice to you would be to visit the city or town hall and ask them for their advice. Chances are that you or your neighbour will have to hire someone to survey the land to prove who owns the land the fence currently sits on. Answ…
Popularity: 33
Answer If it is their house, no. If it is your house and you no longer wish them to live there, yes. A parent is no longer responsible to support an child that has reached the age of majority. We were told by Palm Beach County Florida sheriff's dept that you can't kick an adult child out of …
Popularity: 33
Definition of a Responsible OfficialAs defined in 45 CSR §30-2.38. Responsible Official means one of the following:a. For a corporation: the president, secretary, treasurer, or vice-president of the corporation in chargeof a principal business function, or any other person who performs similar poli…
Popularity: 3
Daccc industries llc, cerro gordo county, clear lake, Iowa , 50428Dan here,Just wanted to let you know, we can file all documentson your behalf or forward directly to you for a modestconsulting fee, varys on customised plans. fell free to contact me at419-348-7393ThanksDaniel Castellanos
Popularity: 11
Yes, you need to work with your City Hall's planning department and have it passed. I live in British Columbia, Canada and that's what we have to do. If accepted inspectors will come out to be sure it's done right and all is safe.AnswerGood advice but it depends where you live. In the UK the recent …
Popularity: 41
It would be best but if one decides to build anyway and it is permenantly placed, the structure would fall under the interest that one has. ie if he owns 25% interest, that's all he owns of the structure and all he will get for it when/if sold. I don't think he can use the land as collatteral either…
Popularity: 24
No, a life tenant has the use and possession of the property for the duration of their natural life. Upon their death the life estate is extinguished. The property does not become part of their estate.
Popularity: 6
Answer In Illinois Townships are a political subdivision of a county. They are largely used for tax collection but retain some of their original governmental functions (road repairs) in rural (unincorporated - not part of any city, town, or village) areas. The web site for Lyons Township (via Goo…
Popularity: 29
Answer to my understanding anything that lies below your property you own.. minerals most definately... oil can be tricky thou if the oil is under your property and someone elses property then you both own it most oil companies would pump the oil and give you royalty checks for the oil... and tha…
Popularity: 18
Answer No. They are legal definitions.
Popularity: 16
You cannot change a sheriff's deed to a warranty deed. A sheriff's deed is given pursuant to some action by a creditor against a debtor and it never passes warranty covenents. The debtor may have a statutory period of redemption. The grantee may need to obtain a confirmatory deed from the debtor to …
Popularity: 20
Answer Your side is your side, so no he cannot dictate what color to paint.
Popularity: 16
You could, but in the midst of divorce it is best to avoid doing anything out of the ordinary. The furniture sounds like a minor thing, so clean up the pool and move on. Leave each other's property alone.
Popularity: 2
Yes, in 1938, just before the war. Its apparently a bit of larceny of which the Mexicans are quite proud, as the Mexican government issued a commemorative coin to mark the 70th anniversary of the heist in 2008. The oil industry is nationalized in Mexico now, through the state-owned company Pemex. Th…
Popularity: 8
If you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in a…
Popularity: 5
You may be responsible for the difference in what you owe on the home and what the bank is able to sell it for. You are not still responsible for the payments.
Popularity: 1
pay what you owe
Popularity: 11