Asked in MortgagesProperty LawDeeds and Ownership
Deeds and Ownership
The act of taking ownership of property because it has been cared for by the owner of an adjacent property?
June 11, 2007 1:27PM
the term is adverse possession...it requires generally a period of 10 years of ongoing open, hostile, continuousand notorious use of the property that you attempt to claim
Is a quit claim the same as taking yourself off title of property?
Asked in Property Taxes
What can be done if I owe property taxes and do not pay?
Asked in Children and the Law
What happens to an adult child caught taking mother's money without permission?
Should the mother wish to prosecute, the adult child will be arrested for larceny (theft), defined as: the taking of the property of another with the intent to permanently deprive them of that property. There is no allowance made for family relationships, unless that relationship gives rise to joint ownership (ie, a husband can't "steal" joint marital property from his wife)
Is private property always private?
Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking. Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking. Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking. Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.
Asked in Criminal Law, Law & Legal Issues, State Laws
What is NJ penal code 2c20-3a?
2C:20-3. Theft by unlawful taking or disposition a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof. b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto. Section 3(a) means theft of personal property. Personal property is something that can be picked up and moved (movable property), such as furniture or money for example. Immovable property would be taking something that represents something else. For example stealing a deed to a home. The home is immovable but you stole ownership by transfering ownership under the deed.
Asked in Criminal Law
Does ownership of property being taken change a charge of burglary?
No. If you did not own, or have full legal acess to, the property at the time the offense was committed it amounts to a crime. Depending on the circumstances and the timeframe of your potentially taking full legal possession of the property, you might conceivably be able to plea the charge down to a lesser offense such as "trespass."
Asked in Law & Legal Issues
How can you take ownership of a abandoned mobile home on my property?
The laws of most (all?) states record the ownership of mobile homes as if they were vehicles (which, technically, they all are). Find the VIN number, usually located somewhere on the frame (usually in the area of the A-frame), and contact your state DMV. If there is no DMV record for it, you must research the laws of your state for the porcess of taking possession of "abandoned" property which may require you to make a diligent effort to locate the owner (such as taking out advertisements in your local paper, etc). In most states you simply can't take possession and assume ownership of something that does not belong to you.
What is the difference between mortgage and pledge?
The differences between a mortgage and a pledge: 1. The Security in Mortgaged is an immovable property, while in a pledge it is a movable property. 2. In a pledge the ownership of the pledged property remains with the debtor (the pledgor or borrower). In a mortgage, the ownership of the mortgaged property is transfered to the creditor (banker or mortgagee). 3. Delivery of the property is essential to a pledge; hence the goods delivered by the pledgor or borrower will be in the custody of the banker. But, in a mortgage, the possession of the property will be with the borrower. 4. In a pledge, the banker (pledgee) can sell the pledged property without the intervention of the Court. In a mortgage, except in English mortgage, a mortgagee can sell the property only with the permission of the Court. 5. A pledgee does not have the right of foreclousure (i.e. cannot debar the pledgor or the borrower from taking or redeeming the pledged property). But, in a mortgage, a mortgagee (borrower) has the right of foreclousre, i.e., can debar the borrower from taking back the mortgaged property under certain circumstances. M.J.SUBRAMANYAM, XCHANGING, BANGALORE
Asked in Jobs
Taking ownership of the job and seeing what needs to be done and doing it are?
In Michigan if you are taking care of property adjacent to yours for 24 years do you have claim of adverse possession?
If you have been "taking care" of the property by agreement or permission you cannot make a claim of adverse possession. If you have been using the property continuously, openly and contrary to the rights of the owner then you may have a claim. You should consult with an attorney who specializes in real estate law in your area if you think you have a claim. You need to know how to perfect your claim under your state law.
Asked in Mortgages
What is the job of a so-called forecloser?
Asked in Law & Legal Issues
How can get personal belongings back if it is on someone property with no tresspassing?
Asked in International Government
What is government taking private property for public use?
What do you call Government taking property for public use?
Asked in Intellectual Property, Copyright Law
Why do countries provide laws to protect intellectual property?
Because intellectual property is property. It is created and owned by individuals and sometimes businesses. People who produce intellectual property have a right to profit from it within certain guidelines and limits. Taking intellectual property and using it for profit without permission is stealing.
What are the Georgia laws for theft by taking?
Asked in Deeds and Ownership
How do you change a title on a deed?
Title is the legal relationship between a person and their property. A deed is the instrument by which title to real property is generally transferred. A deed is the legal evidence that a person owns a certain property. The grantee on a deed is the new owner of the land. The new owner has title to the property. A person who owns property has title, or, the right to possess, control, and dispose of it by their will or deed. If they die without a will the property will descend to their heirs at law according to the laws of intestacy. A deed must be in writing, on paper and properly executed. To be effective against the world it must also be recorded in the land records. It is evidence of ownership of land and therefore it is evidence of title. However, a deed is not the only means by which title to real property is passed. Title to real property can also pass through a will or other type of probate proceeding, by a court decree or by a taking in fee. In order to change the ownership of real property the present owner must execute a deed that transfers ownership to a new owner. Once that new deed is delivered the new owner has Title to the property.
What is adverse possession without color of title?
"color of title" means the squatter has a document that appears to convey ownership of the property being taken, such a defective deed. "without color of title" is any other taking by adverse possession of property, based primarily upon continued trespass for longer than the required statute of limitations, and some state require "cultivation, improvement, or enclosure" of the property, as a demonstration of the extent to which the property has been "occupied".
Asked in Liability Insurance
What are the characteristics of an insurable risk?
The essence of an insurable risk is essentially one in which the person or entity insured has an "insurable interest". This means, that the insured must have a reasonable expectation of advantage, usually monetary, from the continued existence of the property or life insured. It need not be an ownership interest. For example, a spouse who did not have an ownership interest in her husband's car, but who had the right to use the car, would have a sufficient insurable interest in it to support a contract of insurance. The lack of an insurable interest makes an insurance contract essentially a gambling contract--because the person taking out the insurance really has nothing to lose if the property insured is destroyed.
Asked in Ginseng
What is it when someone digs ginseng on private property?