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Can a person who only has the right to the exclusive possession use and enjoyment of property sell the property?
You seem to be describing a life estate. The holder of a life estate in real property cannot sell the property because they don't own it. They can transfer their life interest to another person but it would still end upon the death of the original holder.
The exception is states that allow "Enhanced Life Estates". Florida is one example. The owner of an enhanced life estate can sell the property.
What else can I help you with?
How can one claim adverse possession in Florida?
To claim adverse possession in Florida, a person must openly and continuously use someone else's property without permission for a certain period of time, typically 7 to 20 years, depending on the circumstances. This use must be exclusive, meaning the person is treating the property as if it were their own. After the required time has passed, the person can file a legal claim to gain ownership of the property through adverse possession.
What is the difference between Possession of Stolen Property and Receiving Stolen Property?
Possession means that you have the property, chances are you knew it was stolen. Receiving Stolen Property means that you got it and you knew it was stolen. Typically this would be the person that bought it from a thief.
Does a life tenancy form part of the estate of the person who granted it?
No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.
What does deprivation mean?
to remove or withhold something from the enjoyment or possession of a person or persons
If a person fails to get a deed to a property that they claim adverse possession on what happens?
If a person fails to obtain a deed to a property they claim under adverse possession, they do not gain legal ownership of the property. Their claim may lead to disputes with the true owner, who can assert their rights and reclaim possession. The claimant's investment or improvements made to the property may not be compensated, and they may have to vacate the property if the rightful owner enforces their rights. Ultimately, without a successful legal claim, the person retains no legal interest in the property.
What are Oregons laws regarding adverse possession?
Chapter 950 Oregon Laws 1999 Session Law AN ACT HB 2383 Relating to adverse possession; creating new provisions; and amending ORS 105.620. Be It Enacted by the People of the State of Oregon:SECTION 1. ORS 105.620 is amended to read: 105.620. (1) A person may acquire fee simple title to real property by adverse possession only if: (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years; (b) At the time the person claiming by adverse possession or the person's predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief: (A) By the person and the person's predecessor in interest, continued throughout the vesting period; (B) Had an objective basis; and (C) Was reasonable under the particular circumstances; and (c) The person proves each of the elements set out in this section by clear and convincing evidence. (2)(a) A person maintains "hostile possession" of property if the possession is under claim of right or with color of title. "Color of title" means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance. (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section. (3) As used in this section and ORS 105.005 and 105.615, "person" includes, but is not limited to, the state and its political subdivisions as created by statute. SECTION 2. The amendments to ORS 105.620 by section 1 of this 1999 Act apply to claims filed on or after the effective date of this 1999 Act. Approved by the Governor August 16, 1999 Filed in the office of Secretary of State August 16, 1999 Effective date October 23, 1999http://www.leg.state.or.us/99orlaws/sess0900.dir/0950ses.html
Does a property owner have less rights than a person claiming adverse possession?
That depends on the details. If the adverse possessor has met the time requirement for adverse possession the property owner has no defense to the action.
Is Possession of personal property is presumptive evidence of ownership?
in the absence of clear and compelling testimony or documentation to the contrary, the person in actual possession of the property is presumed to be the rightful owner. Disputable presumption of ownership.
What is cpsp 5?
§ 165.40 Criminal possession of stolen property in the fifth degree. A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor. New York Law
Can one person remortgage when two people are on the deed?
No. All the owners of the property must sign the mortgage so the lender can take possession of the property in the case of a default.No. All the owners of the property must sign the mortgage so the lender can take possession of the property in the case of a default.No. All the owners of the property must sign the mortgage so the lender can take possession of the property in the case of a default.No. All the owners of the property must sign the mortgage so the lender can take possession of the property in the case of a default.
Is possession of stolen property a misdemeanor in Kansas?
Kansas Statutes Annotated 21-3701 defines theft. One of the subsets of theft is possessing property known to have been stolen by another person. Whether the crime is misdie or felony depends on the value of the property. In Kansas, the person who actually stole the property is NOT chargeable with its possession--it has to have been stolen by one person and possessed by another.
How do you buy in simple fee your life estate?
If you own a life estate and want to own the fee simple in that property then you must buy it from the owner.A person with a life estate has the right to the use and possession of the property for the duration of their natural life or whatever terms were made when the life estate was created. Some other person owns the fee simple in the property and they will acquire the use and possession of the property when the life estate has ended.See related question link.If you own a life estate and want to own the fee simple in that property then you must buy it from the owner.A person with a life estate has the right to the use and possession of the property for the duration of their natural life or whatever terms were made when the life estate was created. Some other person owns the fee simple in the property and they will acquire the use and possession of the property when the life estate has ended.See related question link.If you own a life estate and want to own the fee simple in that property then you must buy it from the owner.A person with a life estate has the right to the use and possession of the property for the duration of their natural life or whatever terms were made when the life estate was created. Some other person owns the fee simple in the property and they will acquire the use and possession of the property when the life estate has ended.See related question link.If you own a life estate and want to own the fee simple in that property then you must buy it from the owner.A person with a life estate has the right to the use and possession of the property for the duration of their natural life or whatever terms were made when the life estate was created. Some other person owns the fee simple in the property and they will acquire the use and possession of the property when the life estate has ended.See related question link.
