Property Law

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.

Asked in Homeowner's Insurance, Insurance, Property Law

If a neighbor's tree fell on your property whose insurance is responsible?

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If the tree fell due to weather, the neighbor is not liable so it would have to be filed under your own homeowner's insurance. The neighbor is only liable if you can prove the tree was dead or dying and they did nothing to remove the problem.
Asked in Insurance, Homeowner's Insurance, Property Law

If a neighbor's tree falls on your property who's Home Insurance is responsible for its removal?

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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, the damage would be covered by his or her Homeowners insurance. I saw on one of the court shows where that exact thing happened. A tree fell into a neighbor's yard and damaged their fence. The neighbor tried to sue the guy who's tree had fallen. However, the judge said that it was not the guy's fault that mother nature caused the tree to fall. However, if the neighbor had given multiple written notices in advance asking the neighbor to please have the tree chopped down, the she would have had evidence that there was an on-going problem and the guy would have been responsible for damages to her fence. The analysis is somewhat more complex, and involves the issue of negligence. Stated otherwise, if the was known, or should have been known, to be rotten or otherwise subject to collapse, its owner was responsible for attending to it. If it does cause damage due to its weakened condition, the owner's liability insurance should answer for the neighbor's damage. The failure to have attended to the tree when the owner know that it was likely to cause damage is the essence of negligence. If, for some reason, the damaged party's insurer pays for the repair, it can subrogate against the tree owner (and his/her insurer) and attempt to recover its payment. That process is called subrogation.
Asked in Liens, Foreclosure, Property Law

What happens to a tax lien on a property lost in foreclosure?

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Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.
Asked in Criminal Law, Property Law, State Laws

What value constitutes grand larceny in Maryland?

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Maryland does not use the term "grand larceny" or "grand theft." Rather, specific punishments are set based on several different value ranges. The lowest is Theft under $100. It is a misdemeanor and carries a max sentence of 90 days in jail and/or a fine of up tp $500 Theft under $1000 dollars is also a misdemeanor. 18 months and/or $500 Theft between $1,000 and $10,000 is a felony. 10 years and/or $10,000 Between $10,000 and $100,000 is a felony. 15 years and/or $15,000 More than $100,000 is a felony. 25 years and/or $25,000
Asked in Deeds and Ownership, Property Law, Adverse Possession

Who owns the curb?

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An interesting question and not an easy answer. You may own up to the middle of the street but the public has the right to use the street and the sidewalk for all purposes of a public way if it is a public way. In some places the town owns the streets. It depends on how the street was originally laid out. There is no single answer. You would need to check the title to your property to find the original street layout. Street layouts are not universal. Some jurisdictions take easements of way and some own the fee to the streets. Some use a mixture of both. Sometimes the easement rights reach beyond the curb to include the far side of the sidewalk. Sometimes the rights end at the curb. The only way to answer your question accurately would be to find the original taking that created the city's rights in your particular street. An experienced title examiner would need to study all the road layouts, takings and accompanying plans to answer this question for any particular property.
Asked in Property Law, Liens

How do you contest a Mechanic's lien?

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I am an attorney in Cleveland, Ohio, so I am speaking from the perspective on Ohio laws. There are some passive and some aggressive ways to contest a Mechanic's Lien. First the aggressive ways. You can force the hand of the lien claimant by either serving them with a notice to commence suit or by filing a lawsuit yourself for declaratory judgment. The declaratory judgment is fairly uncommon for this purpose, I have seen it done once since I have started practice in 1984. The Mechanic's Lien statute offers the project owner only one strong way to contest the lien. That is by forcing the lien claimant to either file a foreclosure action on the lien within 60 days of the date that they were served with the notice or lose its lien rights. The problem with serving a notice to commence suit is that you may get what you asked for. Don't ask unless you are prepared for it. Even if the lien is a bad lien, you will still have to defend yourself in court and try to prove the lien bad. Again in Ohio, if you are a homeowner and the lien is against your residence, you also have a paid in full defense (this defense is not available in commercial projects). You can give notice of payment in full under the statute and turn the statute against the lien claimant as, if they do not release the lien and you prove in court that you are right about payment in full, the lien claimant will be responsible for all of your resulting damamges, including attorneys fees. I have attached some articles that I wrote for the Builders Exchange Magazine that you might find interesting.
Asked in Property Law, Estates, Probate

Can an executor remove property before probate?

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The named executor or family can secure the property and must immediately file the will and commence the probate procedure. Until appointed by the court, an executor has no legal authority over the estate. If necessary, there is en expedited process by which a temporary executor can be appointed by the court until the executor can be appointed.
Asked in Property Law, Archaeology, History of India

How can you preserve public property of India?

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Indian Constitution provides enough law to protect and to preserve the public property of India. A need is there to emphasize the importance and value of Public Properties. We shd stop depending on the government and shd take some individual steps as well.
Asked in Auto Insurance, Property Law

Can the car insurance be in your parents' name?

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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 your parents name, as a regular driver or with regular access you are required to be listed as a driver on the policy. I most U.S. states. A minor can buy a vehicle. However, due to the limitations of contract law where minors are concerned, A parent or other legal guardian would either have to provide the auto insurance or countersign the application for the Insurance Policy to be a legally binding contract Whether you live in the same residence as your mother or not, you bring up an important issue when you say "we're thinking this will be the most inexpensive way for me to drive." Most carriers will allow your mother to carry insurance on both the vehicles, though there could be a problem if you live in a separate residence and keep the old car there. However, all carriers would require that you be listed as an insured driver, particularly if you're the main driver of your mom's old car. Not adding you to the policy, and then admitting that you thought it would be the most inexpensive way to drive, is essentially material misrepresentation. Your mother pays for herself as a driver, but her rates wouldn't have you factored in. Most insurance carriers would promptly deny coverage in such a scenario if you were to have an accident. Of course, most people wouldn't admit that they were just trying to save money, which of course is insurance fraud (difficult to prove, but a mess when it is). So, have your mom add you to her policy. Her rates may go up, but in the end, it probably is cheaper than you buying your own policy. It would be best for her to maintain ownership of her old car, as well, to avoid confusion about what a covered vehicle is. Insurance companies now use the term "household". As long as the child (married or unmarried of driving age) lives in the same house as the parent, he or she is considered a household member, therefore needing to be in the policy. The only way to exclude a household member (of driving age) from an auto policy would be for the following reasons: 1. That person has his/her own insurance policy. 2. Never been licensed Insurance companies usually deny excluding a spouse from a policy, unless a divorce decree has been issued. Clarification It should be pointed out that in some jurisdictions the owner's name on the car registration must match the name on the insurance policy. If the car is in your name then your name should appear on the policy to avoid registration problems. The "insured" (name of the owner on the policy) must have an insurable interest in the property.
Asked in Criminal Law, Property Law, Landlord-Tenant Issues, Extradition

How long can a courtesy hold for extradition last?

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Not familiar with the term "courtesy" hold. If you are held for extradition as a fugitive from another state, there is no "courtesy" about it. It's simply "the law." ********** "Courtesy hold" is a common term to those familiar with the law. It means that a person is being held as a courtesy to an agency in another jurisdiction. This is common for example with the US Marshals when they arrest a person in one jurisdiction and have them held in a local jail until they can be transported. The exact length of time varies from one state to the next, but it is normally 7 - 10 days (enough time to arrange extradition paperwork and transportation).
Asked in Criminal Law, Property Law, Local Laws

What does non criminal local charge mean?

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Relying solely on the info given in the question - it sounds like it means that the charge has to do with a violation of some type of non-criminal municiapal ordnance. Generally a municipal or county ordinance or some type of civil infraction. It is considered local because not all surrounding areas will have the same law. ie. something that is against the law in a county but not prohibited by state law.
Asked in Banking, Property Law

What does joint account mean in a probate?

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Generally, a joint account is a non-probate asset that passes to the surviving co-owner bypassing probate. Generally, it is not considered part of a decedent's estate. If an account is described as joint but with no survivorship rights then the funds would become part of the primary holder's estate rather than automatically passing to the other joint owner. That type of account is generally set up for purposes of convenience to allow one person to pay bills and do the banking for another person.
Asked in Property Law, State Laws

Can you get a minor in possession ticket for just being at a party even if there were adults present and you had no alcohol in the room with you?

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You need to consult with a district court attorney in your jurisdiction who is familiar with misdemeanors. It may be worthwhile to clear your record. Based on the wording of your question, in most jurisdiction, the state would have failed to meet the requirements to prosecute for minor in possession. Most jurisdictions require three elements to be proven. The minor was under age at the time. The minor had in their possession an intoxicating beverage The minor knew that such actions were illegal at the time the offence was committed. Lastly, the Police must prove that they had reasonable suspicion to believe that you were underage. Merely saying, you looked younger than 21 is not grounds for probable cause.
Asked in Property Law

Is your trash public property?

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As a rule, your trash becomes public property if it's kept in a public place or placed in a public place for trash pick-up.
Asked in Property Law, Deeds and Ownership

What is property acquisition?

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Generally, property acquisition refers to a person or other entity acquiring title to real property by a deed. A deed is the legal instrument used to transfer ownership in real estate. Real property can also be acquired by inheritance and by a court order.
Asked in Law & Legal Issues, Property Law

Are you liable if someone gets hurt on your property while helping you?

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Maybe. It depends on how and why they were injured. You invited them on your property, so you owe them a high duty of care. If they were injured due to a faulty step or a hole in the ground that you should have repaired, you'd be liable. However, if they were injured due to their own negligence, you wouldn't be. For example, if I brought my own chain saw and my own beer onto your property and managed to cut myself while drunk, you probably wouldn't be liable.
Asked in Property Law, Deeds and Ownership

Do quit claim deeds expire?

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No. Deeds do not expire. No. Deeds do not expire. No. Deeds do not expire. No. Deeds do not expire.
Asked in Homeowner's Insurance, Property Law

How do you write a letter to a neighbor about their hazardous trees possibly damaging your property?

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Your letter should be friendly, direct, well written and polite. You should begin by saying something like, "Everyone is so busy these days that we wanted to bring something to your attention that you may have not noticed." You should simply state the facts and enclose a couple of photos to illustrate your point. It might be helpful to take a photo of the path the tree will take when/if it comes down that will also serve to imply the damages it will cause. Inform your neighbor the tree is in need of removal and state clearly the reasons why. If the tree has already caused any problems explain them simply with just the facts. For example: Several branches have already come down and the clean up was a considerable amount of work. Several small branches have fallen on our car and we do not want to wait until there is serious damage done. Large branches are growing over our garage roof and causing moisture damage. The tree is in such a hazardous condition we are concerned that the next big storm will take it down. You might add that your insurance company has advised you to contact the neighbor in writing in case the company is asked to pay for damages when the tree finally falls. You can offer to make a contribution to the cost if you are willing, can afford it and want to do everything possible to get your neighbor to have it removed. End your letter with a friendly, positive statement such as, "Thanks for your attention to this problem." Send the letter by certified mail and keep you green card in a file along with a copy of the letter and copies of the photos you sent. Either your neighbor will act upon receiving your letter or ignore it. If there is a disaster caused by that tree, or if you need to sue for damages at some later date, the green card, letter and photos will be prima facie evidence that your neighbor was negligent.
Asked in Property Law, Deeds and Ownership

What is land which is subject to an easement?

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An easement is a specific right in, over, or under land for a specific purpose and is considered to be one of the "bundle of rights" which goes with landownership (fee simple title). Ownership of the land itself does not transfer with an easement. Therefore land which is subject to an easement is known as the "subservient fee."
Asked in Rules of the Road, Property Law, Public Speaking

When does a public road become private?

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This is a complicated issue and the law varies in different jurisdictions. Research usually needs to be done on a case by case basis. Public roads are not usually transformed into private roads because when the state or town abandons a road the reason is that it is no longer used. Briefly, the government entity with control over the road must officially abandon it in the public records. Generally, the road is abandoned to title holders in descending order. For example, a state road must be abandoned to the county (if there is county government), and the county abandons it to the town. If the road is no longer used, the town can abandon it to the abutters. By that process (generally) the fee to the land reverts to the landowners on each side up to the center line of the road. It is not converted to a private road. To determine the process in your jurisdiction you would need to consult with an attorney who is familiar with real estate law.
Asked in Taxes and Tax Preparation, Property Law

NJ long term capital gains tax?

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Unlike the federal government, NJ does not have a special long term capital gains rate. All capital gains are taxed at the same rates as ordinary income.
Asked in Salary and Pay Rates, Property Law, Twitter, Nursing

How much do licensed conveyancers earn?

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Salaries for trainees start at around £15,000. After qualification and three years' experience, the salary range for is around £25,000 - £40,000 and salaries for senior management posts are £35,000 - £55,000. Partners or owners of conveyancing firms may earn £60,000 or more
Asked in Foreclosure, Property Law, Contract Law

What is a foreclosure under contract?

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That means a lender has executed a purchase and sale contract on a property it owns by foreclosure and a sale is pending.
Asked in Property Law

Can you live in a commercially zoned building?

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Yes. There are many commercial buildings with residential apartments on the upper floors. However, you need to check with the city code enforcement department to determine if the particular building has any legal residential dwellings within the building.
Asked in Repossession, Property Law

How can you avoid repossession?

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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 sell the car. If you see default approaching, you may be better off selling the car yourself and paying off the debt: You would avoid the added costs of repossession and a negative entry on your credit report. 3 ways to AVOID repossession 1. pay the notes 2. find someone else to pay the notes 3. slip the car aboard the space shuttle bound for MARS As a repossession specalist, I can say that paying the bill is the best way to avoid repossession. If that is not possible, talk to the bank or lender. Believe it or not, they do not want your car, they want the money and will be more than willing to deal with you. They generally loose money on a repossession. 90% of the time that I receive a repossession request, the debtor is more than 65 days behind (average is 3 months)and is avoiding calls from the lender. In regards to hiding the vehicle or other technique, if the agent is worth his or her salt this will only delay not prevent repossession and may end up costing the debtor more. Once a repo is made and the vehicle is auctioned, any remaining balance is charged to the debtor. This includes the cost of the repossession. The more it cost me to do the job, the more it costs the bank and that cost is passed on to the debtor.