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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.

2,990 Questions

Can a convicted felon own property in Hawaii?

A convicted felon should be able to own a home in Hawaii. Generally, only credit scores are run for home ownership, not background checks.

Can a neighbor screw a gate into my fence?

Technically, if your fence is on your property, then no, but if you want to keep the peace in your neighborhood then really think about whether the gate is disrupting your life or just a minor annoyance that you can overlook.

Can a room mate throw your stuff out and refuse to let you in if you are both on a lease?

No, because your belongings are YOURS. If the belongings were theirs being kept in your home / bedroom, then yes they can because the items are only being held in your vicinity. But something that is YOUR property belongs to you, and only you can make a decision about whether or not to dispose of it.

Will you go to jail for mortgage fraud?

Yeah. It's one big white collar crime. It's scheming for your money. Search up white collar crime and you'll know what I mean.

What are the essential requirements for success in an adverse possession case in Kentucky?

Adverse possession is the possession against the will of the rightful owner to the complete exclusion of the owner. The number of years required to claim adverse possession in Kentucky is 15 years.

How do you build a suppressor for a 22 rifle?

Basically by creating a series of baffles around the muzzle of the rifle. It is fairly easy to make, but adds a great deal of bulk to the weapon. And note that it is illegal to have such devices in many parts of the world.

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In the US, possession of an unregistered forearms silencer carries a penalty of 10 yrs in a Federal prison (no parole) and a fine of $10,000. If you want a legal silencer, you need to find a dealer with the license to sell them, who can guide you through the process.

If you are the owner of the easement who has right to use it?

It depends on the language of the easement itself, most importantly what the easement if for. An easement is a right granted by the land owner (fee owner) to go over, across, and/or under the land for a specific purpose. (e.g., utility lines, access roads) In the case of utility lines, only the party granted the easement (grantee) has the right to use it. In the case of an access road (e.g, a driveway across adjoining land), the easement can typically be used by the owner of the land served by the roadway as well as those who have business or are visiting that land. The underlying fee land owner is typically free to continue using the land in any manner that doesn't impinge on the rights granted by the easement.

What side of fence is mine?

Actually both! The Inside is yours the outside is your neighbor's

If there is a will and the spouse is not named in the will is the spouse entitled to receive anything from her deceased husband's estate?

Yes if she isn't named in the will the wife of the deceased is entitled to a share of the residues left after the will has been executed unless the will clearly specifies that she will not receive anything then this will override her legal entitlements.

What happens to your credit card debt after your death?

The use of such an instrument is illegal and could result in criminal and civil penalties, of stealing by deceit, fraud, etc.

If you are co-owners of property and one dies who owns the property?

What happens to real property upon the death of a co-owner must be set forth in the deed by which the parties acquire their interests.

If you own property as joint tenants with the right of survivorship or tenants by the entirety, when one dies, the survivor automatically becomes the sole owner of the real estate bypassing probate. The only responsibility of the survivor is to record a death certificate in the land records to clear the title. Tenancy by the entirety is reserved for legally married couples in those states that allow T by E ownership.

When two people own property as tenants-in-common, when one dies their half interest will pass to their heirs by their will or by the state laws of intestacy if there is no will.

The term "joint tenancy" should be reserved for a joint tenancy with the right of survivorship. Although many sources refer to tenants in common as a form of joint ownership that is a misuse of the term and is misleading. Joint tenancy and tenancy in common are properly referred to as different forms of co-ownership or concurrent ownership.

Who maintains a private road?

The owner(s) or user(s) that benefits from it's use. Like a HOA agreement in a condo.

Who can put a lien on your property?

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.

Caveat over a building property?

This is a form of security lodging against the property. It means that the person issuing the caveat has "say or control" upon sale of this property. Generally used when a personal guarantee is issued, and you want your money paid to you. However you cannot force the sale of the property, but you can be fully involved in the final sale and have rights to your money when the property is sold.

It is an excellent tool to use when you have personal guarantee. The Banks will have priority to you, but you will be next in line.

How do you put a lien on someones home without going to court?

Your first step should be to contact an attorney. Beware of self-help lien forms that are on the market. These will work fine if you are experienced in your state's real estate laws. If you are not experienced, even a small mistake can be grounds for voiding the lien and an award of attorney's fees in favor of the person who owes you money.

How to to put up a fence?

you put it up by banging in posts then putting wire on them or planks of wood.

Who signs the contract first the seller or the buyer?

Typically a real estate contract begins with a written offer from the buyer. The offer, to be official is signed by they buyer. From there there seller may make amendments and sign and amended contract, that needs to be approved and the changes are either initialled by the buyer and the seller or a new contract containing agreed upon amendments is resigned by both parties. The signing continues until a final agreement with all agreed changes has been signed by both parties. For further information, see the related link below.

How can you find evidence that a property is held in trust?

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

What is a release of lis pendens?

Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.

How can you preserve public property?

Probably the best way is to treat property that is not yours with decency. You don't have to go out of your way to clean/fix/protect it yourself, people have jobs for that, just don't mess it up yourself.

If everyone had the consideration to be careful and clean up after themselves this would be a better world.