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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

Is there a time limit for claiming life insurance death benefits?

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 assumes he is still alive (in the case if a paid-up policy) or any unpaid premium notices will alert the executor that there is a policy in force. If the policy had been paid up and no one makes a claim, the insurance company will start looking for a beneficiary at the time when the policy was to mature. (Usually at the time when the insured would have been 95-100 years of age) My company used to sell insurance all over the world, including in Russia before the 1917 revolution. We left there shortly after World War I when the ruble was made non-convertible and we couldn't continue to operate. Back in the late 1980's, someone brought me a copy of a policy on a relative who had died in the '50's. The policy had been "paid-up", meaning no more premiums were due. My company had been holding the money waiting for someone to file a claim. After providing evidence of death and convincing us that they were direct descendents of the insured, we paid them the original face amount (not a huge sum) plus interest on that amount calculated from the date of death (which was a pretty large sum). So there's no time limit. It might get harder and harder to prove you're the right person to receive the proceeds, however.

Can you legally remove yourself from a HOA?

This depends on the CC&Rs, Bylaws and other governing documents of the HOA you are trying to get out of. Odds are, you can't get out for any reason other than by the approval of a majority of the homeowners in the association.

An easier way to get out of a HOA is to sell your home and buy another home not governed by a HOA.

Is my marriage legal in mexico when you only married legally in california?

  • If you both have lived in Mexico, got married then you would immigrate to

    Canada as husband and wife and it is legal in Canada.

Can you place a lien against property owned by a family member if you paid the taxes on the property?

Sue them in small claims court. * Paying the taxes does not necessarily mean that the owner of the property would be legally obligated to repay the lender or said person would have any legal clam to the property in question. The party who paid the taxes needs to obtain a promissory note from the property owner showing the tax payment was a loan. That being the case, the lender might be able to recover money spent (as noted in a previous response) by suing the debtor in small claims or another state court, if the lender did not voluntarily repay the loan. Please be advised, the majority of US small claims courts are for monetary recovery only. Therefore, it might not be possible to execute a small claims judgment as a lien against real property.

Can a life estate owner sell property in West Virginia?

No, they do not own the property. They have the right to use the property and any income that might be generated by the property, but they do not own it. If they agree with the owner to sell it, they should be compensated for some percentage of it, based on rental rates or income that it generates. A life estate owner can't include the property in their will, because upon their death, they no longer have any rights in the property.

If a husband and wife are both on the title but only the wife's name is on the mortgage and the house goes into foreclosure will the husband's credit be affected?

Someone made a big mistake when they gave only the wife a mortgage. The lender can foreclose on only her half interest in the property, not the husband's interest. The lender's interest will then depend upon how the couple held title. Depending on the state where the property is located a tenancy by the entirety would create the most difficult stuation for the lender. You should speak with an attorney to determine the status of that mortgage and your rights in your particular state.

If your tree falls on someones house who is liable?

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 not have been hanging over onto the yard (i.e., the tree is diseased, the limb presented an obvious danger in wind), then it's incumbent upon the landowner on whose property the tree is growing to properly trim it.

Are deed restricted community unconstitutional?

No, it would be illegal for the federal government to place such a restriction but not for smaller units of government to do so. This is assuming that you are referring to the United States' constitution and not a particular state. Powers not specifically taken by the federal government in the Constitution are granted to the states. This power is typically allowed to roll downhill to counties, towns, and even subdivisions.

Is Michigan a community property state and what are spouses entitled to?

Michigan is not a community property state, it is an equitable distribution state. Marital property and assets are divided in a manner that will allow both parties to have as equal a share as possible, but not necessarily a 50-50 division.

NJ long term capital gains tax?

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.

After a foreclosure can you stay in the property and buy back the property from the bank?

From the desk of R If you have not voluntarily signed the property over to the lender that you were in default with there may be a way. Depending on what state you are in there is a time set called "right of redemption period" The best experts to speak with that can offer you all of the details in your state are attorneys that deal with foreclosure. However, even when that process is available, (and even where applicable it normally only applies to Tax certitifcate foreclosures, not mortgage or creditor ones) it absolutely requires you to pay for the property, and all late fees, accrued interest, costs incurred in the sale and resale, and a, (normally fairly high), interest rate for the period the new buyer has had it plus any costs and imporvements made during the redemption period, in one lump sum. Generally meaning, even if you think you could possibly get a new mortgage for the place (which with a foreclosure claose at hand is unlikely), the amount of that mortgage (or that you would pay for it), is higher than it's value. In California, the only way is to re-purchase the property. If it sold at the foreclousre auction, even back to the lender, it's final. Adding: The proceeds of the foreclosure sale go to the one foreclosing. The title and ownership (making it possible for them to then get possession through eviction or such), go to the successful bidder. (This can be the same party, as in the bank). Only by buying the property back from that party, if they even are interested in selling, for whatever terms they demand (cash/terms/etc.), can one once again own it. Possession, which is the termmyour using but does not equal ownership, is possible if that new owner is interested in renting to you. (Of course, if it is the same lender that foreclosed, considering their last experience in receiving timely payments, they may not want to rent to the one they foreclosed on, if they are interested in renting at all!)

If your neighbors fence fence falls on your car is he liable?

Yes. You should have taken photos. They are the best evidence. You should get a couple of fair estimates for repairing the damage and send them to your neighbor with a nice letter informing them of the incident.

What legal action can you take if a dog poops on your lawn?

None, but if he is off the leash you can do something. Most areas have a leash law and you can complain to your local police or dog pound that a dog is running around off the leash. The owner will be given a warning. In my town 3 warnings and the owner is fined. Call your local police and ask about the leash law.

Can your siblings force you to sell your mothers home if you were given a life estate and you occupy the home?

No. You must sign a deed of release to relinquish your life estate. Your siblings have no authority to force you to surrender it. If they wish to sell and you don't want to relinquish your rights then they would need to sell the property SUBJECT TO your life estate and the buyer would need to purchase the property SUBJECT TO your life estate.

How do you remove a lien on property that is not my debt someone else whos name is like mine?

Tax liens will only be removed after they have been paid, been discharged through bankruptcy or the time to collect (statutes) have expired, or an agreed amount has been Paid thru the "Offer in Compromise" program.

Can you have a car in your name without a driver's license and have someone with license be the driver?

Yes, it is perfectly legal to own a vehicle if you have no license to drive it and have a licensed driver chauffeur you around.

What is Violation of an ordinance?

It is similar to a traffic ticket as far as your record. An ordinance is a local law or 'rule' that is not put in place by the state. It is usually either the county or the township. Most of the time, depending on the nature of the ordinance violation, the charge won't be considered a 'criminal act' or a misdemeanor. Therefore, it may not show on a criminal record.

Is a mobile home real or personal property?

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. Whether or not the land on which the mobile home is located is owned by the dweller could also play a part in how the property is assessed. If you are in California, the double wide is only consdired to be real property by a lender if it is on a permanent foundation.

What is a land speculator?

Land speculators purchased up a great deal of land that became available in the Dakotas following the US Civil War. These people did not have intentions of living on the land or developing it. Instead, they held on to the land in hopes of selling it at a higher price to individuals that were interested in moving to the area.

Is a fence real or personal property?

A fence is real property because it is permanently affixed to the land.

Can a co-owner get a injunction against the co-owners?

No. If the property is owned by two people and one did not consent to the lease then the lease is invalid. You need the written consent of all the owners.

No. If the property is owned by two people and one did not consent to the lease then the lease is invalid. You need the written consent of all the owners.

No. If the property is owned by two people and one did not consent to the lease then the lease is invalid. You need the written consent of all the owners.

No. If the property is owned by two people and one did not consent to the lease then the lease is invalid. You need the written consent of all the owners.

What happens when an individual either is not available or otherwise does not pick up certified mail?

I just received a certified letter notice that the Post Office attempted to deliver to my home address on 2 different occasions. It also stated by a specific date (2-3 days from the last delivery attempt) this Certified Letter would be delivered back to the sender.

Hope this helps !

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