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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 an executor remove property before probate?
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.
Can a hoa put a lien on your home without going to court?
When you purchased your home in the association, you agreed -- in writing with your signature -- to abide by the governing documents.
Placing a lien on your home may indicate that you have failed in some way to honour your obligations to the association.
You can hire an attorney to challenge the lien. Be prepared to offer evidence of your non-failure to honour your obligations, or some evidence that you have not signed some agreement that you believe is required in advance of the lien action.
ClarificationHomeowners Associations are set up in the recorded documents that govern a fixed community whether it is a community of condominiums or free standing dwellings each on its own lot.
By your acceptance of your deed, your property is subject to any rules and regulations, by laws, fees, dues, special assessments, or restrictions that were set forth in the governing documents including those that created the HOA. The HOA generally does not need your additional consent since you purchased your property subject to the HOA.
The answer to your question is yes.
Who is responsible if neighbors tree falls on your car?
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.
Who is responsible for tree trimming in a rental property?
You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.
You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.
You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.
You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.
How can you find out is your name is on a deed of a house is already sold?
The title company which is involved in the transaction would have contacted you for a quit claim if your name had been on the deed. Alternatively, you may be able to obtain a copy of the deed from your county recorder. Also, in Arizona, many counties list the owners on a website. I am not sure of any others.
No, because there is a lien against the property, any change of title would be construed as an attempt to avoid the lien holder taking any action.Under the law this is considered a "fraudulent conveyance" and even if it was implemented the title change would be deemed invalid by a court.
What are the advantages of land reform?
Land reclamation will definitely increase land area for a certain country. With more land, more buildings and infrastructure can be built, and also for other reasons. In Singapore, land reclamation is intense, and reclaimed land is everywhere. It is used to build Marina Bay, which is the location of Integrated Resorts, financial centers and the Singapore Flyer, a ferris wheel. The world-famous Changi Airport is also built on reclaimed land. One of the seaports is also located on reclaimed land. The entire "East Coast Park", which consists of a park, a man-made beach and housing, is also situated on Singapore's largest scale reclaimed land. Reclaimed land is also present on neighboring islands for housing, industry and many more purposes. Netherlands has also reclaimed a lot of land to prevent flooding. Netherlands is actually situated below water level, thus prone to flooding. These lands are called polders, where the land is also below water level. Almost 20% of its land is reclaimed land! As the saying goes, "God has created the world, but the Dutch created Netherlands". Dubai reclaims both land and artificial islands. Examples are the Palm Islands, The World, The Universe and the island which Burj al-Arab is situated on. The Palm Islands are for beauty, as well as housing. The Palm Islands can be seen for space, and is definitely a spectacular view. The Palm Deira will be the largest man-made island when completed. This has definitely increased Dubai's land area, as well as its coastal perimeter. The Dubai Waterfront, situated beside Palm Jebel Ali, will be the largest waterfront and largest man-made development in the world. Artificial islands, as mentioned before, are also part of land reclamation. The Kansai International Airport in Osaka, Japan, and the Hong Kong International Airport are built on artificial islands off the coast of the main country. Artificial islands cost a bomb to build, and are very risky. Of course, there are also many other examples, such as the Tokyo Bay area and Rio de Janeiro. However, as there are advantages, there are also disadvantages too. Land reclamation can be damaging to corals and marine life. Corals are usually moved to another place when land is to be reclaimed. The corals might not be able to survive in that certain habitat, and thus die out. In some countries, where the project is large-scale, they do not even bother to re-plant the corals elsewhere, instead just reclaim the land on their habitat, causing them to die out immediately. Marine life, such as fishes, might not have enough food after the underwater plantations are destroyed due to reclamation of land. This applies to the food chain. The waters might also be polluted from the soil used to reclaim land, causing the fishes to die and blocking out sunlight, depriving the underwater plants of growth. Marine habitats are also destroyed, as mentioned earlier; therefore, the marine creatures would be forced to move to another new habitat. Some might not be able to adapt, and thus die out. Some would just die without even finding a new habitat, as they cannot move long distances in water. Of course, the reasons and examples look tempting to us humans, but marine life is life too! We should try to protect is as much as possible, instead of just focusing on the advantages.
How do you reverse a judgment lien on property?
If the judgment lien was awarded TO you then you can choose to not enforce it. Do not hand it over to the sheriff for recording in the land records. Do not have it served on the debtor. If it has been recorded you can ask the court how you can record a proper release. In Massachusetts the execution can be returned to the court as "Satisfied in Full" and then the "Satisfied" copy certified by the court will act as a release once you record it.
Can you lien someone's property without a court judgment?
If most cases, the answer is no. However, it depends on the type of lien in involved. In California for example, there are laws that allow a contractor to file a mechanic's lien against property if the contractor has not been paid for work done on the property. However, the lien becomes null & void if the contractor does not file a lawsuit within 90 days after the lien was recorded.
I have an easement on my property but it doesn't say what it is for?
Answer
What exactly does the language that refers to the easement say? It could be many things and it should be defined somewhere in the chain of title. A professional title examiner should be able to determine its origin and description. You should be able to obtain an answer by contacting the attorney or title company that represented you when you purchased the property.
They cannot do that. There is an implied easement from the original parcel from which your land was created or carved out. You should be able to go to the Clerk of Courts and find the original parcel--they are usually very helpful. Most property records in NC are online for the larger counties like Wake, etc. You may have to go to court, but an attorney's letter can be just as effective.
ClarificationLandlocked land is surrounded by land of others on all sides. If you buy land that is already landlocked you may have bought a problem. Landlocked land is an extremely complicated legal issue and the devil is in the details.First and foremost is the question of when did the land become landlocked. Many landlocked parcels are ancient eighteenth and nineteenth century woodlots or sprout land that was originally separated from the main homestead and farm. The original owners acquired those tracts, sometimes before any roads were established, to furnish wood for building, heating and cooking purposes.
Access was not a concern at the time. They used cart paths to access the property and no one complained about another farmer crossing along the cart paths to access their wood lots (or distant fields in some cases). Landlocking also occurred when a farmer would carve out a small parcel for his child to build a house nearby and no one thought to add a right of access to the deed description. That small tract would then get passed down without legal access.
As the original owners died and their estates were passed down through inheritance those old landlocked parcels were sometimes forgotten. They came forward with no access. For those types of landlocked parcels the modern abutters do not have to grant a present owner access over their land. It would be unfair to impose that obligation automatically on land owners.
There are a few remedies the landlocked owner can explore:
- Purchase access from an abutter.
- Sell the land to an abutter.
- Hire a good attorney who specializes in land issues who can build a case for an easement by necessity or perform extensive title research to try to find some ancient right of access. This type of lawsuit is expensive.
In more modern times states have codifiedprotection for buyers whereby an owner of a larger tract cannot sell a parcel that doesn't have access. However, those laws apply to conveyances where the seller owns the surrounding land and has the ability to grant a ROW.
You must consult with an attorney who can review your situation and explain your options.
Does a Notice of Lis Pendens need to be renewed?
That depends on your state law. When you go to sell or refinance it will still show up and you may encounter some problem- either a title insurance company will want a premium to "insure over" it, or it could give your buyer the right to back out. Better deal with it now if possible; it's like a little time bomb that could go off and make problems for you. You should record a release in the land records.
What are the effects of pirated movies?
Basically when a movie or other form of entertainment is pirated and sold or otherwise made available to others, the effect is that the people who own that property are deprived of profits they would otherwise have made.
Movies, for one example, cost a great deal of money to make and take a great deal of work by very many people to make them. They go to this trouble in order to make money back, to pay for what the movie cost and to make a profit. Some of these profits go into making other movies.
Thousands of people have jobs making movies. If all movies were pirated, there'd be no money to make more movies, so we'd have less entertainment and all the people who worked to make movies wouldn't have jobs any more.
It's easy to think we're just saving ourselves a few dollars when we buy or watch a pirated movie, and that we're not hurting anyone because movie companies have so much money that they don't notice anyway, but it's not that simple.
Imagine if you design a really good jacket, and people like it so much that you and your friends set up a workshop together so you can make lots of jackets, which you sell. You use the profits from your jackets to buy more equipment and hire more people to make more jackets, and so on.
But if someone buys one of your jackets and copies it, and then sells their jacket much, much cheaper than yours, people won't buy your jackets any more.
You and your friends will lose all the money you put into setting up a place to make the jackets, and the shops that sold your jackets will close. All of you will not only make no more money, you'll owe lots of money to other people for things you've bought to help make and sell your jackets. And all of you will have lost your jobs.
What does community property state mean in a divorce?
Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. Divorce proceedings in community property states (especially when a lot of assets are involved or when there has been a separation as well) can be very complicated. The divorce is the same as it would be otherwise with the general community property presumption and the party claiming an item is not community property bears the burden.
Can you purchase an easement in the rear of your home?
Not likely, the easement is there because of something that the utility company has in place there. It also provides the ability to run utility lines from one place to another including your neighbors' homes.
If the easement isn't being used by the utility company they may release it for a fee. In the case of very old easement rights in Massachusetts there are liaisons at the utility companies who can research an old easment for you and they will release it if it is not needed, no longer used or if it was never used. There is a fee of at least several hundred dollars.
What books are in the public domain?
The answer varies depending on what country you live in. The rest of this answer presumes you live in the United States; if not, then you will need to ask your question again being specific about the location.
That said... it's complicated.
Any book published before 1923 is in the public domain for certain.
However, that applies only to the exact text of the book as published before 1923. If the book was later reprinted, there may have been changes to the text, and these changes will not necessarily be public domain.
Translations of works published before 1923 are not in the public domain unless the translation was also published before 1923. The King James Version of the Bible, a translation published before 1923, is in the public domain. The New King James Version of the Bible, a translation first published in 1982, is not.
Works published after 1923 may be public domain, but you would probably need to consult a lawyer to be certain.
A fence can be put up in a yard to keep pets from running around and allowing them to run around without being strapped to a leash. It can provide safe boundaries for a child and clearly demarcates boundaries between houses.
What if a neighbor says he owns whole driveway if part of it on your side of line?
You may need to get a survey prepared (unless you have one already) and show your neighbor what the problem is. If your neighbor disagrees or pulls out a survey that seems to show your neighbor is right, you may wind up with a lawsuit to "quiet title" if you two can't otherwise come to some kind of agreement. One way might be to chip in 50%50% and have a third surveyor come in. But be careful because one or both of the prior surveyors may have already put in stakes that would give away the situation.
How can you get a copy of a deed online?
Not all property records are available online. You need to do a search of your county, state and "land records" to find the location of the land records in your area. You should find a website and then will need to search the site to see if records and copies are available online. Many land record websites are difficult to navigate for a novice. If you find a website you should call their office to see if you can download documents from your computer. Many offices are extremely helpful and often fill orders quickly if so requested.
Some counties will require the book and page or block lot or reel and page number of the document. Many offices will check the index for you if you can give them an approximate date of acquisition, otherwise you'd have to get a referral to a willing abstractor to pull that info, copy the deed and send it out.
On the other hand, there are thousands of online services that do document retrieval for a fee. Online services are good if you're in need of the deed quickly but if you can wait a week or two you should contact the county in which it was recorded since it is much more costly to use a commercial document retrieval company.
Can you be age 17 and rent a house or an apartment?
i don't think you can. Iv been looking for a flat for the last month and im 17. Me and my boyfriend went to look at one and we really wanted it, until they said we cant as we are under 18. So, what you can do is..the person over 18 signs all the paperwork and signs the contract saying he/she is staying there alone. All you have to do is move in with them and give them the rent money for you and then they pay the rent. That is the only way you can do it, that's what im trying to do.
Do you need planning permission to build a conservatory in your garden?
Answer
Good advice but it depends where you live. In the UK the recent relaxation of planning have thrown up some differences between UK countries. Depending on size, shape and precedent planning might not be needed. Speak with the company building/supplying the conservatory, they should know. In some areas if the conservatory is of a certain construction, single storey and is no greater than a third the footprint of the dwelling, no planning is necessary. Look around to see what has been built near you, knock on the door and ask the questions.
Can you be nude in your own garden?
It depends on where you live and what your local statutes are.
For example, where I live, you can be naked in your yard as long as your genitals can not be seen from the main road, from a shared driveway, or from your neighbor's house either from a high window or standing flatfooted in the center of their yard looking toward your yard. What that means is if there is a six foot fence separating our yards and a neighbor looks at my yard from the center of theirs flat on their feet, they obviously couldn't see my private parts. But if they looked from a second floor window and saw me, I would be in violation. Also, if they stood on a ladder, box, or climbed the fence, they would be in violation of peeping.
So it again depends on how private your yard is and your local laws.
There are also many places worldwide that tolerate or allow people to be naked such as clothing optional beaches and resorts.
If some one puts a lien on your property can they make you move?
Technically a forced sale of property for debt in most states is legally possible, the reality is it is a very occurrance. All states have homestead exemptions which are to be used to protect a primary residence from a forced sale by creditors. It is very important for the homeowner to know if their property is automatically protected by state law or if they are required to file a declaration of homestead with the county property recorder's office. Creditors are extremely reluctant to use a forced sale of a home to collect debt owed. The procedure is complicated, time consuming and seldom garners enough money for repayment of the debt. In addition, most state laws have loopholes that can be used to prevent such action, and a few states have laws that forbid the forced sale of a primary residence by a judgment creditor.
