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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

Which branch of government approves war?

In the U.S., the legislative branch of government is responsible, and has the constitutional powers, to declare war.

What power allows congress to take private property for uses such as an interstate?

The concept of seizing private property (with compensation) for the public good is known as "eminent domain." Federal, state, and local governments are allowed to take property for government use, with the most common uses ff property taken by eminent domain are for government buildings and other facilities, public utilities, highways, railroads, and public safety. Water and air rights can also be taken. The Fifth Amendment imposes limitations on the exercise of eminent domain: the taking must be for public use and just compensation must be paid.








In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?

California is a community property state. Your husband may need your signature to sell his property if it was not titled as "separate property". Property acquired after marriage may become community property depending on the source. If the property was inherited then you may have no claim. However, if the property was purchased then the following passage may apply: "In California, any assets that are acquired during marriage become community property, (i.e., belonging to both spouses), unless they are specifically acquired as separate property. Real property that is conveyed to a married man or woman is considered community property, unless it is stated otherwise. In order for a married individual to acquire title in his or her name only, the spouse must relinquish all right, title and interest to the property. Usually, this is done by executing a Quitclaim Deed to the property, which is recorded concurrently with the deed to the property." You should seek the advice of an attorney.

How do you respond to summons of eviction?

you are entitled to a trial, if you feel the eviction is in error, see your clerk of courts for the step by step process to fight the evictin. you may have as little as 5 days from the date of summons. each state is different. OR pack your bags!

Can one of two executors purchase the home and land from the beneficiaries with his inheritance before the estate is settled?

Yes, the administrator of an estate may purchase a home from the estate; however, that type of transaction is inherently a conflict of interest and would have to be approved by all beneficiaries having an interest in the property or by the probate court. Obviously a person buying a house wants to pay as little as possible to buy a house; but, the administrator has a fiduciary duty to receive as much as possible when selling the house. Usually, the administrator gets the consent of all beneficiaries to the transaction. They agree in advance that the sale price is satisfactory and that they have no objection to the administrator buying the house at that price. Sometimes administrators are required to apply to the probate court for the authority to sell the house and for permission to buy it. The administrator would have to prove to the court that the transaction is fair and above board. The beneficiaries would have an opportunity to raise objections if they object to the purchase price. If the administrator has no ownership interest in the property, he cannot force the beneficiaries to sell the house to him/her.

What can owners do with abandoned personal property at a rental residence?

I usually keep it for 3 months and place an advertisement in the local paper [keep copy for legal reasons] Then after 3 months sell it to refray expenses. Include this as a clause in any future lease agreements.

Is California a community property state?

Yes. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

When husband dies and ex-wife is on deed as joint tenant with survivorship to assure her interest of 25000 he owed her does new wife have any rights to property?

No, the new wife has no interest in this property. When one of the two tenants who hold title to a parcel of real estate as Joint Tenants With Right Of Survivorship dies, the surviving tenant instantly gains sole title to the real estate by operation of law.

Are balisong knives illegal?

They have been banned in some locales. In others, it is only illegal if you are carrying it concealed, with an intent to harm, or if it is over a certain length. Check with your local police department. You can also get around the law by carrying a balisong trainer that has a bottle opener instead of a blade.

Who owns the title of the property?

Ownership of real estate is evidenced and accomplished by a deed. The person who transfers the property is called the grantor and the person who receives it is the grantee. In any deed, the grantee is the new owner. The owner of real estate is said to hold title to it.

Is joint tenancy with the right of survivorship available in West Virgina for co-owners of real property?

Yes, joint tenancy is available in West Virginia. If you own property jointly with someone else, and this ownership includes the “right of survivorship,” then the surviving owner automatically owns the property when the other owner dies. The deed should state " . . . to Harry and Sally as joint tenants with the right of survivorship".

What is the legal definition of permanent structure?

There may be a statutory definition, or case law may have decided on one. You need to check the laws of your state. Otherwise it can be problematic but fences, trees, bushes, even sheds and such, are generally not considered permanent -- typically it is something requiring footings and/or a foundation and is depreciated as opposed to expensed off for tax purposes.

How can a lien holder foreclose on property?

Forced sale of property for debt is possible. It depends on state laws governing creditor action and judgment/lien execution. A primary residence is usually protected by a state or federal homestead exemption. Some states such as Florida have unlimited exemption which prevents any forced sale. W/O knowing the state of residency it is not possible to give a more specific answer..Macky (macky83@juno.com)

AnswerAs far as I know, in Minnesota, a foreclosure would not be possible. BUT, if and when the property is sold, the lien holder must be paid before the property can be transferred. But, I am not a lawyer. Clarification

In the state of Florida, if the underlying lien results from improvement to a personal residence, the home is subject to lien and forced foreclosure. Florida Statute 713 governs.

Rich property owners who exploit the working class?

According to Marxist thought, the word bourgeoisie was used for the rich class of property owners that exploited the working class. Karl Marx was a socialist and economist who lived from 1818 to 1883.

Your neighbor has overgrown tree and bushes over property line?

You can clip and trim the trees and bushes on your side of the property line. You cannot go in your neighbors yard. Make sure you know where the property line is by locating pins or having it surveyed.

Who are the 2 senators for Washington D.C.?

Washington DC is the seat of the federal government. It was formed pursuant to Article I of the Constitution. Article I not only grants Congress the exclusive right to legislate over the District (created by a cession of land from Maryland and Virginia), it also lays out the requirements for Senators and Representatives. One of the requirements is that Senators and Representatives represent States. Since Washington DC is a federal district and not a state, it has no Senators or Representatives.

Note that the 23rd Amendment gives people living in Washington DC representation in presidential elections.

What is maceda law?

Maceda Law in the Phillippines applies to the purchaser of real property by installment payments when the purchase becomes cancelled by a delinquency in payment. It provides the buyer with a right to a refund as a requisite for cancellation of contract due to delinquency when the buyer has paid at least two years. The refund is 50% of total payments; additional 5% per year after 5th year.

Can boats be considered personal property?

Yes, boats can be considered personal property as they are tangible assets owned by individuals or entities. Like cars or homes, boats can be bought, sold, and modified, and they typically require registration and insurance. Ownership of a boat grants the owner certain rights and responsibilities, including maintenance and compliance with maritime laws.

Who is the owner of a condominium?

The titled owner for a condominium unit is the person(s) who owns the unit and may also include the name of a lender who holds title with the owner.

The title is held in the local hall of records generally in the form of a deed.

Can someone come on to your property without permission and take something they believe they have partial ownership in?

The answer I received from Law Enforcement was "Yes". I had a hot tub stolen by a former tenant and was told that it was a "civil matter" and not a "criminal matter" when I spoke to the police. Pursuing a case would have cost more than the hot tub was worth.

What an example of intangible personal property?

Car, bike, skateboard, jewelry, kitchen table, boat, savings account, stocks, clothes, golf clubs, DVDs, TV, and tickets to a hockey game.

If you hire someone to trim a tree and that person damages a neighbor's tree while removing yours who is responsible?

That depends on whether the tree trimmers had their own liability insurance. If not then you would be held responsible because you hired them and set the situation in motion. That is definitely a question you want to ask anyone you plan to hire to work for you before they begin the work. Then you should get it in writing.

What is a boundry?

"Boundaries define limits, mark off dividing lines. The purpose of a boundary is to make clear separations between different turf, different territory

"The purpose of having boundaries is to protect and take care of ourselves. We need to be able to tell other people when they are acting in ways that are not acceptable to us.

Setting personal boundaries is vital part of healthy relationships - which are not possible without communication.

Resource:

joy2meu.com/Personal_Boundaries.htm

Are you allowed to attach a piece of wood to your fence on your neighbors side?

Generally no unless the piece will still remain within your property line, and even so a protruding piece of wood could be a hazard that you could be liable for. If it's a matter of the fence no longer being stable, you are responsible for your fence and if you can't stabilize it from your side of the property, you have a choice to ask your neighbor if it would be ok to stabilize it from their side, or to have it fixed so it doesn't need support, or take it down. One of the best ways of getting it fixed without paying 100% is if your neighbor likes having a fence you can say you'll have to take it down...unless they're willing to assist you --- but beware winding owning the fence with your neighbor -- the whole point of a fence is usually to keep you and your neighbor at a "friendly" distance.

How long can I stay in the house after the sale?

Ownership and possession of a property do not necessarily change at the same time. You could rent (or lease) the house from the new owners, if they choose not to occupy the house after they purchase it.

In many cases, however, it may be advisable to make "vacant of all tenants and their belongings" a condition of the purchase, if the new owner wants the prior owners (and their guests) to leave immediately.

There are situations in which it may also be acceptable to charge short-term "rent", say, $2,000 per week, for the first week and $10,000 for each week after that, or some other strong incentive for the previous owner to vacate as soon as possible.

One potential problem is that such "rent" may be taxable (e.g., in NH at 8%), and the buyer would have to file official papers as a tax-collecting landlord.