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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

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.

Can you charge interest on a mechanics lien?

Depends upon the wording of the law in your particular state but usually, no. The seized property itself is the collateral for the amount owed - and in most cases is (or should be) worth more than the amount of "mechanics" lien.

How long does it take to pay a lien?

a lien lasts against real property for 10 years and remains a personal debt against the person for 20 years, in most states. if you wish to pay off a lien, that can be done very quickly. if you wish to pay off a lien, what you must do is request a payoff letter from the cerditor or holder of the lien, then pay that sum to them, and get a satisfaction of lien, or release of lien from the creditor to file with the county clerk as soon as possible

Can dominant estate having a right of way easement shift the easement to entirely separate another property from the easement?

No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.



No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.



No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.



No. The dominant estate is the property that owns the right to use an easement over another person's land (the servient estate). The dominant estate has no right to shift the location of the easement. That can only be done with the consent of the owner of the servient estate, in writing and recorded in the land record.

Is money personal tangible property?

Money is considered personal property and personal property is part of a person's estate.

Can a natural child claim rights to a deceased parents assets if property was jointly owned with a stepparent when the stepparent never adopted the child legally and the natural parent left no will?

If the parent and step-parent owned the property as joint tenants with the right of survivorship then full title passed to the step-parent upon your parent's death. You have no rights in the property. You may have an interest if the property was owned as tenants in common. In that case your parent's half would pass as intestate property according to the laws in your state which you can check at the link below. You could view or obtain a copy of their deed at the land records office to confirm how the land was owned. If you think you may have an interest you should speak with an attorney and show her/him the deed.

How do you find a stolen car?

A telephone, and a description of the vehicle. Call the local police.

You will also need specific information on the car that was stolen:

  • Year, make, model, VIN
  • Where last seen, time and date

CALL the police and they will ask you for all the details they need.

What recourse do you have if your neighbor cuts down a healthy tree on your property?

You could attempt to sue in small claims court as recourse. However, if the limb was hanging over their property line in any way the neighbor is legally justified in cutting the limb back until it no longer crosses their property line. On the other hand if there was no notice/request provided by the neighbor, they trespassed onto your property or some issue with the tree is caused by the neighbors removal (i.e. the tree becomes diseased or dies from the limb removal) there could be some form of legal recourse. ==Clarification== A tree problem is best addressed in a friendly manner and by the cooperation of the parties involved. However, many neighbors who own large trees are uncooperative. If limbs from your tree are hanging over your neighbor's property and causing a problem those limbs can be cut back to the property line with or without notice to you or your permission. The work should be performed by a certified arborist. If the neighbors can agree on a professional trimming and the tree owner is willing to grant permission, a more aesthetic pruning can be done if the arborist is allowed to prune the offending branches back to their collar and try to maintain the symmetry of the tree. The results may be more pleasing than branches cut off at the property line. The right to trim branches hanging over your property from a neighbor's tree has evolved from old English common law.

Can a co owner force a sale of the property if the other is living in it?

Yes, by a partition. See related question.

Yes, by a partition. See related question.

Yes, by a partition. See related question.

Yes, by a partition. See related question.

Federal authority is...?

whenthe government uses its power to enforce laws

Can a property owner remove a fence that a neighbor has encroached upon without permission?

If not prohibited or limited by zoning, covenants(rules and regulations, usually within a development), you can build a fence on your own property. If you mean to ask whether the fence can straddle the line if the neighbor does not agree, then the answer is "no". In most jurisdictions, after enough years have passed, fences will often "become" the property line and "trump" the survey or deed line. Therefore, its important that you are not giving away property by setting the fence too far in on your line.

What do you call a person who signs a contract?

That person would be the attorney-in-fact under a Power of Attorney.

What is the difference between a decree and judgment?

A judgment is a court's determination of the rights and obligations of the parties in a case. A judgment is a judicial decision made in a court of law. The term judgment includes a decree and any order issued by a judge from which an appeal lies. Traditionally a decree is a judicial decision in a court of equity, admiralty, divorce or probate.

What is the legal age to rent and apartment in Chicago?

A person has to be at least 18 years old to be able to rent an apartment. However, a minor who has been legally emancipated may be able to rent an apartment.

How To Write A Proof Of Residence Letter?

Most police stations have pre-typed affidavits which you can fill in and just get stamped and signed by them. If you want to do it yourself though, it should look something like this:

I, (your full name), of (residential address), hereby state that (full name of other person) is my(tenant/son/father/nephew etc) and resides with me at the above mentioned address.

Please check local legal requirements as in some places it may be necessary to quote your ID or social security number, and that of the other person.

If you need to prove your own residence, a bill (telephone/utilities etc) which bears your name and residential address along with a government recognized form of photo identification (ID/driver's license/passport) should suffice.

What is the difference between a perpetual lease and a sale deed?

A lease is the written agreement under which the property owner allows the tenant to use the property for a period of time in exchange for the payment of rent. A sale is an agreement in which property is transferred from a seller to a buyer for a fixed price.

How do you find property to buy by paying back taxes?

Answer

In some cases, yes, you can, but it depends on whether the bank, county, state or whoever is selling it has other criteria on the purchase. Probably will be some fees along with the back taxes and don't forget, even though someone has "lost" their property because they haven't paid their taxes, they may still get it back even if it's been posted, taxes paid by another, paperwork signed. The owner will still have a fall back period in which they can come up with the money and pay it and it reverts back to them.

Can the property owners gate your easement without your consent in Washington state?

The language in the document that created the easement must be reviewed by a legal professional. For this type of situation you need to consult with an attorney who can review the situation and explain your rights and options. It is likely that you will need to, at least, have a letter sent from an attorney to the property owners if you find they are violating your easement rights.

Why people destroy public property?

Growing up with a lot of stupid people, most people vandalize because they're bored as hell or they have nothing better to do. The reason they do it is also because it's fun to break stuff or mess around. This is usually done by teens in high school or even mid 20's late 20's. Pretty much all the way from 10 year olds and 22 year olds every were from those ages.

How long does a judgment against your property stay on the record?

10-20 years depending on state laws and the type of judgment that was awarded.
This varies from state to state, so check the laws of the state where the judgment was obtained. In NJ a judgment is valid as a judgment until it is paid or discharged through court process, like in bankruptcy. BUT: The judgment's effectiveness as a lien on the defendant's property is only for 20 years, but the judgment holder can extend it for another 20 years. The reason for the expiration is so that judgments that may have been paid but not discharged of record or just abandoned by the judgment holder do not clutter up the records.

Neighbors block driveways?

in ny that is ticketable on all cars except ones specifically registered at that address. get the car ticketed, then towed. that's your last resort. i assume you have tried discussing it with these neighbors? kimberly

Does Massachusetts have a homestead act to protect homeowners in case of bankruptcy?

AnswerYes, Massachusetts has a Homestead Act to protect a person's primary residence from creditors. Some protection is automatic. For more protection the property owner can record a Declaration of Homestead in the Registry of Deeds. A link is provided below.

This makes the acts and treaties of the United states paramount to those of the states?

There are two provisions in the US Constitution that do this. This first as to all acts by states is that the US Constitution is the supreme law of the land. Any state action that contradicts either the Constitution or act of the United States is invalid. The second is that the Constitution forbids states from making treaties with foreign nations.

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