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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

A place for storing a car?

a garage

luckey numbers: 3 13 27 64 88 75 47 6

Word of the Day: Hobbledehoy- An awkward or ill-mannered young boy

Can your right of way ever expire if you have not used the road for more than 30 years?

Generally a right of way runs with the land and doesn't expire. However, the language used to create the right of way may limit its use and duration. If you have a question regarding what your rights are in the ROW you should obtain a copy of the instrument that created it and discuss it with a real estate attorney.

What is the difference between grand larceny and petit larceny?

The value of the property stolen. It depends on the law of the state in which you live. Petit larceny is usually a misdemeanor and grand larceny is a felony. In Nevada, for instance, if you steal $250 or more, it is grand larceny.

Who pays taxes on adverse possession?

It depends on your state law. Some states do require a 'squatter' to pay taxes on the property, but not all do. Also, there are some that it doesn't matter, but if you do pay taxes for the property, the amount of time that you needed to spend there to take claim of it, will be decreased. You should contact your circuit court or maybe a lawyer to see what the law is in your area.

Can you trim your neighbors tree if it is over on your property?

Yes, You have the right to trim a portion of a tree or other shrubs that is hanging on or over any part of your own property.

Air space property rightsMy understanding has always been you have the right to the space above your property line. See this ..

http://en.wikipedia.org/wiki/Air_rights

It is always better to discuss the problem with your neighbour but if there is no compromise you can cut any foliage to your boundary but must offer the cuttings to your neighbour as they are his/her property.

Why is there community property laws in some state's and not in others?

In the United States most of the community property states are in the West where legal systems were influenced by Mexican Law. The law in Mexico is based on Spanish Law which is derived from Roman Law (civil law). The law in Louisiana is traced through The Napoleonic Code to Roman Law. The community property states are:

• Arizona

• California

• Idaho

• Louisiana

• Nevada

• New Mexico

• Texas

• Washington

• Wisconsin

The law in the original colonies was influenced by English Common Law.

Are crops considered real or personal property?

Growing crops are considered to be part of the land. If a farmer sells her farm while crops are still in the ground she must reserve the right to harvest them. Once crops have been detached from the ground, or harvested, they become personal property.

Do property mineral rights expire over time if unused?

Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.

Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.

Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.

Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.

In the State of Arkansas what is the statute of limitations for the leaving the scene of an accident on private property?

In the state of Arkansas, if the crime for leaving the scene of an accident on private property is charged as a felony, the statute of limitations is 6 years. If the charge is classified as a misdemeanor, the statue of limitations is 1 year.

What do you do when you won't to be with someone and they won't to be with someone else?

i think you should wait, if they just got out of a bad relationship then they may not want to date again. but on the other hand if your not ment to be together then it may not work out.........

Can you have your neighbor's car towed away if she parks in your driveway?

In practice this is very difficult to do anything about. I know because it happened to me. The police weren't interested unless any damage was done to the property, and the council weren't interested unless the pavement was being blocked. Similarly, I am a lawyer and my litigation colleagues said there was pretty much nothing I could do about it except stick a sticker in the window asking them not to park there.

Another Perspective

It must depend on your jurisdiction. If a car blocks your driveway, preventing you from accessing it, the car can and will be towed by the local police and a citation will be issued. Most municipalities in the United States have town and city ordinances regarding how close a driver can park to a driveway. For example, there is a five foot limit locally. The police are happy to oblige when a property owner complains. If the car is parked on private property it certainly can be towed. If you are the owner of property no one else has the right to park their car in your driveway unless you have given them permission.

How do I File a quiet title in Arizona without a lawyer?

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.

You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

Is the sidewalk private or public property?

It depends on where the sidewalk is. A sidewalk situated on private property, such as the entry way to a commercial building or church, is private property.

Sidewalks along the street are treated differently. Although the landowner may own the land up to the center line of the street, generally, the town has taken easement rights that create rights in the public to use the street and sidewalk for all purposes of a public way. In that case, although the sidewalk is on private property the public has the right to use it for passage.

How do you put a lien on property in wa state when you live in Arizona?

== == Go to the county court where the property is located, Speak to the Clerk of the Court, and explain what you want to do. He/she will advise you how to proceed and if you need a lawyer or not.

What does vesting mean in relation to real estate?

Vested means you own the land unconditionally. For example, if your grandfather died and left his land to you in his will you have an equitable right to the property. To perfect (and protect) your right, his will must be probated. Once the will has been proved and allowed by the court the title to the real estate will vestin you. You would then be the legal owner.

What is the difference between a Deed and a Deed Of Trust?

A deed is the instrument used to transfer title to real estate. A deed of trust transfers property to someone to be held in trust for another. A deed of trust can have different meanings in different jurisdictions. In some states a deed of trust has the effect of a mortgage. A trustee holds the property until the debt has been paid. In other jurisdictions a deed of trust is a deed that transfers real property to a trustee who will hold title to the property indefinitely according to the terms of the trust. The trust may be one that was created in a separate instrument that is referenced in the deed or the trust may be set forth in the deed itself.

If your fence falls onto neighbors property can you enter his property to repair it?

Yes, if you were negligent in the maintenance of the fence. Otherwise, the neighbor's company will pick up the tab. If it is a shared fence both companies will share equally in the cost to repair or replacement of the fence with a reduction of the deductible by 50% for each owner.

If you own property as tenants in common and one owner files for bankruptcy how does that affect the other owners?

HIS portion of ownership may well need to be transferred (bought out), during the BK to pay his creditors. That can normally happen by the other TC owners doing so (sometimes favorably), or to another party.

What are the land lock laws in Tennessee?

What are the land lock laws in Tennessee?

How can I obtain access to my land that has been in my family for over 100 years? The property begins off the Rockwood golf course. Would they be responsible to giving me an access road?

How can i legally take ownership of a trailer abandoned on my property?

The laws of most (all?) states record the ownership of mobile homes as if they were vehicles (which, technically, they all are). Find the VIN number, usually located somewhere on the frame (usually in the area of the A-frame), and contact your state DMV. If there is no DMV record for it, you must research the laws of your state for the porcess of taking possession of "abandoned" property which may require you to make a diligent effort to locate the owner (such as taking out advertisements in your local paper, etc). In most states you simply can't take possession and assume ownership of something that does not belong to you.

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