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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

What is the statute of limitations on a lis pendens in the State of Wisconsin?

The purpose of a lis pendens is to warn the public of pending litigation which affects real property. As such, the statute of limitations pertains only to the lawsuit that the lis pendens was warning of. If there is no lawsuit to correspond with the lis pendens, then it is not valid. See a real estate attorney in your area if you have any concerns, as he or she can provide legal advise for your specific situation and state's laws.

How can you calculate to get high water mark?

If by "high water mark" you're referring to flooding, there really is no way to calculate it. howver, if the question is how to determine of a property is subject to flooding, the US Department of Housing and Urban Development has maps which will show lands which are located in a 50-year or 100-year floodplain.

How far does a fence have to be from property line in Montgomery county pa?

That issue is handled locally. You need to call your town offices.

Can a felon carry pocket knife?

Your probation papers should spell out any weapons provision quite clearly. If it says that you may not possess a weapon. then a pocket knife would fall into that category and you would be wise to not carry one. What you REALLY should be doing is contacting your PO and asking THEM.

Is it against the law for a landlord not to rent to a boyfriend girlfriend relationship?

I'm no lawyer, but...

I believe the answer is no.

The tenant has the right to peaceful enjoyment of the property.

That includes having guests.

Your question begs the question of why the landlord might not want your boyfriend there.

Changes are extremely high that your boyfriend is doing something wrong.

The landlord's duty is to complain in the right way, which may involve in the termination of your tenancy.

I suggest you keep your boyfriend on a tighter leash.

What happens to a tax lien on a property lost in foreclosure?

Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.

How do you find public tax records?

You can find them online, but what type of public records are you looking for?

Public records are commonly used to find information about people (as in a people search), learn more about someone's past (as in a background check), get specific data about a company or business professional, obtain various records (birth, death, marriage, divorce, etc.) and to see the value and related information for any piece of property.

Depending on the type of public records you want to find, you can try a Google search. Enter the search terms (for example, if you want to find a person you can enter "people search" or "people finders", if you want information about a piece of real estate you could enter "property records", etc.) and you should be able to find what you need.

How can a bar or restaurant be considered public property?

No. It is a business, thus, has an owner.

It really depends on what type of public place you mean. If you just mean "out in public," then yes, it is public and not a private residence. However, if you mean public as in government owned area that people can go to freely and which is patrolled by police, etc, then no. It is a private establishment and the owner gets to set the hours when it is open, etc.

How wide is a state line?

To answer your question you would need to examine the layout for the particular road in question. There is no set width for roads and it is not unusual to find variable widths along the entire road layout. You could inquire at your local land records office to see where state road layouts are filed. Perhaps they could help you find the layout for the road in question. In Massachusetts they are filed by county. What you have asked would be a research project for a professional title examiner or a surveyor.

How do you obtain real property in Arizona by adverse possession?

= Kansas Statute 60-503 = Chapter 60.--PROCEDURE, CIVILArticle 5.--LIMITATIONS OF ACTIONS 60-503.Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act. History: L. 1963, ch. 303, 60-503; Jan. 1, 1964.

Who is responsiblefor the lien when a house gets sold the buyer or the seller?

The lien is on the house. That's one of the reasons it goes through escrow, to find out if there are any outstanding liens on it. If there are outstanding liens on the house that are discovered in escrow, the buyer can make the seller pay the liens or stop the sale of the house, but if they are not found, the lien still exists and the buyer has to pay them after the house is in their name. Escrow is a good thing although it is time consuming and costly.

How can you stop repossession?

Most automobile financing agreements allow a creditor to repossess your car any time you're in default. No notice is required. If your car is repossessed, you may have to pay the full balance due on the loan, as well as towing and storage costs, to get it back. If you can't do this, the creditor may sell the car.

If you see default approaching, you may be better off selling the car yourself and paying off the debt: You would avoid the added costs of repossession and a negative entry on your credit report.

3 ways to AVOID repossession

  1. 1. pay the notes
  2. 2. find someone else to pay the notes
  3. 3. slip the car aboard the space shuttle bound for MARS

As a repossession specalist, I can say that paying the bill is the best way to avoid repossession. If that is not possible, talk to the bank or lender. Believe it or not, they do not want your car, they want the money and will be more than willing to deal with you. They generally loose money on a repossession. 90% of the time that I receive a repossession request, the debtor is more than 65 days behind (average is 3 months)and is avoiding calls from the lender.

In regards to hiding the vehicle or other technique, if the agent is worth his or her salt this will only delay not prevent repossession and may end up costing the debtor more. Once a repo is made and the vehicle is auctioned, any remaining balance is charged to the debtor. This includes the cost of the repossession. The more it cost me to do the job, the more it costs the bank and that cost is passed on to the debtor.

Can you claim against your neighbor for fire damage to your property where the fire started on his property but negligence cannot be proven?

There is usually no need to file a suit. You just notify your insurer of your loss. That's what you bought insurance for. If they determine the neighbor is liable for your damages, the insurer will subrogate from the neighbor.

If your insurer refuses to pay for your loss and you are convinced your neighbor is liable for the fire and resulting damages, then you might consider a suit.

Bear in mind that just because the fire started on your neighbors side, doesn't necessarily mean that they started the fire themselves or are financially liable for it.

I would also recommend to contact your insurance company ASAP.

Can you sell a property lien?

You must pay off the lien and record a release in the land records.

You must pay off the lien and record a release in the land records.

You must pay off the lien and record a release in the land records.

You must pay off the lien and record a release in the land records.

How wide is a right of way?

There is no standard width of a right of way. Many ROWs originated long before vehicles were invented and were designed for use by carts, teams and pedestrians. You need to review the instrument that created the ROW in order to determine its width.

Is a condo private property?

Each condominium unit is the private property of its owner.

The land enclosed within the boundaries of the condominium project or community is private property as regards the general public. No one who does not have an interest in the condominium has the right to use or enter the property.

Exceptions would include such people as the owners' agents, employees, invitees, municipal workers, utility worker, postal workers, repair personnel, etc.

How do you file a quiet title in ny state?

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.



Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.



Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.



Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Does the wife inherit all if the husband dies in Texas without a will?

If there is no will, the property will be distributed per the state's intestacy laws. In Texas, the property is given to the surviving spouse under the community property laws. If the children are not the survivor's, then the property is split between the surviving spouse and the children. If they are minors, it will be placed into trust.

If a contract has been signed and a deposit paid can the buyer back out of the deal?

Certainly. The buyer can ask to be released from the sale by the seller and they can mutually agree to void the contract (sometimes with a token payment).

If not mutual, then the buyer's only chance to back out is if there are conditions of the contract that are not met before the closing.

For example, a contingency clause could be used to reserve the right of the buyer to back out if financing cannot be obtained, or if an inspection produces adverse results, or the seller does not meet some other specific condition.

Also, the buyer can refuse to accept a defective title, such as where it has been discovered that the land is encumbered with liens, lawsuits, hazardous waste assessments, squatters, forged or missing documents in the chain of title, or the like, which cannot (or will not) be removed prior to the closing.

Absent agreement or a legal excuse, a buyer who backs out could have to pay damages to the seller, as determined by a court.

How far from the property line can you build a fence in NJ?

Those matters are governed locally. You need to call your local building department.

Those matters are governed locally. You need to call your local building department.

Those matters are governed locally. You need to call your local building department.

Those matters are governed locally. You need to call your local building department.

What do you call A person who sells their house?

An estate agent is the person usually employed to sell a person's property. Usually with the aid of a solicitor employed by the seller/owner of the property.

How does undivided interest apply to joint ownership of real estate?

Undivided interest means that each owner has the right to the use and possession of the entire property and one owner cannot divide the property so as to own their half, for example, as a separate portion.

What is the difference between sale agreement and agreement to sell?

Answer

A "sale" is (colloquially) a completed transaction where the only remaining duties of the buyer may be timely rejection after inspection, and the only remaining duty of seller is to honor any express or implied warranty. This assumes the full price was paid during the sale and the goods were delivered, otherwise, the sale is not technically complete.

An "agreement to sell" is a contract that envisions (or defines) a future sale, thus all conditions precedent and other terms (delivery, payment, etc), continue to be "executory", that is, are yet to be fully carried out. A breach of this contract could result in a court order of specific performance, or for damages caused by the loss of the opportunity to buy or sell.

  1. DIFFERENCE BETWEEN SALE AND AGREEMENT TO SELL
  2. Transfer of property (ownership): - In a 'sale' the property in goods passes to the buyer immediately at the time of making the contract In 'an agreement to sell' there is no transfer of property to the buyer at the time of the contract.
  3. Risk of loss. The general rule is that unless otherwise agreed, the risk of loss primarily passes with property (Sec. 26). Thus in case of sale, if the goods are destroyed the loss falls on the buyer even though the goods may never have come into his possession because the property in the goods has already passed to the buyer. On the other hand, in case of an agreement to sell where the ownership in the goods is yet to pass from the seller to the buyer, such loss has to be borne by the seller even though the goods are in the possession of the buyer.

If a street has no sidewalks is a pedestrian allowed to walk on private property to avoid walking in the road?

It is never okay to walk on private property without permission. If the pedestrian walks on private property, the pedestrian is a trespasser.

What is the law regarding using a hidden tape recorder to tape conversations in a public place?

To tape someone without their knowledge can be illegal depending on the circumstances. It's illegal to record a private act without knowledge or consent but it's legal to record public acts such as speeches.