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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 a private contractor put a lien against a company that has not paid them?

If the contractor performed labor or provided materials for the company, then the provider of goods or services may claim a lien against the property which they provided the goods or services to. See a construction law attorney for details--check the phonebook for an attorney who gives "free consultations."

If a utility company has asked me for an easement on my property should they pay me for it?

You could slow things down by refusing to grant an easement. However, because of their very nature of providing vital services to the public, utility companies are given broad powers to take what they need to ensure the safety and operation of their lines. The utility company could pursue a court order or taking by eminent domain in order to get the land they need to complete their lines.

Can a subpoena be left at the front door of a house if you know the defendant is inside avoiding service?

A subpoena can be left in the door of your home, but it would not meet the legal requirements of proper delivery which is supposed to be by hand. However, if you fail to appear at court a warrant will be issued and it will be your word against the process server's that the subpoena wasn't delivered properly. If you know about the court date, whether properly served or not, it is in your best interests to attend the hearing.

Can you refinance your mortgage with a different mortgage company in your name only but keep your husband on the deed to the house?

If two people own a home and only one signs a mortgage the lender cannot take full possession of the property in case of a default. The co-owner never consented to the lien on the property and never granted a security interest in their interest in the property. A responsible lender will insist that ALL owners sign the mortgage. There are many lenders who break the rules in order to sell the loan. Many are only interested in collecting the high fees and costs associated with the initial transaction. They aren't concerned with good title if the borrower defaults since the loans are sold soon after the transaction.

It is up to the lender whether it will allow the arrangement you suggest. If your husband is not required to sign the note he will be required to sign the mortgage in order to make his interest in the property subject to your loan. That way, he will not be responsible for paying the debt but if you default on paying the loan the bank can take the property by foreclosure.

What is the difference between a legal lease and an equitable lease?

Suppose the testator left all her property IN TRUST with the profits to be paid over by the trustee to her son during his life, then the property would pass to HIS children at his death. In that case, the son would have an equitable life estate. If the testator granted her son the right to use the property and receive the profits from it during his life with the property to go to his children at his death then he has a legal life estate.

Can the police without a warrant or reasonable suspicion come on your property that is posted with no trespassing signs?

They can but any evidence that is collected would come into question during any court proceedings. If you have an unobstructed driveway or sidewalk that leads to your residence, it can be articulated that anyone may approach your residence. The rule is generally what a "reasonable" person would believe after seeing no trespassing signs, but then seeing a mailman or deliveryperson go to your house, and a clear walkway to your front door. Take away that "welcome" mat too. Gates and fences would reinforce the no trespassing sign, and the police would need a reason to approach your house.

What does seized in fee simple mean?

That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.

That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.

That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.

That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.

Do children have rights in or to community property if father dies but mother is living?

You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.

Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.

People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.

What recourse do you have if you unknowingly purchase stolen property?

Absolutely not. Recovered stolen property is returned to the rightful owner. If a reasonable person knows, or has reason to know, that property that has come into their possession, through gift or purchase, is potentially stolen, and that person maintains that property, they are guilty of possession of stolen property. This means that if your friend sells you a $2000.00 stereo for $100.00 (which is obviously a deal too good to be true) and you keep the property believing that it may be stolen, you could be charged with a crime. You should also keep in mind that you can say that you didn't believe that the property was stolen when you kept it; however, if a jury of twelve people think that you should have had enough common sense to know the property was stolen, you could still be convicted.

If a same-sex couple lives together but the home and mortgage are in the name of only one of the partners what happens to the house and mortgage if that partner dies?

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Is a cemetery niche for cremains personal or real property?

Cemetery property is defined as personal property, this is because you dont pay real estate taxes on it and your "deed" as it may be called is for only one use, an interment right (the right to place cremated human remains) inside of it. If it was real property your rights of use would be hinged with an ownership and you would be responsible for at least a portion of the property tax associated with the parcel.

What is a de facto government?

Answer 1:

De facto is latin for in fact and in political terms indicates a government that may have ceased power unlawfully. They may not be constitutionally in power, but are in reality. De jure is the opposite.

Answer 2:

De facto is a government supported by the people of the state and not by a constitution. De jure on the other hand is a government supported by a present constitution. For example: Corry Aquino's government.

Answer 3:

A de jure government is officially recognized by the constitution and other (neighboring) states, and sometimes even supranational and inter-governmental institutions. De facto governments are not recognized. De facto governments are caused by for example a revolution within (i.e. revolutions caused by the people of the State).

Is it legal to charge late fee on a rental?

it doesnt matter who you are, if you pay your rent late, you get charged, sorry my mistake, unless your aboriginal you get late charges.. katy

Can a towing company keep personal belongings that are in a vehicle that has been towed?

If you car was towed for a good and legal reason, then the company has the right to charge you money for the recovery of the vehicle - costs of towing and storage fees, usually.

What they do with your personal belongings is usually let someone pick them up. In some cases, they may feel that they have the right to hold them, as "security" for your payment to them. (In cases of a repossession, they should give the personal items back, as the finance company is paying their fee, and has no desire for your stuff.)

In theory, if you disagree with that, you could sue. But usually the cost of suit would exceed the value of most personal property in a car, and frankly, the tow company could as easily throw your stuff out and claim ignorance.

By all means, consult a local attorney. Always a good idea. But it might - in this case - be even better to just settle with the tow company, or plea in such a fashion that they take pity on you.

Is Georgia a community property state?

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.

There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.

If a tenant is breaking her lease what are your options as a landlord?

nothing realy unless you want to take her to small claims court and then even if you win you get nothing if she dosent work its a no winner sorry it has to be that way for landlords also this is for ny state so i dont no what state your in

look at your state laws. In California, you have to act quick and send them a 3 day notice to quit or pay form. If that doesn't work, then you file an unlawful detainer lawsuit with the courts.

Do illegal immigrants keep their property when they are deported?

Yes. But they cannot return to the US to go fetch them. They would need someone to send it to them.

Who has the power to sell government land?

Unneeded federal land is generally disposed of by the US General Services Administration's Office of Real Property Disposal, and public domain lands are sold by the Department of the Interior's Bureau of Land Management. While there are other federal agencies which have the authority to dispose of specific properties, the General Services Administration can refer you to them in those cases.

Does the property owner of ingress and egress easement have a right to put a gate up for security?

No because the easement is not owned by the holder. The easement holder does not have the right to put up a gate, they only have the right of ingress and egress through someone else's property.

What is person who buys land?

That person is the fee owner. The fee owner is the absolute owner who can leave the land to her/his heirs in a will, the land will pass to his/her heirs by law if there is no will, or, the owner can sell the land while still living. A fee estate is the maximum interest in real property.

How can local laws protect your private property from being taken away under the ruling of eminent domain?

Generally, no. Eminent domain is the taking of private property by the government for "public use,". The land owner can file suit and take their chances in court but those suits are most often filed over the amount of compensation paid by the state and the land owner rarely wins.

Can a married person sign a mortgage without spouse?

I would think so, the deed may be issued in your name only, and if you are taking on the mortgage yourself keep the deed in your name, your spouse will get the home anyway if you pass away, unless your will says otherwise. Also i would take out the insurance in case of death so the house gets paid for, its a little more added to the mortgage but if it is in your name and your spouse and something happens the mortgage gets paid, who knows what happens down the road. If newly married or for 5 yrs I would keep the home in your name, who knows these days? Divorce happens, couples fight, why worry down the road, why fight over the home, don't think it can't happen to you hope this helps

Can a house be sold if there is a lien on it?

Not necessarily. A lien is for a debt which is secured by the property. It might be for a loan the owner got, or it might be for work done by a contractor who wasn't paid (mechanic's lien). If the debt is in default, then the property might be subject to being sold to raise money to cover the debt (the property owner would keep any proceeds over the amount of the lien). Or, the lien may simply lie dormant until the owner wants to sell, and hinder the sale until it is satisfied.

In Texas, if the home is your Homestead. It cannot be taken from you whether or not you have a lien unless that lien is a Mortgage lien or property tax lien. If it is a Mechanic's Lien, meaning that there was work done on the property and the debt is unpaid, that person may file a lien of the property. In this case, if and only if you are selling the property, must the lien be satisfied. In some cases the person who performed work on the property my sue for the balance which may result in your having to sell the property to satisfy the lien. When you close on the property at a Title Company, all liens are paid before clear title can be transferred.

In either of the aforementioned scenarios the lien will be satisfied.

In general, the homestead of an individual is safe from any creditor unless it is for mortgage default or for failure to property taxes of any kind which in some cases also includes Home Owner Association dues.

Can you complain about neighbors being noisy?

Certainly. You can always complain. How much the authorities can do about it will depend upon the ordinances for your community.

Authorities generally label it disturbing the peace if it's after a particular time and it can hold anything from a warning by the police to jail time if the problem is not corrected.

What does it take to legally own a sword?

Owning a sword on your own property (home and office included is legal, but not shared apartment space without Landlord's prior approval) is protected by the second amendment in the states. Your landlord may have a problem, though. Ask them first.

Carrying a sword, however, is not nearly as open. Here's the New York Law, state law is up top and NYC law is below. Note: when they say "possession", they mean carrying in a public place.

Quote:

D. The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of stall to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police commissioner (4) persons on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (5) any person displaying or in possession of a knife otherwise in violation of this section when such a knife (a) is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para military unit or veterans organization, to from or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of suck knife or (c) is being transported directly to or from a place of purchase in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl scouts of America or similar organization or society and such display or possession is necessary to participate in the activities of such organization or society.

Don't carry a sword for fun. Carry it directly to your class/show/whatever and directly back. Stopping for gas is considered traveling. Stopping for dinner is putting yourself at risk of overzealous cops.

Also, I'm not sure about the subway system. If they have a sign saying "no guns", they will have a problem with someone carrying a katana onboard.