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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

If wife pays for property with her own income during marriage and husbands name is on nothing is he entitled or can he rent the property without her knowledge in the state of Utah?

As the money is clearly the wifes , and the husbands name is npt on the property, he has no right to rent out that property in the state of Utah. Only the real owner can rent the property out.

Should you allow a neighbor to place a fence on your side of the property line?

No. Dong so may cause adverse consequence if and when one of the two parties move. It is your property and therefore your responsibility to fence your own yard. You can share the fence and the costs. You would each pay half. Also, depending on the laws where the property is located. If your neighbor puts a fence on your property and not on the property line (a few feet inside on your property) they could end up owning those few feet after several years. Adverse possession.

What is the procedure to obtain greek citizenship for a non EU national married to a greek?

Depends.

The first option is naturalization if the non-EU national has no EU ancestry/descent/origin.

- Have a clean criminal record

- Be over 18 years of age

- Be married a minimum of 3 years

- Speak Greek fluently

- Live in Greece for 3-7 years

It takes years for these applications to be examined and processed. You can read all about it here, in which the process is detailed from beginning to end: "Greek citizenship by naturalization"

http://livingingreece.gr/2007/03/16/greek-citizenship-citizen-through-naturalization-american-spouse-greece-marriage-work-residence-permit/

The second option is to claim citizenship through an ancestor born in an EU country, if applicable.

- Often no language requirement

- Often no fee

- Often no residency requirements, in fact one can apply outside the country at a consulate or embassy

- Doesn't matter who you are married to

You can read all about it here:

"How to get EU citizenship by ancestry or naturalization"

http://livingingreece.gr/2008/03/18/how-to-acquire-eu-citizenship-through-ancestry-or-naturalization/

What is joint tenancy?

Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.

Tungkulin ng pamahalaang lokal?

Ang Pamahalaang Lokal ay pinagkalooban ng mga kapangyarihan at tungkuling magpatupad ng mga hangarin ng pamahalaang pambansa.

by:ryan love kimberly

Can one owner force 2 others to sell house?

Maybe. Such issues generally end up with the parties who wish to sell the property filing a suit in circuit court to have the property partitioned. The judge decides whether or not the property in question is subject to a forced sale under the existing laws of the state where the property is located.

Can teenagers from ages 13-17 legally own property?

Generally speaking, a minor cannot own real estate in the United States. That said, minors who have been legally emancipated can own property. This means that in some states, a minor that is married can own real estate because they are usually considered emancipated.

Can you lose your home if you have judgments against you?

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Yes. Your creditor can request a judgment lien and take any property you own to satisfy the lien.

Can someone file a lien on real property that has no mortgage that is an asset of an irrevocable trust?

You can, but only if the lien is from a debt that is owed by the trust itself. If the debt is against the person who created the trust or against the person who is the beneficiary of the trust, then you cannot. The trust is considered a legal entity separate and apart from the individuals involved. The fact that it is a trust, as opposed to a person or business entity, does not prevent it from being liable for its debts.

Can my neighbor have any recourse if a tree is cut down that is mostly on your property but the outer edge is on the property line it is in the way of a wall that will be built on the property line?

If the tree was damaged and could have fallen onto a public road, you could have the town cut it down. Also your homeowners policy holder should be able to answer this because if it falls onto your property the tree's owner will have to pay for clean up and or damage. I also know that you are free to cut any branch that hangs over onto your property

Do I need my neighbor's permission to build a new fence?

It all depends on if you live in a community with an HOA. If you do have a Homeowner's Association, you will have to submit plans for your fence to make sure it's approved. Also, some communities have rules on the types of fences allowed... wood vs cyclone for example. Before you put up any fence, you need to contact your city hall first. You would hate to spend all that money, just to get fined for it..... or worse... have to take it down.

If your name is not on the deed but is on the mortgage what are your property rights?

If your name is not on the deed but you still signed the mortgage that didn't give you any property rights. You volunteered to pay the mortgage even though you don't own the land. If the primary mortgagee doesn't pay (the land owner) the bank will go after you for payment. If there is a foreclosure and there remains a deficiency between the sale at the foreclosure and the amount owed on the note, the bank may go after you for payment. People who don't have a fee interest in the real estate should not sign mortgages.

Is a home personal or real property?

It depends on what you mean by home. If your home is a transportable mobile home installed on a rented lot your home may still be personal property. If you are referring to your private residence that is built on your land then your home is considered real property. Real property is land, any rights that inure to it and anything permanently attached to it.

Who is to maintain a fence on the property line?

If there is an issue regarding the location of the property line between abutting property owners the first resources would be any recorded surveys of the properties and the deed descriptions. The surveys, if any, would show the location of the iron pins or any other boundary markers. The deed descriptions may indicate the locations of boundary markers.

If there is a dispute and there are no recorded surveys then the parties must hire a state licensed land surveyor to determine the location of the property line and mark it. The parties could share the cost. If the parties cannot agree then you need to consult with an attorney who can review your situation and explain your options, preferable the attorney who represented you at your closing.

Once the location of the property line has been established, whoever desires to construct a fence must check local building codes for regulations regarding fence location.

Is harassment a misdemeanor?

Depends on what harassment you do. Sexual harassment is a felony, and if the other person wants to press charges on you, she/he can fine you upto $20,000. Or if you dont have the money, you pay up your money in prison.

When do you pay Capital gains taxes?

Capital gains are taxes that you pay on profit as a result of selling an asset. Usually you reconcile these when you do your IRS tax returns. You get a credit for the cost of the house (and improvements), land, stocks or similar item (the "cost basis") and so just pay income tax on the remaining amount (the profit).

Certain taxes on capital gains are also capped at a lower rate than the highest rate of tax on personal income. For example, if you owned the property for more than one year, you would calculate the tax based upon the "long-term" capital gains rates.

Check out irs.gov for more information.

Is Rhode Island a community property state?

No. When it relates to debts incurred in a marriage the couple are equally responsible for joint marital debts and solely responsible for debts incurred in their name only. Equitable distribution is generally used when it relates to the allocating of marital property in a divorce.

Is posting a flyer on a mailbox against the law?

Yes it is. I am a postal employee, and I know that any thing put in or attached to the outside of the mailbox including the post is subject to postage. The carriers are to collect a sample of such flyers and estimate the number of flyers that were distributed and turn them in to the postmaster. A letter should be send out to the person creating the flyers asking for the postage. If that fails then it is turned over to the Postal Inspection Service. In one of my old jobs with the Postal Service that is exactly what I did. Usually the carriers do not care to take the effort to collect the flyers or cards that are attached, come up with an estimate of how many were distributed. Usually the Postal Inspection Service has biger things to worry about. Howeverwith the Postal Service being so tight for money recently I wouldn't put it past them to require the carriers to collect the a sample of the flyers and get an estimate so postage may be collected.

The USPS Domestic Mail Manual states that, except for the occasional newspaper, "no part of a mail receptacle may be used to deliver any matter not bearing postage, including items or matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle."

How were Indian villages governed?

Hopi men governed their villages. But women owned all the property and passed it down to their daughters.

What is fence means in the story the fence?

The fence represents the blockage that Troy's carrier went through,and the racism that pushed him to not let his son go for his own dreams.

Is it legal to raffle a home in Maine?

849.09 Lottery prohibited; exceptions.-- (1) It is unlawful for any person in this state to: (a) Set up, promote, or conduct any lottery for money or for anything of value; (b) Dispose of any money or other property of any kind whatsoever by means of any lottery; (c) Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone, or otherwise; (d) Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any lottery or lottery drawing; (e) Attempt to operate, conduct, or advertise any lottery scheme or device; (f) Does not apply (g) Sell, offer for sale, or transmit, in person or by mail or in any other manner whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any lottery ticket, coupon, or share, whether such ticket, coupon, or share represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played; 2) Any person conducting a lottery by referral selling is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. So what does all this mean? A home raffle is considered a game of chance or lottery. Such activity is illegal (misdemeanor) in florida. So you may not personally raffle your home. There is an exception. You can get a non-profit organization to sponsor your home raffle. There is a website that assists individuals and organizations in home raffles. They are called Raffle Mansion. Visit their website at: http://www.rafflemansion.com

How long can a lien stay on a residential property in Washington State?

Every type of lien has its own statute of limitations. You would need to research the type of lien.

Can a race horses name be trademarked?

Yes, if you mean "used as a trademark" or "registered as a trademark", but only if it is used in association with the commercial sale of some goods or services.

For example, the word "SEABISCUIT" and the image of a horse's head was used as a trademark in 1944 and registered in 1945 association with fresh citrus fruits. US Reg: 0413733, on Ser no. 71478196.

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=71478196

I am estranged from my family how can I find out if dad had a will?

All people listed in a will have to be notified through newspaper ads or attempted to be served and/or found. If you are not listed in the will, the probate attorney still has to make an effort to find immediate family members.

Can your house be taken if a civil lawsuit is lost?

Liens can be placed against any real property owned by the person being sued. A forced sale of property seldom happens, with the exception of secured lender foreclosure. Unsecured creditors prefer ganishment or levy procedures, as they are the least complicated legally and therefore easiest to enforce. And all states have homestead exemptions which can be used to protect the person's primary residence. Consult the bankruptcy exemptions for your state of residency, these exemptions also apply to judgments from lawsuits.

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