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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 can be done if a Tenant is late with the first rent payment?

Depends on your lease. If the lease says something happens, then it does.

If the lease is not in writing, one of a few things can happen. Nothing is one. If it's very late the landlord could ask you for something like a late fee, and you could agree or not. The landlord could threaten to terminate your lease if you don't pay some kind of late fee, and that's a dilemma, especially where you set up a situation where you start paying late fees, then the next time the landlord will expect you to pay it like an additional part of the (unwritten) lease agreement

Will a foreclosure from someone's past affect their spouse's credit?

I hate to sound like a lawyer, but it depends. If you have separate credit reporting accounts, it may affect the wife's credit slightly. If there is only a joint credit account, yes, it will affect the wife's credit the same as the husband's.

You can ask the 3 major credit reporting agencies (Experian, TransUnion and Equifax) to separate out your credit histories. If the foreclosure has already started, it may be too late. Get a free credit report from each (once each year) at www.annualcreditreport.com.

What is voter alienation?

people that have no motivation to vote because they feel that it will have no effect on their lives.

The property next door wants to make a road on my land what right of way do they have?

You need to check the title to both properties to determine if the right to use the driveway was ever granted to any owner of the neighbor's property. If the use has been open and has been going on for years they may have established rights that could be formally established by a court decree. You should discuss the matter with the attorney who represented you when you purchased your property. The encroachment should have been addressed in the title examination or plot plan.

Who is responsible for which side of the property boundary fence?

In the UK there is no specific law or rule governing which boundary fence one is responsible for maintaining, unless it is specifically marked with a "T" on the land registry plans. The next course is which neighbour has been maintaining which fence which is a resolution but not a legality, although the duration over which this line has been established can be a strong determining factor in boundary disputes.

It seems that, without a definite diktat within the deeds, both neighbours are equally responsible for the boundary. It is in both parties interests therefore to maintain cordial relations as to how this is achieved, equally it is important to maintain a distinct delineation in accordance with the deed plans as the latter are not typically detailed enough and it is the physical presence of a recognised line, and its period of recorded existence that will be a deciding factor in any dispute.

Can you sell your own property while there is a lien on it?

The creditor must be paid at the time of the closing. Therefore, when you take title, the property will no longer be subject to the lien. Clearing liens is the responsibility of the closing attorney. It is the reason a prudent attorney (and a prudent buyer) makes certain a comprehensive title examination is performed prior to the closing.

What is the difference between a license and a lease of property?

A license is a contractual right to do something on a property, whereas a lease is a property interest that includes possession of the property, often containing the right to sub-license specified uses of the property.

For example, you could lease a warehouse from someone and have a license to use it as a public storage facility, provided you paid a percentage of the generated income to the landlord.

Can a person change their mind after signing a purchase and sale agreement to buy land?

If your meaning you have signed a listing agreement with a real estate agent and you now don't want to sell...after the listing is in effect for a short time, maybe a few ads placed, sign up...but NO sales agreement: Legally, sure they can hold you to it...but frankly...in virtually all instances...they will let you off as a matter of good faith...possibly (although frequently not) asking you to (reasonably), reimburse them for the costs of getting a sign up and some other fees they had to pay, which should be fairly small like a few hundred (more if you required something like a custom brochure).

Normally, especially if you approach them holding out the promise that when it is time to sell you would only call them..refer friends, etc....they will just agree to not market it anymore now. (They may want to keep the listing itself in force, just to protect themselves if you do sell it in a month or so to someone...which could seem like you were trying to scam them out of a fee). In reality, they know they don't have much anymore ...working with an unwilling seller is hard...and you have the right to reject any offer you might get...that varies from the listing in any way (which they all do...mortgage/price/occupancy, etc.)...so they ain't going to earn anything and may alienate a buyer or at least...have one tough deal!

However, if you signed a sale agreement it may be different: Yes you can change your mind...does that mean you don't have to sell or at least compensate for your change...probably not.

Yes, you may legally be held to "specific performance" - that is actually doing what the contract says and selling the house - but in reality that is unlikely as it is a fairly big deal...and is normally only done when the buyer absolutely must have that specific property...and even more so in business deals.

More than likely you'll negotiate a result....perhaps paying all legal. mortgage fees the buyers have had, and something for their trouble...or additional moving/living costs...etc. As the real estate people have clearly done what you hired them to do....brought you a buyer....you would absolutely have to pay their commission...and they would likely prevail in court if they had to go that route..

Fairly clear I should think even from your view....the contracts (listing...sales...etc) are clearly big time important promises...and they probably don't have a "change of mind clause" for your benefit unless you put one in...that you'll owe those who acted and had costs, etc per your wishes of the contract at the time.

Just one more thing...in todays world of dropping real estate prices...it isn't impossible that the buyer actually wants out too...especially if he can replace it cheaper this month than when he signed....the contract can be ended by mutual agreement very easily.

Home was foreclosed is there squatters rights?

United States

Squatter is an informal term for a trespasser.

A squatter is a person who lives upon premises owned by another person, without the owner's permission, i.e., a trespasser. Squatters take up residence on property that belongs to someone else and treat the property as their own. In some jurisdictions, they can eventually acquire legal title by adverse possession as long as they meet certain legal requirements.

In former times squatters were people who lived on the common land owned by the community. They didn't own any land and could be kicked out of where they were living at any time

There is no such legal rights known as squatters "rights" in the United States. Until a person has satisfied all the state requirements to make a claim of adverse possession, and then takes the legal steps to perfect that claim, they are considered a trespasser and they have no rights during their period of trespass.

In the traditional common law a person could obtain title to property through use. The common law has been codified under state and federal statutes. Under the various state codes, a person must use the land for a certain number of years, without permission and right out in the open for all the world to see.

If the owner does nothing they are considered to have abandoned the property and the adverse possessor can claim the land. The method of claiming by adverse possession varies from state to state. Some states require only that a notice be recorded in the land records. Other states require that an action be brought in a court of equity and if the plaintiff can prove his case the judge issues a court order that establishes title in the plaintiff.

Is it considered an encroachment when a neighbors bamboo invades your property?

You would need to check with your local jurisdiction for ordinances. It would not be surprising if some communities have enacted local ordinances about invasive species.

Bamboo is an extremely voracious invasive species that can quickly take over acreage and killing off all the indigenous fauna species in the process.

Can you claim land that is not yours?

No you can not claim land that is not yours. you could get in big trouble.You could maybe even start wars or fights if you do claim somebody else's land as yours. Lots of people could die and that would be very bad.

Can your ex-girlfriend enter your home without your permission?

If you are Legally separated he cannot - it is illegal. If you do not have separation papers and/or proof of separate residences then although it is wrong you have no legal leg to stand on. If you can show that you have signed and notarized legal separation papers or proof of separate residences then take that info to the sheriff and they will be able to assist you with what the laws are about this where you live.

How important is the deed of sale of the land?

Since a deed is the instrument of sale for real property which proves the seller's right to convey and the buyer's right of ownership, it is critical to the sale because it is the buyer's only proof of ownership. It is critical to note that ownership customarily does not pass from the seller to the buyer unless and until the deed is recorded with the clerk of the court in the jurisdiction in which the property is located.

What is an easement of property?

An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties.

Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.

Difference between sole and sole and exclusive?

Sole distribution is the only retailer in one area allowed to sell a product. Exclusive distribution is where a seller carries only one producer's product and excludes similar products of different brand.

Can you build a road right on a property line?

Generally you can build a road right up to the property line. However, you should consult with an attorney who specializes in real estate law in your jurisdiction. YOu may want to know in advance the abutter's right to use the road, if any exists.

You are separated can you change the locks on your home doors?

If you are on the rental agreement, mortgage, or lease agreement and you are the one staying in the house, yes.

Difference between condition a warranty?

Condition

A condition is a term (oral or written) which goes directly 'to the root of the contract', or is so essential to its very nature that if it is broken the innocent party can treat the contract as discharged. That party will not therefore be bound to do anything further under that contract.

Warranty

A warranty is e term of the contract which is collateral or subsidiary to the main purpose of the contract. It is therefore not so vital as to affect a discharge of the contract. A breach of warranty only entitles the innocent party to an action for damages; he cannot treat the contract as discharged.

Both conditions and warranties are terms in a contract and it is for the court to decide in each contract whether, having regard to the intentions of the parties, a term is a condition or a warranty. The importance lies in the remedy in the event of breach.

How do you legally divide undivided interest property?

If you no longer want to own the property you can sell your interest to the other owner or to a third party if you can find someone who wants to take over your interest in the property.

If it is a large tract and you want to divide it you can arrange to have the tract surveyed and subdivided and an attorney can draft deeds to legally transfer the subdivided parcels to each respective owner. Each will become the sole owner of a smaller tract.

If you want to sell and the co-owner does not want to buy your interest then you must file a petition in court to have your land partitioned. (See related question link.)

What can I do Girlfriend refuses to return my keys?

Hopefully, you are referring to the keys to your dwelling. You need to change the locks immediately. If you want your keys back there must be something going on with the relationship. If you are not getting along she might take her anger out on your property when you are not home. Some people act very irresponsibly when they are angry and emotionally upset. She has refused to return the keys. If you find out that she attempted to use the keys you should file a police report. Most important- change the locks and you won’t have to worry.

Can child support put a lien on property if you owe?

A Springfield, MO Court placed a lien on the estate that a deceased father would have inherited from his parents, cutting any possibility of his older children, from his deceased first wife, from receiving anything.

Answer

Yes. Child Support Liens are an important tool in collecting arrearages.

Although practices and resources for collecting child support arrearages may vary from state to state, the Uniform Interstate Family Support Act has been adopted by every state in the U.S. The Act establishes rules that require every state to defer to child support orders entered by courts in the child's home state.

Every state has a means by which a lien can be attached to any property owned by an obligor. On a basic level, those liens capture wages, tax refunds, real property and motor vehicles. The property cannot be sold or refinanced unless the lien is paid off. However, many states have become quite persistent and creative in finding other assets that should be used to support children of delinquent parents. Following are some examples.

Some states compare a list of obligors to lottery winners and hold back funds to pay arrearages. Some states restrict any type of license renewal until arrearages are paid. Some states search 1099s for IRA accounts. NJ has attached the award in a pending class action suit against US Steel. A Kentucky court ruled that a father's obligation was not terminated by his death. Maryland has a standard procedure for attaching an obligor's inheritance. The state of Florida discovered an obligor was the beneficiary of a NY trust and was able to enforce a judgment against the trust for arrearages and garnishment for future monthly payments.

How much is capital gains taxes on land?

In the United States, the federal long term capital gains tax is 0% or 15%, depending on your tax bracket. The short term rate is the same as for ordinary income.

There are also state income taxes which vary by state.

Can HOAs refuse to give HOA members gate code?

If the gate is paid for with HOA funds or is blocking access to your property or a property where you have a legal right to be, then the HOA must give you the gate code. If you have asked for the code in a non-confrontational way, and the HOA has refused to give it to you, see a real estate attorney immediately.

Can a notary public notarize a Quit Claim Deed on which they personally will be receiving the property?

No. Of course not. The universal rule of notaries is that they don't notarize any document from which they will gain an interest or benefit. You need to study up on the rules of that office.