0
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 difference between property and resources?
The main difference between property and resources depends on the type of data being used. Application specific data is stored in the property file, while i18data is stored in the resource bundle.
"De jure" means "concerning law" while "de facto" means "concerning fact". A state may be de jure sovereign without being de facto sovereign, because a greater nation maintains economic or political hegemony over them, as Syria did with Lebanon. Or vice versa: de facto sovereign without being de jure sovereign, like the tribal areas of Pakistan.
Can a Homeowner refuse to rent their home to a gay couple?
It depends on the laws of the country in which the home is located. In most western democracies, there are anti discrimination laws which would make it illegal to discriminate against a gay couple.
Can your neighbor attach a cable to your side of a garden fence?
No. In fact no part of your neighbors roof or anything attached to that roof can even protrude over your fence. Most places have laws specifically stating how far away from your property line they have to keep their buildings.
What is the difference between tangible property and intellectual property?
The biggest difference, and the one cited most frequently in arguments about copyright and filesharing, is that if I take your physical property, you don't have it anymore. You had a screwdriver, now I have a screwdriver. But with intellectual property, there's no thing changing hands: you had a song, now we each have a song.
Intellectual property rights also expire after a set period of time. After a while, you can use my song without my permission. But you always need permission to use my screwdriver.
The most esoteric difference is that real property has inherent value, while intellectual property does not. An actual car has a known worth; the patents that make up that car, and the trademarks the car is sold under, only have value in relation to the actual car.
What are the requirements of an acceptance?
Actually, consideration has nothing to do with offer and acceptance. It's a totally unrelated concept.
A valid offer is essentially a statement or action which unambiguously lays out the terms of the proposed agreement (e.g. "I will pay you $1,000 if you paint my house" - if the offeree accepts, there will be no question as to the obligations of each party - the offeree has to paint the house, at which point the offeror has to pay him $1,000). The statement must also clearly leave the offeree with the power of acceptance - it must be something which the offeree can clearly accept or reject.
A valid acceptance unambiguously adopts the terms of the offer, indicating an intent to perform under those terms.
----
consideration
How can you remove a neighbor's fence that you believe is on your property?
Mark the property line with wooden stakes with red ribbons at the top and take some photos that show the fence encroaching over the property line. Notify the neighbor in a polite and friendly letter sent by certified mail, enclose a photo and make certain you keep a copy and the green card. Ask them nicely to remove the fence. Remember that the letter may be used later in court as evidence so make yourself look good by being polite, explaining the problem clearly and that you are requesting they move the fence off your property. Give them a definite time period to remove the fence, say . . . 30 days.
If that doesn't work you will need to have them notified by an attorney. If that doesn't work you will need to bring the matter to court and obtain a court order. You should do this ASAP before they gain any rights.
How long do you have to lien a property?
Until the debt is paid in full, or if the creditor decides not to renew. A lien in some states can last for 20 years before it needs to be reinstated. Check your state statutes, or with the recorder of real estate office where the lien was granted.
What is the homestead exemption in Washington State?
The primary meaning of a "homestead" in current real property ownership refers to a "homestead exemption". A homestead exemption is a statutory protection from execution by creditors (up to a certain dollar amount that varies by state) for a property owner's primary residence only. Some states provide automatic homestead protection for the primary residence. Other states require that a separate declaration be recorded in the land records. A homestead exemption does not generally provide any protection for a purchase money mortgage and lenders now have boilerplate language that requires the borrower to subordinate any homestead to their mortgage. Homestead protection varies from state to state.
Homestead can also refer to the following:
- A tax break for home owners offered in certain jurisdictions which sees property tax assessments reduced by a certain percentage as a result of the fact that the taxpayer resides in the property. This may require evidence of the status of ownership to be filed periodically with taxing authority.
- A homestead is a main dwelling house on a farm along with the adjacent land.
- A a tract of land whose ownership has been established under the provisions of the United States Homestead Act.
Your best bet is to go to your state website and look up homestead exemption so you can get the specific provisions for your state.
Is Maryland a community property state?
No, Maryland is not a community property state. Maryland is an Equitable Property state. This means that property will be determined to be marital (acquired during the marriage) or separate/individual (acquired outside the marriage, or inherited, or purchased with separate funds and not marital funds, etc.) or combined (part marital and part individual). The marital property will be divided equally, the separate property goes to the individual who is the owner of the property and the combined will be valued as to it's marital vs. individual value (how much of the property was paid for with marital assets vs. the percentage owned by an individual and paid with separate assets) and divided accordingly.
How far from the property line should trees be planted?
How far from the property line trees should be planted will vary from place to place. To determine the rules in your area call your local zoning board. You should also check with your HOA. They often have rules about tree placement as well.
Is it illegal to cut down a saguaro in your backyard?
It is illegal to remove a saguaro on public lands, unless your a utility company or such with other rights. however on private property you need a permit from the state agriculture department.
How long do you have to move out of a home that has been foreclosed in Missouri?
Depends on the state. It could be anywhere from 30 days to a full year. Check your loan documents they will usually have the information in there in the Warranty Deed.
I shall take my state, Georgia, as the basis for my answer. In this state you have 30 days from the decleration of foreclosure by the bank. That's it. You have 30 days to pay the amount to settle the foreclosure which normally is the 3 months of backpay on the loan plus the lawyer fees. If you do not pay, on the 31st day law enforcement will show up to forcibly move you out. This is no joke in this state. Either you pay the fee to stop the forclosure or sell the house. If you don't your posterior is on the street.
How can you find out if there is a lien against your property Pennsylvania?
Look at the Title. If there is a lien it should be listed, but even then you should check with your DMV/MVD or a 3rd party title agency for a title/lien check. (Current cost at MVD in AZ $3.00)
What value constitutes grand larceny in Maryland?
In the state of New Jersey, grand larceny is called grand theft. If the money or value of the property stolen is $400 or more, it is considered grand theft. This can be charged as either a felony or misdemeanor.
How many feet can you be from the property line to build something?
It depends entirely on your local zoning laws.
They vary so widely it would be impossible to get a meaningful answer here, without more detail as to where you live.
What is an agreement between two parties?
A contract is a legally binding agreement between two or more parties.
Can a Quit Claim Deed from bank or tax foreclosure be converted to a Warranty Deed?
No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.
No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.
No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.
No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.
How do you get a copy of a deed?
Deeds and land records are recorded at the town or county land records office where the land is located. Some offices provide an online access to land records. Some provide this service free of charge; others may charge a fee. If there is no online searching available, you can contact the register of deeds office.
Of course, many land records are not available online and many search sites are difficult to use for some people who rarely do land research. You can also visit the land records office in your jurisdiction and the staff will show you how to locate your deed.
In Scotland you can search the Land Registry for Scotland on and offline, this is the same for England and Wales
Leaders from over 30 countries gathered at what meeting to end World War 1?
The three leaders Stalin (Russia, Churchill (England) and Roosevelt (USA) met at Yalta conference in February 4--11, 1945. The Podsdam conference, the major post ww11 conference was visited by Stalin (Russia) Atlee (England) and Truman (USA)
What to do if someone unjustly puts a lien on your property?
That would totally depend on what state the property is located in and what type of lien it is.
florida
placed in May of 2005, the lien which I just got a copy of from our mortgage lender, says it is for expensed an x girlfriend claims to have paid for. I paid all expensed & gave her 6 months to move out, she moved out the last day & I gave her $4000.00 to start over. I never received any notification of this lien for 12,649.00. I need to dispute this so I can continue my remodification process or lose the $1800 already paid for the remodification.
A patent is a right, conferred by a government, to the exclusive right to the use of an invention. It lasts for a limited period of time, during which anyone who wants to use the or invention must obtain from the patent holder the right to do so. This usually involves a payment of money.
The purpose of a patent is to encourage to make inventions or improve existing processes because they can make money from licensing the right to the patent, or from using the patent to make something that no one else can make.
Another purpose is to improve the collection of available information to the public, in the form of patents, so that everyone can see what everyone else has already patented and learn how to do the patented invention. This enables them to invent improvements and new combinations of existing inventions, which may be, in turn, patentable.
Patents are issued by the Federal Government. They give the person who invented something the right to be the exclusive (only) person allowed to make it. There are many conditions surrounding what can be patented.
What are the rights of a remainderman?
Yes. The remainders actually own the fee in the property. They have the right to have the property maintained in good condition by the life tenant. If the life estate holder is wasting the property the remainders can sue in court to have the life estate terminated. Upon the death of the life tenant or the release of the life estate they will have the right to full use and possession of the property.
