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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
Maybe. Under certain circumstances, your neighbor could claim adverse possession, and own the shed and the land around the shed. However, 7 years is too short to establish adverse possession in most states. Do not delay in speaking with a real estate attorney to discuss your particular situation.
What is a walking right of way and what are the stipulations for persons using it?
A "walking right of way" is a path, trail, former road, etc, where anyone has the right to walk, regardless of who owns the land.
A ROW for foot traffic is limited to foot traffic. Unless there are other provisions set forth in the document that created the easement it would be limited to all purposes of foot traffic only. You could not set up a hot dog stand on the walkway or travel over the walkway on any skateboard, bicycle or motorized vehicle. You could use it while pushing a carriage or wheelchair. This type of easement is often set up over private areas that border areas set aside for passive recreation. You should review the document that created the easement. You may find that a copy was recorded in the land records under the owner's name.
A seller does not waive Surface Rights what does this mean to a buyer of real property?
It means they could potentially harm the surface of your property and you could do nothing about it. If they wanted to drill for minerals on your land, they could do so...without compensating you.
What is liquid intangible property?
Property you cant touch. Like a court settlement not reached. defined as identifiable non-monetary assets that cannot be seen.
Can you provide a description of a property utility?
Utilities, when referred to in relation to easement rights in real property consist of such services as electric and telephone transmission lines, cable service lines, gas transmission lines, water and sewer lines, etc.
When used in regards to a rental unit or costs to maintain a property, utilities refers to the various monthly charges for those services.
You seem to be describing a life estate. The holder of a life estate in real property cannot sell the property because they don't own it. They can transfer their life interest to another person but it would still end upon the death of the original holder.
The exception is states that allow "Enhanced Life Estates". Florida is one example. The owner of an enhanced life estate can sell the property.
Is cutting a quarter in half legal?
No, any destruction of United States currency is a federal offense. Rationale is that it alters the value of the currency by reducing the supply.
Obviously, though, the police aren't going to arrest you for a quarter.
What is the Meaning of alienable and disposable lands?
Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.
Where can you find public records on the net?
You must know what county the info is in then look the county offices first.
Public records are available online, to anyone who needs them. There are many paid services that charge a few dozens of dollar, and in return you may reach anyone personal record.
You may also reach public records at local city halls where all the information is stored and brought online.
Tenants in common are presumed to each own an equal but undivided interest in "every particle" of the property. As such, the wood is also equally owned, and one owner who cuts it would be "accountable" to the other owners for their share of the value of the wood and perhaps for the diminished value of the property as a whole.
It would certainly be advisable to obtain some form of agreement prior to making permanent improvements or depletions of property owned in common with others.
The other owners could, in theory, sue to stop the cutting or removal of the wood if such an equitable remedy would be justified by the circumstances.
On the other hand, there is nothing preventing the other owners from making a "gift" of the wood to a single co-owner.
The towing company (contractor) is responsible for any damage it causes while removing a car from a public street, and the municipality may have liability if it has its own employees tow vehicles, rather than a contractor.
You may also find a sign on private property that says, "Unauthorized vehicles towed at owner's risk and expense." Oddly enough, this means what it says, and you have "assumed the risk" of damage and agreed to pay the reasonable expenses of towing (and storage) when you trespassed on such a parking spot.
Privity of contract its binding effect on third party?
Privity(stranger cannot sue) to contract:Legally recognized relationship between two parties.
Only the parties to a contract owe duties to one another & realize any benefits under the contract. The contracting parties also have the ability to sue one another for breach of contract. Privity of contract can also be given to 3rdparties through delegation of duties.
General concept: As general rule of contract a stranger can give consideration but cannot file sue.
Exception:When a stranger can file suit?
In case of trust the beneficiary can-file-sue:
A father(settlor author) gives his property to Trustee with trust deed. After then, Son (beneficiary) come in trust for take property, but trustee don't give property to him. In this situation, Son( beneficiary) can file sue against(upon) trustee, even though he is "stranger"
In case of family settlement agreement:
E.g. A & B get married A's father agreed with B's father to pay Rs. 5000 per month to B [daughter-in-law]. Later, father-in-law refused to pay money to B. Here, 'B' can file sue upon A's father.
In case of acknowledgment (to admit something) given by third-party:
E.g. Debtor pays Rs. 10,000 to agent and promises to pay the money to creditor. Here, creditor can file sue upon agent if does not pay.
Estoppel: "stop from denying"
"Once you have confirmed something you cannot cancel it"
In case of convent (condition) running(attached) with land:
If any dues of government is outstanding in respect of land/ recover it from the buyer of land & building.
In case of marriage agreement: [see just as point no.2]
An agreement made without consideration is void.
"No consideration No contract"
General concept: Generally, it is said that "if there is lack of consideration, there will be no contract"
E.g. "An elder brother agrees to pay Rs. 10,000 to his younger brother." Suppose, elder brother fails to perform the promise. Can younger brother take legal action?
No, because it is a social agreement and not support by consideration.
Exception: There are 5 situation in which there is no consideration even though there is contract:
Agreement based upon natural love & affection [attachment]: An agreement based upon love & affection will be valid if all of these conditions are satisfied.
The promise must be written.
It must be signed by promisor.
It must be registered.
It must be based upon nature love & affection.
There must be near relation between parties.
E.g. Husband agreed in writing to pay Rs, 5000 per month to his wife. The agreement is signed & registered. Husband referred that there was several/frequent disputes between the couple, after 2 months the husband stopped payment.
The court held there is no love & affection between parties. So, this agreement is void.
Agreement to compensate for past-voluntary-services (P.V.S)
E.g. X finds Y's purse and gives it to him. Y promises to give rs.500 to x. this is a valid even though the consideration did not move at the desire of Y, the promisor.
E.g. X a neighbor helped putting down the fire in Y's house. Afterwards, Y promised X to give Rs. 1000. This is a valid contract even though the consideration did not move at the desire of the promisor.
This agreement is valid, because if following conditions: Writing, sign by promisor, and P.V.S
Promise to pay T.B.D i.e. Time-barred-debt[Period-prohibited-loan]
A debt which limitation period is over i.e. 3 year from the due date/default date. E.g. A debtor agrees to pay rs. 1000/- to creditor out of Time-barred-debt of Rs. 10,000/-
If this agreement promise is in writing, signed, then it will be valid.
According to law of limitation, a debt which remains unpaid or unclaimed for a period of 3 years becomes a time barred debt which is legally not recoverable. But a promissory note issued in personal capacity by the wife of a debtor to pay his time barred debt of her husband is not enforceable.
Agency agreement [relation of principal & agent]: No need of consideration
Completed gift: The gift actually made by a donor and accepted by the donor are valid even without consideration. Thus, a completed gift needs no consideration.
E.g. X transferred some property to Y by a duly written and registered deed as a gift. This is a valid contract even though no consideration moved.
Is Reina Valera 1960 in public domain?
I just checked while at biblegateway and the 1960 is NOT public domain yet. The Reina Valera Antigua is public domain and can be reproduced without copyrights infringements.
What rights do I have if I lived on land owned by the now deceased owner for 25 years?
Just like renters, if there is no lease or written agreement (Or noted in the will), there would be notice given and you would most likely have to move. If you have vested interest due to paying the mortgage, for instance, there might be additional rights. Depending on your relationship with the heirs, you might luck out.
Another PerspectiveIt is unlikely you have any rights if you inhabited the land with the permission of the owner. If you helped to pay a mortgage that would be likely be considered rent by any court and would not give you any ownership interest. You would need to bring a court action and a judge would decide the issue. It would be costly.
Generally, the ownership of the land would pass by will or the state laws of intestacy to the heirs at law. They can give you notice to vacate the property or you could make an offer to purchase the land from them.
How is a property line marked?
Flagging is used to mark property lines. In wooded areas, the closest tree is marked. Surveyors use various techniques to mark trees to indicate property lines.
If a person trespasses on your property and your dog bites it are you liable for damages?
Being responsible for damage done to a person while they are trespassing depends on many things, such as state laws, and ordinances. If the person was warned, or notified of an aggressive animal, by verbal notification or physical post on the property. It would be best to check with a local lawyer for more sound answers.
Most jurisdictions in the United States have laws that protect spouses from disinheritance. Even if the testator excludes a surviving spouse from taking under a will, the state laws will automatically provide the surviving spouse with a statutory share in the estate. In that case the surviving spouse needs only to file a claim with the probate court. You should speak with an attorney who can review your situation and explain your options under your state laws. It should take only a single visit and you will know your rights under state law in the event of your spouse's death.
Can you charge a storage fee on personal belongings left in your home for over six years?
No . Not unless the owner agreed in writing to pay storage fees. You can check the laws for abandoned property in your state. You may find that you have the right to dispose of the property after six years of free storage.
No . Not unless the owner agreed in writing to pay storage fees. You can check the laws for abandoned property in your state. You may find that you have the right to dispose of the property after six years of free storage.
No . Not unless the owner agreed in writing to pay storage fees. You can check the laws for abandoned property in your state. You may find that you have the right to dispose of the property after six years of free storage.
No . Not unless the owner agreed in writing to pay storage fees. You can check the laws for abandoned property in your state. You may find that you have the right to dispose of the property after six years of free storage.
What is the right of rescission law in Ohio for timeshares?
The rescission time for time-shares in Ohio is 3 business days. The rescission period ends on the third business day at midnight.
What region was affected by the land ordinance of 1785?
When passed, the Land Ordinance of 1785 applied to the "Northwest Territory" ceded mostly by Virginia to the United States, which included all land west of Pennsylvania and north of the Ohio River extending west to the Mississippi River. This included all or parts of the present-day states of Ohio, Indiana, Michigan, Illinois, Wisconsin, and Minnesota. The 1785 ordinance provided for the survey of these public lands and their division into townships, sections, etc for sale by the government. This came to be known as the Public Land Survey System, or PLSS.
As the country expanded, the provisions of the land ordinance were expanded as well. The only exception was Texas, which had been an independent republic before entry into the union. So, with the exception of the original 13 states, Vermont, Kentucky, Tennessee, and Texas, the entire United States was affected by the Land Ordinance of 1785 and the PLSS.
Can a bank come after you if you are on deed but not mortgage?
No. All the owners of property must grant a security interest in the property by signing the mortgage. If you owned the property at the time of the mortgage and didn't sign the mortgage, the lender made a serious error. The lender cannot take possession of your interest by a foreclosure and you are not responsible for paying the loan.
However, if your name was added after that mortgage was granted the lender can take possession of the property by foreclosure if the mortgage is not paid, and you are out of luck. The lender cannot go to you for payment if you did not sign the mortgage and note.
Does public domain land exist in the US?
Public domain land is land that is not privately owned and not under state or municipal ownership.
The Bureau of Land Management within the United States Department of the Interior manages and administers America's public lands. That includes over 247 million acres of land mostly in the Western states and includes natural, cultural and national heritage sites. The bureau maintains and manages the lands for the use and enjoyment of the public. It regulates activities such as camping, biking, shooting, hiking, fishing, boating, etc. It regulates mining, logging, oil leases and other such activity.
A person who will not make a decision or commit to a course of action.
