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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 term is defined by the combination of leased fee and fee simple ownership?

Fee simple ownership describes the absolute ownership of real property.

A leased fee interest describes an ownership interest of a property that is under lease.

A "combination" of those two concepts would result in the "leased fee" ownership description.

What was the kings reaction to the play?

the king stood up, called for the lights to be turned on and ended the play

What does it mean when a contractor threatens to put a lien on your home?

It means that the contractor contributed work and materials that added to the value of your home. You owe that value to the contractor. The lien is a type of security interest that must be paid before you can mortgage or sell your property.

You should check the rules for mechanic's liens in your particular jurisdictions. In some states they have a short life and must be re-recorded with a judgment lien issued by a court. In some states courts are not involved and the liens have a longer life.

You should make arrangements to pay the amount owed in order to keep your title clear. Otherwise the matter may need to be settled by a lawsuit.

What is a community property state?

This means that when two people are married their property is divisible between them. A good example is the division of assets when two people divorce. This also applies to debts of those people (in TX at least)

Can uncle make nephew move his trailer off of property?

Whoever owns the property gets to say who can have a trailer on it. If both uncle and nephew have equal ownership in the property, the uncle cannot force the nephew to go. If the uncle is full or majority owner, he can force the nephew to leave.

It does not matter what their family relationship is; it only matters who owns the property.

Does anyone have a copy of a Motion to Remove an Invalid Mechanic's Lien?

Forms that pertain to civil action of any sort can be obtained from the office of the clerk or court administrator in the county where the lien was filed or contact the clerk of the land recorder's office for specific information. In most states it is not necessary for a lawsuit to be undertaken and a judgment granted for a Mechanic's Lien to be filed against real property. However "quashing" (lifting of the lien) will need to be done through the state's prescribed court procedure.

What is communal land ownership?

Communal land ownership is where a group or culture owns the land, and not the government, a company, or an individual. In America, this is not a common concept anymore, since land that is not privately owned is owned by the local, state or federal government. This type of ownership still exists in some parts of the world, though.

Communal land can be described as used or shared in common by everyone in a group or community. In that sense, a public park or town common (both owned by the town but dedicated to public use) might be considered modern communal land.

If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?

Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area.

You can check the laws of intestacy at the related question link below.

How can someone file for a Supersedeas Bond when the judgment in the case was final?

The purpose of the bond is to maintain the status quo at the time of finial judgment. If a debtor can prove that the prevailing party will not be prejudiced by waiting to collect their judgment, then execution on that judgment can be stayed during the appeal. Although the judgment is final, the appellate court could find some error in the district court's actions and reverse that judgment. The bond allows the debtor to avoid the hardship of having their property liened and wages garnished if they can prove they will pay if the appellate court upholds the judgment.

What is the Land Charges Act 1972?

In the UK, the Land Charges Act 1972 is a statute of law that rules on matters dealing with third party rights to land and their legal standing in comparison to the owners of the land. These may include easements, puisne mortgages, statutory rights, restrictive covenants and estate contracts.

The Land Charges Act is relevant to most third party interests, however some are still covered by the preceeding Act; Land Charges Act 1926 - this should be referred to if the 1972 Act does not apply.

What is repleven?

The writ of replevin is a court order to return property that doesn't belong to you, and where the rightful owner does not have the right to repossess them.

How long does a lien stay on residental property in NJ?

Liens have different statutes of limitation depending on the type of lien and those time periods vary by state. You need to add more details.

Your wife is in the army she claims money for separation for your daughter and you but she took the money is that a crime in the Army if it is what is it called?

You need to talk to a lawyer. You should be able to contact a US Army JAG Officer (Lawyer) at a US Army post near you. Be sure to explain that you are the spouse of a US Army service member. The money that servicemembers are allowed for "family separation" is not an entitlement for the family. The money is intended to defray the costs incurred by the servicemember in keeping in contact with family members. The money is not "claimed," it is automatically added to the servicemember's pay if they have dependents or family members with military identification cards. The only thing that would come into play is if the servicemember is failing to provide for the wellbeing of minor dependents or the spouse. That would not have anything to do with the family separation pay, though.

If you were a non-smoker when you bought a term life policy but now smoke can the benefits still be paid and should the insurance company ask you health questions when renewing the policy?

For a true life policy there should be no questions for renewal. Here is the deal. If you were a non-smoker when you bought your life policy and you now smoke, the insurance company can not rate you as a smoker after the fact, nor can they cancel your coverage. When term policies go into renewal they do not send out a questionaire to do so, they simply renew when you pay.

Answer2: I would say you should check online and get some facts. Renewing the policy may not be a problem, but benefits are payable upon death, so did you commit fraud by saying you were a non smoker when you purchased the policy and now smoke. That may make the policy null and void or possibly benefits could be withheld. Maybe you could do some research, better safe than sorry. Besides, smoking ages you prematurely and is bad for you in general. Why not get some help to try quitting. Best to you.

Lived in your house 2 years then rented for 3 can you get the owner occupied capital gains tax break?

Below is the most direct answer. However, as it doesn't bring the result many desire...I suggest that you find if your situation can utilize Section 1031 - known as "Like Kind Exchange" or LKE - which defers the gain on the investment until another sale. It is a complex and specialized area of taxation that you should go over with someone adept in that field. A web search using 1031 exchange - should provide a number of companies that specialize in it. As a start - you really would only want/be able to use it - if the money from this property is going to be used in another investment of some type (other than stock/bond/etc).
You may qualify to exclude from your income all or part of any gain from the sale of your main home. Your main home is the one in which you live most of the time. Ownership and Use Tests To claim the exclusion, you must meet the ownership and use tests. This means that during the 5-year period ending on the date of the sale, you must have:

  • Owned the home for at least two years (the ownership test)
  • Lived in the home as your main home for at least two years (the use test)
Gain If you have a gain from the sale of your main home, you may be able to exclude up to $250,000 of the gain from your income ($500,000 on a joint return in most cases).
  • If you can exclude all of the gain, you do not need to report the sale on your tax return
  • If you have gain that cannot be excluded, it is taxable. Report it on Schedule D (Form 1040)

Business Use or Rental of Home You may be able to exclude your gain from the sale of a home that you have used for business or to produce rental income. But you must meet the ownership and use tests. Example: On May 30, 1997, Amy bought a house. She moved in on that date and lived in it until May 31, 1999, when she moved out of the house and put it up for rent. The house was rented from June 1, 1999, to March 31, 2001. Amy moved back into the house on April 1, 2001, and lived there until she sold it on January 31, 2003. During the 5-year period ending on the date of the sale (February 1, 1998 - January 31, 2003), Amy owned and lived in the house for more than 2 years as shown in the table below. 2/1/98-5/31/99 16 months
6/1/99-3/31/01
22 months 4/1/01-1/31/03 22 months
38 months 22 months Amy can exclude gain up to $250,000. However, she cannot exclude the part of the gain equal to the depreciation she claimed for renting the house.

Can the neighbor use the parkway in front of my property?

There is no way we can possibly answer this question for you, because you didn't provide enough detail. Do you own the "parkway" itself, or the land it is on? If not, then you don't really have any right to say who can and cannot use it. If it's a public street, and the city allows anyone to park on that public street, then your neighbor can park there. If they allow only residents of certain areas (or people with special stickers) to park on that street, then he can park there if he has a sticker/lives in that area (since he's your neighbor, this is probably the case unless the boundaries of the area are defined in a particularly convoluted way).

Even if you do own the parkway or the land it's on, there may be an "easement" allowing your neighbor to use it whether you like it or not. Making this even more complicated, if you have allowed your neighbor to use it for long enough, you may have CREATED an easement allowing him to continue to use it even if you have since changed your mind.

If you want a definitive answer, you need to talk to a lawyer. Take along all the documentation you have on your property (title deed, etc.).

What can you keep from your home when its in fed fore closure?

When your home is foreclosed on you are able to keep your personal property such as furniture and clothing. Anything that was in the home at the time that you bought it, like a refrigerator or dishwasher must stay.

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