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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

How do you become a property appraiser?

Check with your state Real Estate Commission, usually under the Department of Insurance and Banking. This is a license similar to the process of becoming a real estate agent. Try searching for "Real Estate Appraiser License"

How do you answer a restraining notice?

You must show up on the date of the hearing stated on the notice and defend yourself against the charges. If you don't show up the restraining order will be granted.

What is Right of egress?

The right of "ingress and egress" is the right to enter and leave. With land it would be an easement, or right of way, over some other property in order to access your own.

Can a lien be placed on property for non-payment of a judgment for 1250 dollars?

Yes, and many attorneys will do a property search before they even take a case (let alone win), so that liens can be prepared in advance of the judgment being entered and filed the same day. In fact, many jurisdictions offer the "lis pendens" lien when a case has just been started, and it can only be resolved by recording the settlement or other release.

What if a natural gas company built a road on your property prior to you buying the property can the land owner ask for a yearly fee for the use of the property?

You should contact the attorney who represented you when you purchased your property. There should be an instrument in the chain of title for the property that describes the rights that were granted to the gas company by a prior owner. When you purchased the property a title examination should have been performed and the attorney should be able to provide you with a copy of the instrument that created the easement.

The most likely explanation is that a prior owner granted easement rights to the gas company for a small fee. You have no power to change the provisions set forth in that easement agreement. When you purchased the property you purchased it subject to any outstanding liens and encumbrances. If the attorney who represented you when you purchased your property cannot or will not help then you can go to your local land records office and ask the staff to help you find the easement so you can review its terms.

Do you have the right to read your water meter?

Yes you do.

Added: What exactly is meant by "read your water meter?"

If you mean do you have the right to see it and look at the dials - yes, you do.

If you mean do you have the sole right to submit that reading to the water company without verification by one of their employees - no, you don't.

How do you draft a complaint for quiet title?

Your question requires too broad an answer for this forum. You need to consult with an attorney or research the matter at a law library in your jurisdiction.

How far can you build from a property line?

Zoning rules vary from state to state and community to community. You will have to check your local ordinances. In New Jersey it is 10 ft. The default in Michigan is 15 feet on the sides and 30 feet on the front and back.

Does second home have to be 50 miles away from primary residence?

Per Fannie MAe and Freddie Mac Guidelines a second home has to be at least 50 miles from the borrower's primary residence. If the primary residence is close to a coastal region I believe the underwriter could make an acception, but I'm not entirely sure about that. For more information on underwriting guidelines visit www.fanniemae.com or www.freddiemac.com Once there you can navigate to a PDF version of the underwriting guidelines (a typical loan is called a C30). Once you open it up in Adobe Reader you can type a word or words in the "Find" box and it will jump to the subject you are looking for that way you don't have to skim through all 130 pages.

Do you have to pay if you do not claim a repossed vehicle?

You bet you will pay. Here is some information on vehicle repossession. Take the time to read and enlighten yourself. When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.

How can you protect your nature?

You can help protect your nature bye giving it love (watering it , giving it water and sunlight) You can also protect nature bye not mowering it down or standing on it

Which is larger-lot or parcel as a unit of land?

Case by case. You need to compute the area for each and then decide. The terms do not imply anything about which is larger.

Which civil court are juries used in?

(in the US) There are no limitations on their usage. Juries can be used in all civil court proceedings if one is requested.

How do you keep public property clean?

you charge people who are caught polluting on public property. you clean up after yourself. you encourage others to clean up after themselves. you clean up after others.

How do you receive a property line?

To find out your exact property lines, you will need to hire a surveyor to do a boundary survey of your property.

How does one acquire an abandoned property if the owner can't be found?

Check with the tax assessor's office to see if the property has been taken by the town for non-payment of property taxes. Generally, the only way to buy "abandoned property" is to purchase it from the town because towns have the authority to take title to property when the taxes are in default. In the United States, title to real property must be transferred legally- you can't just claim it. Inquire about purchasing it from the town.

You could also explore the adverse possession laws in your state.

Are stocks considered tangible property?

Yes stock is tangible assts as inventory of product can be seen as well as feel by hand.

I have been living with an SSI recepient for 17 years what am I entitled to in a community property state as far as SSI is concerned What about our child does money come to her?

You would not be entitled to any of the SSI benefits. For a person to be eligible for any SS benefits of their partner, that person must be legally married to the receipient of such. The child might be entitled to survivor benefits upon the death of the SS beneficiary, but parentage would have to be established and the deceased would have to be qualified for regular SS retirement benefits or SSD not SSI.

Can you sue a county in Texas for refusing to open up a county road if it prevent you from your property.?

Talk with a lawyer. If you find a respectable one, the first meeting should be free. If the county had a viable reason for closing the road (ie. safety, it was washed out, etc.), then the county likely had a good reason for closing the road and would likely win any potential lawsuit.

What legal actions can be taken if a mortgage company files foreclosure 2 months after they have accepted payment in full based on a 'mistake' caused by payment dept not updating foreclosure dept?

It would probably be best for the homeowners to hire an attorney to file any necessary paperwork with the courts. Every state and county and court has its own rules of evidence and rules of procedure, and not following these rules can mean the homeowners' paperwork is thrown out on some technicality, which would allow the bank to continue the unjust foreclosure.

But one legal action may be getting an injunction against the bank for any further foreclosure proceedings until a hearing is scheduled to determine the merits of the case. This prevents the bank from trying to collect further payments, send representatives to drive by the house, send appraisers to determine a value, or ask the sheriff to change the locks.

Also, filing a motion to dismiss the case for failure to prosecute would be another tactic that could be used. The homeowners should take the paperwork they have that shows the loan was paid in full, including the final payment (either canceled check or confirmation number for online payment), and speak with the judge in the case.

A final legal action is just to file an appropriate answer with the court to the lender's complaint laying out the reason for the foreclosure proceedings in the first place. The judge will have to take into account the fact that the homeowners are claiming the loan has been paid in full and have submitted evidence to prove that point.

But again, these actions should be taken only if the homeowners understand the rules of the court. If they do not understand the rules, then they may want to hire an experienced attorney to file the paperwork for them, or to show them how it should be filed. Attorneys can be hired as "coaches," in some cases, just giving advice on how to file motions and argue cases. That might be appropriate for some homeowners.