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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 is a HUD home?

A HUD home is a property acquired by the U.S. Department of Housing and Urban Development (HUD) as a result of a foreclosure on an FHA-insured mortgage. These homes are then made available for sale to the public, often at a discounted price. Purchasing a HUD home can be a complex process that involves bidding through a HUD-approved real estate agent or broker.

What is the best residential fence to get?

The best residential fence depends on your needs. Wood or vinyl is great for privacy, while steel or wrought iron offers security. Chain link is affordable, and ornamental aluminum or wood adds style. For low maintenance, choose vinyl or composite. Consider your budget and purpose to decide.

Describe an interest you have that you would truly hope your partner could share with you?

As an experienced educator with a passion for astronomy, I would truly hope my partner could share my interest in stargazing and celestial phenomena. Exploring the night sky together, discussing the intricacies of different celestial bodies, and attending astronomy events would not only deepen our connection but also provide endless opportunities for intellectual stimulation and shared experiences. Having a partner who shares my enthusiasm for astronomy would enhance our relationship and create lasting memories under the stars.

What is the Spousal equivalent handbook?

It is a book that describes various ways that non-married couples (having "a relationship") can imitate property ownership, child custody, and other spousal duties and obligations, typically using documents to create a sort of "private law" between them.

One version was written by Duff and Truitt, in 1991, and published by Sunny Beach Publications (Houston, TX), ISBN: 0-9627760-0-9.

Can you be arrested for treaspassing at an apartment complex even though you havent been bared from apartment complex?

Every state has its own laws regarding trespassing and trespass warnings. In order for someone to be convicted of trespassing a property that is otherwise accessible by the public, one has to be given a reasonable warning that he or she is not allowed on the property and that he or she can be arrested the next time that person is seen on the property. This notice can be given in writing by the manager of the property in some states, while in others these warnings are required to be issued by the police.

What are the properties of pulsatilla?

It is antispasmodic and antibacterial and acts on the nervous system. When chewed, a caustic substance contained in the plant burns the tongue and throat. When applied topically, it may cause blisters on the skin.

Do you own land on the shore to the high water mark or low water mark?

Generally, private property ends at the mean high water mark. However, you may need to check the laws of your particular state. The laws in Florida are being modified where the state has added footage to the beaches for erosion control projects. The state does not consider that added land, which changed the old mean high water mark, as belonging to the abutter and suits have been filed. The added beachfront has been dedicated to the public.

How do you determine the value of mineral rights at the time of death of the owner?

Appraisal may be the best way since if you are in an area where mineral rights are regularly kept separate and are actively mined, there may be "comparables" -- ie. recorded sales of such rights in the vicinity. Of course there's no absolute way of making sure, but that's why appraisals are typical. If there are no comparables, it may require some combination of geological study and appraisement, and/or putting it up for sale and seeing what anyone is willing to pay. And if there was an appraisal made in the past it may just be simple enough to update it depending on whether there's been any other changes (restrictions on mining, actual mining has depleted the resources....additional resources have been found....).

How do you find out if you have ever been evicted?

Most people know if they have been evicted. It is a court procedure and they receive a summons. If this is not the case, it Is possible to check with the court in which you believe the eviction occurred. It is also possible to check your credit report,

Who owns a tree if it is in center of property line?

Usually, people who ask this question really want the answer to a different question -- can I trim a tree that encroaches into my land, can my neighbor cut down a tree that is on our mutual property line, can I take down a tree on my neighbor's land that poses a risk to my house? I point this out not to sound like a jerk, but only because the legal answer to "who owns the tree" doesn't usually answer the (real, underlying) question. Where a person plants a tree on his/her property that grows into a neighbor's property, the tree still "belongs to" the person who planted it. When nobody knows who planted a tree, the tree usually (that is, in most states) "belongs to" the neighbor on whose property most of the tree is now located. However, whenever a tree crosses property lines, whether it is the roots or the branches or the trunk that cross the line, the person on each side of the line can pretty much do whatever he/she wants to the tree on his/her side. Think of your property line as a geometric plane that extends up into the sky and down into the ground. If you don't like the branches on your side of the plane, you can cut them, no matter who "owns" the tree. If you don't like the roots on your side of the plane, you can grind them up. As a practical matter, this rule means that whenever one neighbor wants a boundary tree taken down, it will be coming down, because even if the tree-loving neighbor does not agree to have the work done (which is important - it means that most arborists will not agree to do the work), the tree-hating neighbor can still do enough violence to the tree on his/her side of the line that the tree will soon die and need to be removed. If you're in Massachusetts and have a boundary or other real estate question, call the Law Office of David R. Baron in Boston.

What is length of time for adverse possession in west Virginia?

In West Virginia, the length of time required for adverse possession is 10 years. This means that someone must openly and exclusively use another person's property for 10 consecutive years in order to claim legal ownership of it through adverse possession.

I was recently given a final judgment in a case of eviction and now the tenant has filed a Supersedeas Bond. How can she do this when the judgment was final?

DID you read what supersedeas means. On a final determination of a case in a lower court, an adverse party can ask to stay(stop) the judgement for purposes of review by another court, (higher court)

What are the boundaries for Unionville?

Unionville is a community located within the city of Markham in Ontario, Canada. Its boundaries are generally considered to be Highway 404 to the east, 16th Avenue to the south, Warden Avenue to the west, and Major Mackenzie Drive to the north.

In HOA what do common element and limited common element mean?

Read your governing documents for the particulars in your association, but generally:

  • common element -- for the use and benefit of 100% of the owners
    • pool, golf course, common roadway, landscape;
  • limited common element -- for the use and benefit of less than 100% of the owners, and often dedicated to a single owner
    • deck, enclosed garage, private driveway, shared attic.

All owners pay for the maintenance of common elements. Individual owners may be required to pay for maintenance of a limited common element, such as an attached garage or dedicated staircase.

Can you remove trees planted on the property line?

It depends on whose trees they are, when they were planted, and what purpose they serve.

For example, if they were planted long ago and serve to mark the boundary line (with blazes or as described in deeds), then they cannot be removed without mutual consent of the adjacent owners, and in accordance with local laws that relate to surveying and boundary markings.

If they are not your trees, and they are not creating any imminent risk of injury or damage, you'd be foolish to remove them without permission of the owner. Your local state laws may determine who has what rights to maintain the trees, whether you are considered "co-owners", and how the liability and costs are to be divided among you.

How would you serve someone who lives out of state?

You can invite them to visit and serve them before they leave to go home.

If the "someone" is an individual person or proprietorship, you can also hire a process server in that jurisdiction to carry out the task. If the "someone" is a corporation or other entity created by state process (commission, limited partnerships, etc), you may also be able to "serve" the Secretary of State or the registered agent of the entity.

If you have no idea where the person lives, or who the person is, you may obtain a court order that specifies "adequate notice" in lieu of service, such as publication of notice in a certain publication or place for a specified time.

How long can a buyer sue a previous owner when an inspection was performed and a closing occurred with the buyers 2 years ago?

It varies by state, but in general home warranties are only required for 1 year, meaning that the builder is not responsible for anything that happens after that. On the other hand, if there is evidence of fraud or other misrepresentation, the courts may allow legal recourse after that amount of time. FYI, "Sue" just means ask. Anyone can ask the court to award damages for just about anything. It's also possible to countersue for frivolous exploitation of the legal system, especially if the lawsuits are considered to be harrassment.

What does the term high water mark mean on a land surveyors plan or drawing?

it is the mean highest point that the water may reach, figuring that the property is located on a navigable waterway, lake or ocean...title companies generally do not insure land located below the high water mark or will take exception to a lot of different issues to so much of the land below that line, because it may be prone to regular flooding...also, municipalities have certain rights and obligations to the land below the high water mark, such as bulkhead repair and replacement, debris removal and clearing rights with respect to navigable waterways...that highwater mark may also require the need for flood insurance for your property

What motions can be filed as legal defenses for tenant in eviction?

Typical motions: to dismiss for failure to state a claim or for lack of jurisdiction; motion for summary judgment on the pleadings because there is no dispute of material facts. You may also consider filing a detailed answer with clarification of any twisted or incomplete facts alleged in the complaint, and denials of any exaggerations or misstatements, as well as putting forth arguments for other defenses (breach of contract, breach of warranty of habitability (privacy, health code, etc), warranty of quiet enjoyment, equitable defenses (laches, unclean hands, balance of hardships...)); and even counterclaims, in a proper situation (torts by landlord such as negligence, nuisance, infliction of emotional distress, theft/conversion of your personal property, fraud, unfair business practices, false advertising, etc), and regulatory violations (failure to follow local statutes that protect tenants).