Questions tagged [property]
Use this for questions about belongings and possessions. See [real-estate] for questions about the possession of houses and buildings.
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What are the limits of Terms of Service as a legal shield for a company?
This question has a more specific flavor to it, but it's ultimately a general legal question that just uses some examples as illustration. Consider the following scenario. For simplicity, assume the ...
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Who is responsible for the damage from a tree branch?
Please consider the following hypothetical situation. Paul and Jim both own homes. Their homes are next to each other. Paul has a tree with a big branch on it that extends onto Jim's property.
One ...
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Can a car dealership reverse a car sale if the lending company removes their approval after the sale?
Person X visits used car dealership, gets an offer from salespeople, and over a few days or weeks settles on a car they want.
A little time passes as the dealership sets up the details of the sale, ...
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Brother wants to live in an house we inherited equally [closed]
My older brother and I are co-trustees and recently inherited our parent's house 50/50. Neither of us is ready to sell and I currently live far away. He has expressed interest in living in our parent'...
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What is considered 'Property' in the constitutional Right to Property in India?
When talking about the Constitutional Right to Property(Art. 300A), what counts as 'Property'?
I have been reading about how Right to Property was removed as a Fundamental Right(Art. 19(f) & 31) ...
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What is legal in retrieving stolen property?
In another forum (next door to this one), someone in my local community made the claim (paraphrased here)
I encountered a person rummaging through my car and stole some things.
This person took off ...
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What title transfers take place in the case of theft from a bank account?
In the case of theft involving taking money from a bank account, does the person whose account the money comes from loose good title to that money, or the debt it represents, or anything? Does the ...
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Who is the rightful owner of stolen property? [closed]
Our mother is 100 years old and has been declared incapacitated due to dementia.
In 1969, when I was 15 and my brother was 17, our Mom instructed us to go to her mother's home and steal an item that ...
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What are the legal rights of public school staff regarding item confiscation?
I'm looking for information specific to California, United States, but insights from other jurisdictions are also welcome.
From my research, I understand that school staff are permitted to confiscate ...
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(UK) Employee signed off from work by a doctor - can we ask for equipment back?
If an employee is signed off from work by a doctor and is currently holding equipment owned by either his employer or one of his employer's customers, it seems perfectly reasonable to me to ask for ...
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Can my stepdad steal from my room when I’m gone? [closed]
Yesterday, my stepdad accused me and my brother of stealing his batons and a few other things. My brother and I had no awareness to the fact that any of these items were missing. When we denied ...
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How does jurisdiction apply to ownership rights of personal belongings across countries? Can ownership be transferred?
Here is the predicament:
A has belongings of B. A is a US citizen based in the US and B is a foreign national of another country. B decides that they are giving ownership of their belongings to C who ...
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Community property without spouse title
In community property states such as California and Texas, I know all all property acquired after marriage belongs to both spouses equally, however, if a property was acquired after marriage when that ...
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Baseball caught: Ownership? Can one leave?
A spectator found the baseball of Shohei Ohtani's first home run in the bleachers.
According to the linked article, she was surrounded by security and pressured to give up the ball (so that Ohtani can ...
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Is it legal to assign beneficial ownership of a property without transferring the title?
Suppose an individual owns a house for investment purposes, and wants to assign the ownership of the house to a trust. To avoid the need for stamp duty and other complexities, could the owner just ...
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Can a neighbor legally attach something to the top rail of an existing common fence in Alberta?
My neighbor built a shed on their side of our common fence. They used the top rail to rest the end boards and also the roof supports on that end. I want to replace the boards along that entire side ...
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What did Arden LJ mean by "estate", in "legal estate in the shares" of an unlimited corporation?
I am baffled by Arden LJ (as she then was) at para. 59 in Pennington & Anor v Waine & Ors [2002] EWCA Civ 227.
So, too, in Re Rose, Rose v IRC the Court of Appeal held that the beneficial ...
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Can you get charged for grabbing someone's shirt?
This happened on a neighbor's property. The dog was in the front yard. A different neighbor that didn't own the property came out of their house with a gun. Fired at the dog once, the dog turned and ...
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About that $100k I need to return
Answers to this question link several other Q&As on the theme that if someone accidentally sends you a pile of money, you need to give it back. Fair enough.
If someone sends me $100k accidentally, ...
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Can a land possessor distrain a trespasser's property?
A has entered B's land for lawful purposes. B commands A to leave, but B parks his ATV behind A's vehicle, obstructing its only avenue of backing out to drive away (there are three other cars parked ...
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How many mints can I take before before it's legally wrong?
While reading this question I tried to think about analogous situations. Unfortunately, that just created a second situation I didn't understand.
Imagine a restaurant, with a big bowl of after-dinner ...
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Theft on golf course
Let's say hypothetically two men are playing golf on a public golf course.. One man loses his ball in a stream (which is on the golf course's property)... The man goes to collect his ball from the ...
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On what legal basis can a store sell an item and forbid its resale?
I was trying to resell this item, which I purchased a few years ago from California from a NJ seller. The item page says the item cannot be resold, but I guess I forgot.
The store I bought it from ...
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What’s the effect of leaving an item on another’s property? [duplicate]
Bob is hanging out at Alice’s house. He leaves but forgets to take with him his phone, leaving it there.
She picks it up and can’t be bothered to contact him about it so she just chucks it in the bin ...
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Estate vs. Interest v. Right v. Title
How do Estate, Interest, Right, Title differ from each other? Below, these different textbooks' glossaries fail to disambiguate them. Even worse, their definitions are circular! Estate is defined in ...
user49181
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Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?
We studied this case in my 1L (i.e. first year of law school) property course.
I am curious about the background on this case. I would've expected that her executor or beneficiaries would've had an ...
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Is it legal to leave signs falsely indicating that one's property has been booby-trapped?
I understand that in most jurisdictions, it is illegal to place booby traps, even on one's own property. What about leaving signs indicating that booby traps have been placed, without any actual traps?...
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How can I remove neighbors fence that’s built on my property
I bought a property in Washington state about 17 years ago. A couple of months before the purchase, the neighbor replaced a fence with a new one that pushed about 1 foot into my property. After ...
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How does the IRS know how long I live in a house?
I moved out of a house 2 years ago that turned into an AirBNB when I moved out. Now, I want to sell that house, but to avoid capital gains, I have to have lived in it for 2 out of the last 5 years. I ...
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How to complain when the offender cannot be located? [closed]
I am pursuing a noise complaint in the London Borough of Bromley. The noise is coming from a car park beneath a block of flats. I know the company that manages the car park, but they are not ...
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How to avoid liability and criminality when being conned by non-owner
I have seen this story now several times in some variation.
An HOA, landlord, property management company, neighbor decides that property that is not theirs is still theirs. An owner has a tree or ...
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What US states can forbid a citizen from owning a motor vehicle?
Inspired by this Judge Judy case: https://www.youtube.com/watch?v=IyCtWQsIqAg
The plaintiff was not allowed to own a car, allegedly because she had too many traffic violations.
Is this possible? In ...
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What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?
Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. ...
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UK property factor charging extortionate exit fee [closed]
I live in UK on property development with approximately 180 apartments.
The property development has voted to change property factors (roughly, a property manager) due to incompetence, poor financial ...
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What are the most prominent differences among the common law systems of the different states in the U.S.A.?
I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states.
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If my neighbor hires a contractor to repair a shared fence without telling me, am I liable to help pay for it?
So, during one of the tornadoes in March of this year, the shared fence between my property and my neighbor's property was destroyed. My neighbor is a realty company that rents out the single-family ...
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Can my siblings charge me retroactive rent on a house we all own?
I lived with my parents since 2015, not because I was homeless (I have a home) but I thought it was the thing to do when my dad's Alzheimer's started getting worse. I left my home, my husband and our ...
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Liability for damage to work equipment while used at home with employer permission
Please consider the following hypothetical situation:
An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
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Is it illegal to pay a friend to help with housework?
Suppose I have some work around the house, e.g. painting, gardening, etc. And I offer to pay a friend some cash and non-cash (e.g. beer) to help out. The house is an investment, and not my primary ...
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Does the UK building regulations allow for having no principal contractor for domestic clients?
Under The Building Regulations 2010 (as amended), a domestic client is a client where the project is being carried out for non-business reasons.
A contractor is someone who carries out the work, and ...
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can a parent take away property their child borrowed from me?
I bought a phone and have since let my minor cousin use the phone. Her mother has taken the phone and I told her that it is my property and needs to be returned to either me or her daughter or I will ...
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Can one legally use force to stop someone from damaging their property? [duplicate]
Alice is throwing rocks through Bob's house's windows. Bob asks Alice to stop, but she ignores him, and continues.
Is Bob legally allowed to use force to make Alice stop damaging his property?
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should we contact a lawyer if we have non stop issues and warrenty repairs in a new home for the last 4 years? [closed]
We have been in a new build home for for years and have non stop issues. we have had everything in the home worked on more than once, in some cases they are still doing repairs. we have had to deal ...
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What are the minimum required legal obligations for US citizens?
I'm writing a work of fiction.
Imagine a remote wilderness location in the US, during contemporary times. There is a self-sufficient community living out a farming lifestyle and relying on 19th ...
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Can you give stolen property back to the thief?
This question is inspired by this video by the lock picking lawyer, who given his name I'm assuming knows a thing or two about law.
However in the video he explains the lock was sent in by a viewer ...
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Credit union error on paperwork
Can a credit union be held liable for leaving off an account holder on a savings account? A friend is getting a divorce and just found out all her savings was placed into an account with only her soon ...
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To what extent can you defend a pet? [duplicate]
I understand that the majority of law regarding pets, such as possession/custody, regards them as property. Unlike property, though, they aren't fungible, in that most property can be replaced by an ...
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If a friend allows me the right to store property on his property but eventually tires of this agreement, can he legally deny me access to my property
He gave me a “24-hour” time period to retrieve my property when he knew I would be busy and not able to.
He gave me keys to locks that sealed entrances to his property without my request for them.
He ...
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Does a pub have a right to control the pavement outside it even if they have permission to place tables and chairs on that section of the pavement?
A pavement seems on a basic level to be a public piece of land. I’ve seen notices posted on the outside walls of businesses related to “applications for a pavement license”. Presumably a license to ...
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Is it possible to sign a prenup after marriage (still married but post-nuptial)
Is it possible to sign a prenup after marriage (still married but post-nuptial).
If a couple is married, but now wants to ensure each keep their respective properties, is this possible? Can a “post-...
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