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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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How likely am I to receive compensation? (UK)

I recently bought my first property which is meant to be an exciting time until I realised the property has a broken boiler meaning I have no hot water or central heating. Now prior to exchange of ...
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94 views

Sister and 23 yr old niece won't move out of deceased mom's house

My mother died 6 weeks ago. My sister lived with her, and took care of her for a long time. I give her credit for that. Since mom has died, sister is holding onto the will. Our brother is the ...
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What are the legal risks in removing other people's baggage from a conveyor in baggage reclaim?

I originally asked this on Travel.SE, but didn't get any useful answers. So I thought I'd ask about the legal aspects here. For further details on why I was doing it, see the Travel.SE question. When ...
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35 views

Question about potentially illegal construction

Disclaimer: The following is the situation one of my friend has been facing. But since he doesn't have an account on SE and doesn't want to create any just for asking this question, he asked me to ...
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1answer
61 views

I bought an apartment on plan and it doesn't seems to respect the acoustic standards. What can I do?

I bought in 2015 an apartment on plan (Belgium). In the specifications it was mentioned that the belgian acoustic standard of 2008 "NBN S 01-400-1" would be respected. I received the keys in November ...
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Real Estate Appraiser

I purchased a new condo June 2017; There was something about the property that wasn't disclosed to buyers. It was on the survey map? but the appraiser admitted to me he didn't catch it and advised me ...
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Reclaiming property that is evidence in case

We were the victims of a burglary in August, and (fortunately) the criminal was caught red-handed with our property (running away from our house). Included in that property was a laptop, the main ...
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1answer
30 views

Who is the legal owner of the Twitter account?

I often see someone on Twitter saying something like: My account = my rules. And I always wonder…is this actually true? Who is the legal owner of the Twitter account? Is it Twitter or the user who ...
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1answer
36 views

Doctrine of Merger in Property Law

Under the Doctrine of Merger a vested or possessory life estate merges into the next vested future interest in fee simple (whether a reversion or a vested remainder) when both are held by the same ...
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2answers
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Multiple Life Tenants

According to my textbook, there are three ways that a life tenancy with multiple life tenants can be carried out. (1) Life estate lasts until the last life tenant dies; the share of each survivor ...
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1answer
34 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
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1answer
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Fee Simple: trick question

O conveys "to A and his heirs, but if Blackacre is used by its owners for hunting during A's lifetime, then to B and his heirs; and if Blackacre is used by its owners for hunting after A dies, then ...
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42 views

Kellogg v National Biscuit Co

In Kellogg v National Biscuit Co it was ruled that once a utility patent expires the patentee can never make a trademark-like claim to the exclusive use of the source-identifying function of the shape ...
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2answers
101 views

Oregon v Newcomb: warrantless searches for animal welfare

Oregon v. Newcomb: A dog is personal property under Oregon law. However, Oregon law simultaneously limits ownership and possessory rights in ways that it does not for inanimate property. Live ...
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44 views

The Lanham Act: how similar is too similar in trademarks

The Lanham Act prohibits the unauthorized use of a reproduction, copy, or imitation of a registered trademark in a way that "is likely to cause confusion" with the registered mark. One factor taken ...
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2answers
42 views

Anticipating “novelty” in patent law

In its opinion the Court discusses earlier wire fence construction that, though somewhat similar to Glidden’s, did not “anticipate” the Glidden invention. “Anticipate” is a term of art in patent law. ...
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1answer
92 views

Can seller of property impose conditions on how it is used by the new owner?

When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account? ...
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2answers
99 views

Why doesn't London airport's Lost Baggage policy conflict with Theft by Finding or other UK law?

I lost a bag whilst going through security on a recent flight through Heathrow Airport in London, UK. Since getting home I've been online to try and track the item and have discovered that their ...
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1answer
241 views

Adverse Possession: Chaplin v Sanders

The “hostility/claim of right” element of adverse possession requires only that the claimant treat the land as his own as against the world throughout the statutory period. 183The nature of his ...
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1answer
63 views

Defining good faith

“‘Good faith’ means honesty in fact in the conduct or transaction concerned.” OCGA §11-1-201(19). “‘Good faith’ in the case of a merchant means honesty in fact and the observance of reasonable ...
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2answers
75 views

A invites B onto their property. B finds a mislaid item. Can B keep it or does it go to A?

Mislaid property is property that the owner intentionally set down in a place where he can again resort to it, but then forgets where it is. Mislaid property must be turned over to landowner, who ...
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2answers
37 views

Property law: title vs possession

In property law what is the difference between Title and Possession? They basically sound like the same thing to me.
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24 views

Property rights: the power of testimonial disposition

Property is a bundle of rights or legally protected interests, including: Right of possession, enjoyment, and use Unrestricted right of disposition Right to exclude others power of testimonial ...
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Moving Easements: Is Massachusetts in the minority?

Traditionally, you cannot move an easement without the permission of both parties. However, in M.P.M. Builders v Dwyer the state of Massachusetts decided that in the absence of an express prohibition, ...
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49 views

Constructive Eviction: split of authority?

Is there a split of authority regarding total constructive eviction? I know that according to the majority if there is total constructive eviction you have to move out and don't need to pay any rent. ...
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1answer
53 views

Tenancy at Will vs Periodic Tenancy: payment

Is it possible to pay for a tenancy at will without having the tenancy at will becaome a periodic tenancy? I ask this because a classmate told me that you cannot pay for a tenancy at will. The ...
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1answer
70 views

How can a cash sale result in a voidable title?

§ 2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting". Please look at the statute above. It is fairly short. There is a link to it here: https://www.law.cornell.edu/ucc/2/2-403 I am ...
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2answers
47 views

Property law: mobile homes and deeds

Suppose the owner of a lot on which a mobile home is situated conveys the lot to a grantee, with no mention of the mobile home in the deed of conveyance and no discussion of the issue between the ...
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2answers
81 views

Someone broke my laptop, how should I handle this situation?

I am attending college in Wisconsin and I had my backpack leaning against the side of my desk. It was on the edge of the walkway between desks in the class room. Somebody walking by kicked my ...
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1answer
80 views

Unauthorized tow

Followed by vehicle, who was acting suspicous. Turned right on highway access road and the vehicle following me turned right across 3 lanes of traffic to follow me. Vehicle behind me hit their lights ...
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0answers
58 views

Can a township be at fault for damaging property?

This involves the neighborhood I grew up in, and where my parents still live. Its a small exurb of NYC. The development my parents live in is about 200 houses at the base of a steep hill. In the past ...
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0answers
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What happens if I buy a stormwater basin from a property tax auction?

I've recently been reviewing property that is available either at auction or for immediately for purchase from the various counties in the state of TExas. Most of them are simply what you would expect,...
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3answers
118 views

If I don't live in a school zone, I shouldn't have to pay for that school's property taxes, correct?

My wife and I bought a house this year. We live just outside of my cities municipal school zone. We don't have any kids so we didn't think much of looking into the school zone maps when we moved. ...
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2answers
242 views

What are the rights a owner can do with an island?

Suppose, I have enough money to purchase a big island near Hawaii. After I purchased, I started to make some changes, such as: Changing the name of the Island. Build an airport. Build some houses for ...
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trespassing to personal property? [duplicate]

Let say I went into a store and bought something. When I was walking out an employee or the manager stop me and ask to look inside my bag because they assume I was stealing. Before, I could even ...
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1answer
84 views

At the end of a lease, who owns the parts used in repairs?

I have found it is usually the landlord who is responsible for most repairs and this is specified in the lease (barring tenant negligence or other stated reasons why a tenant would be responsible). ...
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1answer
46 views

Is it legal to buy/sell a property through power of attorney?

Is there a legal way to buy/sell a property(apartment) in a locality where registration is paused? Heard about power-of-attorney way but not sure if its valid in this scenario! Any advice on this ...
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1answer
32 views

In which countries does the body of the dead become property of someone?

It's been claimed on politics SE that the body of the dead becomes the property of his family. No country was specified, but is there really a country where this happens?
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1answer
115 views

Temporary theft, or, removing someones property to deliver it to their home or office

If I take somebody's property without consent, with the intent of keeping it, it is theft. If I take somebody's property without consent, but return it to them immediately, what law am I violating? ...
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5answers
21k views

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it ...
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2answers
152 views

How can I buy a piece of land in Germany whose owner is unknown?

Long story short: I am interested in buying a piece of land beneath ours. According to the "ground register" (Grundbuch), it belongs to two people, let's call them G and S. Facts known about these ...
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4answers
134 views

Is criminal prosecution up to the police/state or can an individual push it?

What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction? If this question is too ...
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3answers
4k views

Is it legal to put a billboard on residential property?

A billboard is put on top of a person's roof or on his vacant land. It is zoned residential. This person lives on a main road and the billboard is visible to cars travelling on it. He hasn't received ...
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3answers
126 views

Can I prevent co-owners of my house from making modifications without my consent?

I live in the US (Massachusetts) and I jointly own a house, along with my wife and her parents (who live with us). I have noticed a frustrating trend recently with the other co-owners making repairs/...
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1answer
203 views

What does Gonzales v. Raich mean for property rights?

In 2002, Angel Raich had her home raided by federal agents who seized her six cannabis plants. At the time, medicinal cannabis was legal in California, so Raich claimed the federal government didn’t ...
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1answer
2k views

If someone leaves a scooter from a vehicle sharing service in my yard can I dismantle it?

A scooter from a vehicle sharing service (Bird) was left in my yard. What laws do I break if I dismantle it? Does the owner have any civil claim against me? Assume the scooter can be reassembled. ...
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1answer
73 views

Can you buy rights to airspace in the US?

Say I am an astrophysicist setting up a location for an experiment involving measuring electromagnetic field strength from the ground. I can buy loads of land in the Mountain or Midwest regions of the ...
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1answer
58 views

How does title transfer work regarding personal, moveable property?

What exactly is a title? And how are titles transfered for things other than real estate? If I purchase a burger from McDonald's, is there a transfer of title in the burger from McDonald's -> me? If ...
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1answer
198 views

my landlord won't let me in on the day my tenancy begins, is this legal?

My tenancy begins on July 1st, however as this is a Sunday my letting agent will not give me the keys on this day. I really need to move my stuff in on July 1st, can I claim that not allowing me to ...
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1answer
244 views

Party is refusing to cooperate with the court. How do I proceed without a lawyer?

A ruling (from a US court) was registered with a Canadian BC Provincial court that required them to remove CPLs (liens) from my property. This person (who lives in Canada) is refusing to cooperate. I ...