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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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55 views

Does the federal government have authority to impose tax laws at the state level?

I was reading IRS Stops Attempt To Bypass Trump Tax Law, MD Lawsuit Continues. The article states: ... The IRS said Tuesday that states cannot bypass a $10,000 cap on state and local tax (SALT) ...
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2answers
83 views

Can the entity storing my property indefinitely unilaterally decide to remove/discard it?

Last year, a friend brokered an agreement on my behalf with a friend of his to store some of my property in their company's storage unit (he is the owner of the company). I was not a party to the ...
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2answers
88 views

Someone called the police to report someone doing drugs in a vehicle on my property

What right does the officer have to ask questions and search people and vehicles?
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2answers
30 views

Meaning of “indemnify from property”

I understand the meaning of "indemnify from" when it is used with "loss" or "claim": if someone is indemnified from that, they are legally shielded from it and will not suffer. But "indemnify from ...
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4answers
181 views

How is property in trustees' hands safe from the trustee's own creditors?

In the context of trust law, trustees are the legal owners of the property in trust. They hold it for the beneficiaries, who are the equitable owners. Even though trustees legally own the property, ...
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1answer
171 views

Accidentally took something wasn't mine. Can I get in trouble for returning it?

I recently moved out of a shared living accommodation. After moving out someone complained that the (shared) glove for removing hot items from the oven was missing. I had my own glove that I took and ...
0
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1answer
59 views

Can I sue Uber for property damage to my mobility device?

I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled. While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility ...
4
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2answers
89 views

If suing for property damage can I claim for my time spent to replace those items?

I am claiming compensation for property damage due to negligence. I will simply using the money to replace the damaged items. Can I also claim for my reasonable time in replacing the items? For ...
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1answer
74 views

Is it a bad idea to put a garden over a gas main?

I put my garden within 100 feet of the gas main (the one that supplies gas to hundreds of houses), and now the gas company is concerned about where it is. Do they have a right to be if other trees ...
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2answers
166 views

Can a neighbor point cameras at our backyard and the back of our house?

We live in the hills. And the way our neighborhood is designed is as you go up the hill, there will be a house below you, and a house above you (which are side by side to your property). The elevation ...
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2answers
69 views

Court order on selling property

I am trying to remove my name from mortgage (Canada, Ontario), my ex husband is not really helpful and self-employed. I am thinking of going to get court order on selling our property. We signed (...
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2answers
180 views

Can the owner of a private establishment confiscate the personal property of a trespasser?

While I was reading this article, this line caught my eye: Anyone seen videotaping in any capacity will be deemed trespassing and will be escorted out by security. Your video equipment may or may ...
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1answer
69 views

Neighbour has extended over the boundary of a potential house I was looking to buy [closed]

So having initially looked at a house I found that everything was in good order and the seller seem genuine in respect everything being able to answer my question and to provide the relevant documents ...
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2answers
8k views

What can I do if neighbor is blocking my solar panels intentionally?

I live on a 2.5 acre lot. I installed a ground mount solar array 6 years ago. Then 4 years later my neighbor planted over 39 tall cypress trees which are blocking the sunlight. Is there any law in ...
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3answers
128 views

Can I use the recycling bin of a residence or business that's out on the street?

Oftentimes I'll be carrying around some piece of recycling until I can find an appropriate recycling bin. There are usually public garbage cans everywhere, but sometimes there aren't any recycling ...
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0answers
29 views

inherited real estate in oregon [closed]

I live in Oregon and my friend passed away Oct 14th, 2018, in his Will, I was appointed the Executor, as well as a beneficiary, I got a lawyer and he said we needed to go through probate. Medicaid is ...
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2answers
164 views

Is there such a thing as “private beach”?

I have heard about certain cases involving the public trust doctrine. There have seemingly been cases where lakefront property owners are trying to change the law in the U.S. to have their property ...
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1answer
47 views

Can I sell a Craigslist/FB Marketplace item in a local store?

I want to sell a high value cell phone but I also want to stay safe. Are there any issues with me choosing a local grocery store or restaurant to conduct the transaction (goods for money)? Does it ...
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1answer
64 views

Challenge of payment for earnest money [closed]

I purchased a home and paid the agreed earnest money. Living and traveling between two cities, at the time, I don't remember how the money was paid (wire, cashier's check, money order) but all parties ...
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3answers
73 views

Legal Action Against a Property Appraiser [closed]

The property appraiser of my new condo failed to study the survey map to catch a massive non-disclosure about the property; I filed a complaint against the Board of Property Appraisers and he received ...
2
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1answer
185 views

Is it illegal to have two over-the-counter pills in the same jar?

Is it illegal to have two over-the-counter (Tylenol and Ibuprofen) pills in the same jar? A cop at the Washington County Sheriff's Office in Bartlesville Oklahoma USA one time took a jar from me ...
4
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1answer
75 views

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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0answers
106 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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0answers
41 views

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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0answers
43 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 ...
3
votes
1answer
159 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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1answer
47 views

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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0answers
24 views

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
35 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 ...
0
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1answer
164 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
91 views

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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2answers
83 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. ...
2
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1answer
73 views

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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1answer
55 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
168 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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0answers
68 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
50 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
107 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
113 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 ...
3
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1answer
250 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
73 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
81 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
78 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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1answer
30 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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0answers
21 views

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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0answers
61 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
83 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
219 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
49 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
97 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 ...