Questions tagged [real-property]

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Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

I am reading a case from 1978, Kahn v. Kahn, in which the Court of Appeals in New York debated whether it had the authority to order the sale a couple's home during divorce proceedings. The principal ...
lgshost's user avatar
  • 43
14 votes
1 answer
6k views

How should the inherited Italian property of an American who died intestate in Dominican Republic be handled?

An American citizen died in the Dominican Republic 15 years ago without a will. His last address was in the DR. We recently learned he owns property in Italy (he was born there and inherited his ...
Linda's user avatar
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3 votes
0 answers
57 views

Are Arab Israelis permitted to purchase land in the West Bank?

It seems that Palestinian land laws prohibit Palestinians from selling any Palestinian-owned lands to "any man or judicial body corporation of Israeli citizenship, living in Israel or acting on ...
dotancohen's user avatar
1 vote
2 answers
102 views

Basis of real property ownership in civil law and non-Anglosphere countries

In England and perhaps other common law jurisdictions, property ownership is governed by the feudal remnant called "tenure", whereby what is commonly called "owning" is actually a &...
gast's user avatar
  • 63
0 votes
1 answer
197 views

Child support question

I have a house that was inherited but I owe child support, but it’s not just inherit to me, it was also inherited to my sister my mom left it to both of her kids which is me and my sister my sister ...
John Tucker's user avatar
0 votes
2 answers
122 views

Sham gift scheme to evade foreign buyer tax

Reading the National party's intention to impose 15% tax on foreigners buying property in New Zealand, I wonder if the following scheme could well flourish if that plan came to reality. Say Yáng, a ...
Greendrake's user avatar
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3 votes
2 answers
156 views

What is a "strata lot"?

In relation to real property, what is a "strata lot"?
Jen's user avatar
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1 vote
2 answers
170 views

How long do restrictive covenants apply on property willed to the state?

If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? Assume the state accepts ...
Evan Carroll's user avatar
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7 votes
3 answers
2k views

Made aware of a utility easement a year on

Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction ...
Sarah's user avatar
  • 89
4 votes
1 answer
1k views

Adverse possession between new owners

I purchased my property in 2016. My current neighbor purchased his in 2019. The current fence between our properties had been installed some time ago, presumably by the respective previous owners. I ...
ssm's user avatar
  • 141
2 votes
1 answer
138 views

If a rift expands the surface of one's land (e.g., resulting from an earthquake), who owns the new land?

Looking at the geological pictures of the 2023 Turkey–Syria earthquake made me wonder: If a rift expands the surface of one's land, who owns the new land (i.e., the rift)? I'm mostly interested in the ...
Franck Dernoncourt's user avatar
2 votes
5 answers
480 views

A store security guard prevented me from entering a shop 30 min before the close, does he have the right to?

I tried to enter a shop that closes at 11 p.m. in France, at 10:30 p.m., and the store security guard prevented me from entering. Does he have the right to? If not, what could I do to go in? What do ...
Mathieu Nightown's user avatar
0 votes
1 answer
136 views

Can someone tell me what this document is saying?

Context: I purchased some land and paid cash for it in full and owned it without any kind of lien. We then proceeded to begin the process of building a house. Secured a builder and a construction loan....
Patrick's user avatar
13 votes
2 answers
4k views

Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing

I purchased a 110 year old house 18 months ago and am living in it. At the time of sale I waived inspection and did As-Is based on two factors: a 3rd party inspection was provided to me from buyer ...
J.Xander's user avatar
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2 votes
1 answer
126 views

"Reverse whois" for UK land ownership...?

when we want to know who owns a given piece of property, we can consult HM Land Registry. But suppose we wish to find out what properties are owned by a given person or company? What are the best ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
107 views

Does the doctrine of unlawful ouster apply throughout the common law world?

Like England for example? If so then why do English legal materials speak so much rather of illegal eviction than of unlawful ouster?
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
72 views

Legal precedents or process in USA for removal or alteration of land restrictive covenants for a subdivision lot?

Are there any particularly helpful examples or precedent processes of having restrictive covenants lifted or lessened in the USA (specifically Ohio) when a property is still owned by the original land ...
ylluminate's user avatar
1 vote
1 answer
53 views

Considerations other than the offer in a real estate bidding war

My wife and I just apparently lost out on a property and I am trying to understand what happened. It was a trust, listed by an attorney. The deceased had no children and No relatives in the area. It ...
mreff555's user avatar
  • 165
0 votes
2 answers
66 views

Why does LP(MP)A 1989, s 2 proffer a 2nd form — that allows each of the 2 separate documents signed by merely 1 party? Advantages over 1st form?

I start by citing the Law of Property (Miscellaneous Provisions) Act 1989, s 2(3). (3) The document incorporating the terms or, where contracts are exchanged, one of the documents incorporating them (...
user avatar
1 vote
1 answer
196 views

Prescriptive Easement - how exactly does this apply to utilities?

A prescriptive easement in my state (MT) is defined as: "A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, ...
maplemale's user avatar
  • 357
2 votes
1 answer
254 views

How is a notarized document different from a document with the District Registrar/sub-registrar?

Jurisdiction: India Relevant Law/Statute: ? Here in India a document may be notarized by a Notary Public, or it may be registered (if it falls under certain types ) by the District Registrar subject ...
Everyone's user avatar
  • 377
1 vote
1 answer
218 views

Can bona fide purchasers transfer the title of real estate or a motor vehicle?

This is a follow up question of the question entitled "Equity's darling": How do U.S. courts overcome bona fide purchasers?", and seeks the answer to what happens when BFP's engage in ...
kisspuska's user avatar
  • 3,924
1 vote
0 answers
33 views

What rights do landlords in Ontario have regarding prompt delivery of Preliminary Notice for Annual General Meeting

I live in Toronto, Ontario. Our condo's AGM is to be held on February 10, 2022 this year, and the deadline for nominating directors and submitting questions is Jan 10, 2022. However, although the ...
Catiger3331's user avatar
1 vote
1 answer
169 views

If a property changes owner during Party Wall Act works, what is the effect on consents, s10 processes, and further work stages?

The Party Wall Act governs works which by their nature may extend over a significant period of time, and are inherently not absolutely certain and deterministic at commencement. (For example, during ...
Stilez's user avatar
  • 3,189
4 votes
0 answers
165 views

How to find a good HOA Lawyer to deal with confrontational HOA [closed]

Suppose that a person's current HOA is very aggressive with increases, fines and attorney fees that tends to silence community members rather than empowering them. Suppose that the management ...
LeanMan's user avatar
  • 329
0 votes
1 answer
120 views

Rainwater directed from neighbour's property by older construction

Consider two adjoining properties in a high rainfall location. Both owners are relatively recently moved in. The owner of PropertyA discovers there is ongoing property damage due to rainfall ...
WestCoastProjects's user avatar
1 vote
1 answer
124 views

Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the ...
Zuzlx's user avatar
  • 121
1 vote
2 answers
172 views

How do I get the title and ownership paperwork for a deceased relative's house?

My mother passed away. She left a will saying who should receive which items. However, my mother's will lacks a lot of useful information. For example, the will does not state where the title ...
Samuel Muldoon's user avatar
0 votes
1 answer
133 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
James Locklear's user avatar
29 votes
2 answers
4k views

Copyright a Land Feature?

This sign is posted on private property in New Mexico, USA at: 35.47212, -106.15719 COPYRIGHT NOTICE Photos and videos taken of Lone Butte Mountain may not be directly or indirectly published, ...
Al Lelopath's user avatar
4 votes
2 answers
187 views

Who gets the pay-out from insurance after a house fire? The person who lives there, or the person who paid the premium?

Two siblings inherit a house 50:50. One lives abroad and wants to sell-up and split the money, the other is jobless, doesn't want to sell, lives in the house and won't negotiate with other sibling. ...
ConanTheGerbil's user avatar
1 vote
1 answer
128 views

The big-boys want to use our condo-fee to repair their private portion

I live in a small condominium with eight units. Two units have their private balconies with private entrance. They want to have a major repair done for their private portion. The expected cost is ...
High GPA's user avatar
  • 207
3 votes
1 answer
224 views

Who is responsible for the bull's damage?

Bob owns and lives on a piece of land adjoining another, vacant one owned by Alice. There is a sheep fence between them which Bob has installed at his own expense (even though he legally could demand ...
Greendrake's user avatar
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1 vote
2 answers
171 views

Criminal action for "accidental" property damage

I recently saw a story on YouTube about a family which had an issue dealing with a roofing company. The roofing firm somehow made an error about which house they were supposed to re-shingle and ended ...
YellowBadger's user avatar
5 votes
1 answer
1k views

What is a "Right of a seat in church" Easement attached to land

I was casually reviewing property statutes for Oklahoma, as one is wont to do, when I came upon: 60 OK Stat s60-49: The following land burdens or servitudes upon land, may be attached to other land ...
Andrew's user avatar
  • 2,020
2 votes
1 answer
457 views

What happens to the mortgage on property which has been 'Adversely possessed'

So if property has not been utilised by the original owner, and another person starts to occupy and utilize it for a reasonable period of time (i.e., 20 years), the new occupier can lodge for the ...
DarcyThomas's user avatar
0 votes
1 answer
140 views

HOA bylaws: Are they enforceable absent a contract?

If one lives in a community (a “Resident”), in which there has been a longstanding non-profit corporation calling itself a “homeowners association” (the “HOA”), with bylaws, and registered with the ...
user30228's user avatar
1 vote
1 answer
259 views

Does the surveying term "right-of-way line" refer to a single line, or to a strip or swath?

I'm taking a class in real property law. We have many exercises where we read a survey map and write a legal description in metes and bounds. Many of the maps use the "centerline" of a road but some ...
aparente001's user avatar
2 votes
0 answers
135 views

To what extent has the legality of property taxes been tested in American courts?

In the United States, many State governments tax land property owners based on the value of the property. These taxes are assessed every year and must be paid or the state will seize your property and ...
user avatar
2 votes
0 answers
625 views

How hard is it to dissolve an HOA?

In Texas, and in the county I'm speaking of, to dissolve or drop out of an HOA there needs to be a 2/3 majority of property owners (1 vote per property) voting in the affirmative in order for a ...
mark b's user avatar
  • 790
1 vote
1 answer
169 views

What is the legal term for enforcing things when an HOA has been lax previously?

Let's say an HOA has been very lax in enforcing its CC&Rs in the past. There are restrictions about fencing, but many owners got and received variances in the past and have put up fences that don'...
mark b's user avatar
  • 790
-2 votes
1 answer
362 views

HOA president using HOA funds for a French drain in his back yard

I am the new treasurer of an HOA board. The president of the HOA has complained that his back yard is soggy when it rains and has arranged for the HOA to pay to have a french drain installed in his ...
James Jones's user avatar
6 votes
4 answers
6k views

Force neighbor to resolve property line encroachment before selling house

My neighbor built a fence that crosses our property line. I had a surveyor come mark the boundary to be sure. (It has only been a few years so no adverse possession possibilities.) This neighbor is ...
minou's user avatar
  • 196
1 vote
1 answer
403 views

What to do about neighbor's dangerous retaining wall

Several years ago, a neighbor built a retaining wall on the property line. It is a really cheap retaining wall and made from wood. The wood is now rotten and the wall is falling apart. Worse, cars ...
minou's user avatar
  • 196
1 vote
1 answer
213 views

Can lease holder physically remove my items from home without judges order?

I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore. The leaseholder basically said he has the right to kick me out whenever he wants and to remove my ...
dutyanalysing's user avatar
1 vote
2 answers
101 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...
Marci-man's user avatar
  • 141
3 votes
0 answers
44 views

Can I allow use of a property while limiting exposure to liability? [closed]

I own a semi-rural property in Canada which I use as a seasonal residence; it's unoccupied for long periods. People in the surrounding community are accustomed to traversing the property ...
CCTO's user avatar
  • 371
0 votes
1 answer
30 views

which quitclaim deed do I need?

The owner of the house is deceased, and still has mortgage to pay. The wife would like to take over the home, and pay for it whole. With this circumstance, which quitclaim deed is needed?
user's user avatar
  • 113
1 vote
1 answer
49 views

What is a transfer of title document?

My father passed away, and I want to put the house under my mothers name. The loan servicing company is asking for a transfer of title document. I am unsure what that is, or how I would go about ...
user's user avatar
  • 113
1 vote
0 answers
105 views

Legality of unwritten covenants - Architectual Review Process - HOA

I'm preparing to submit house plans for approval by my Architectural Review Committee. I felt confident. We prepared a house to the specifications of the covenants and studied them carefully. I just ...
John's user avatar
  • 11