Questions tagged [real-property]

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2 votes
1 answer
76 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 ...
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1 vote
1 answer
73 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?
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3 votes
1 answer
55 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 ...
1 vote
1 answer
47 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 ...
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0 votes
2 answers
52 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 (...
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1 vote
1 answer
60 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, ...
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2 votes
1 answer
36 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 ...
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1 vote
1 answer
57 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 ...
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0 votes
0 answers
20 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 ...
0 votes
1 answer
50 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 ...
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3 votes
0 answers
140 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 ...
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0 votes
1 answer
95 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 ...
1 vote
1 answer
80 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 ...
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1 vote
0 answers
35 views

Deed creating the estate by the entirety - should I put $0 for the amount?

I am adding my wife to the house deed using "deed creating the estate by the entirety." The document says I am giving her 50% ownership in exchange for: $______ property:___________ and ...
2 votes
2 answers
84 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 ...
0 votes
1 answer
110 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 ...
29 votes
2 answers
3k 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, ...
4 votes
2 answers
128 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. ...
1 vote
1 answer
123 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 ...
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3 votes
1 answer
184 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 ...
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1 vote
2 answers
110 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 ...
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 ...
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2 votes
1 answer
90 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 ...
0 votes
1 answer
112 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 ...
1 vote
1 answer
100 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 ...
2 votes
0 answers
131 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 ...
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2 votes
0 answers
178 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 ...
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2 votes
1 answer
140 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'...
  • 779
-2 votes
1 answer
256 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 ...
6 votes
4 answers
4k 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 ...
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1 vote
1 answer
210 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 ...
  • 196
1 vote
1 answer
157 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 ...
1 vote
2 answers
91 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 ...
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3 votes
0 answers
42 views

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

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 ...
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0 votes
1 answer
29 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?
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1 vote
1 answer
46 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 ...
  • 113
1 vote
0 answers
80 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 ...
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1 vote
0 answers
45 views

Rights of access to a landlocked plot - le droit de désenclavement

I have a question about Rights of Access in France. I've read that landlocked land can be accessed via 'the shortest possible route' but I'm not clear whether that always means 'shortest distance to ...
7 votes
3 answers
6k 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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1 vote
1 answer
69 views

Are there tax implications in Ohio when giving a house to someone else?

I have a house that had fire damage. I would like to give the property to a restoration company to avoid having to pay out the money in repairs. Are there any tax implications if I give the ...
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2 votes
1 answer
229 views

Could something like CyberBunker be legally ran in the US?

CyberBunker is the name of a company and Soviet-era nuclear bunker that has been converted to a datacenter in Holland. They made some news a few years ago when they were raided by a SWAT team, but the ...
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0 votes
2 answers
288 views

Does a town have to have a justification for a zoning restriction?

In one town near me there is a town that has zoning restrictions like, if an addition is over so-and-so many square feet it must have planning board approval. This would seem to be capricious ...
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