52

Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action. It could be dangerous for the landowner to try to remove ...


50

If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm". ...


36

You cannot pass on better title than you have The fraudster (B) in this scenario does not have good title in the car and so the thief (C) doesn't either: 1) because they are a thief and 2) because the person they stole it from didn't own it. If C had paid B for the car then C would still not own it because while they are no longer a thief, B still doesn't ...


23

Legally, yes. Under Penal Code 198.5, California follows the Castle doctrine, meaning there is no duty to retreat if a resident confronts an intruder inside the home. Residents are permitted to use force against intruders who break into their homes, or try to force their way in. A legal presumption means the prosecutor in a case must prove that the resident ...


16

In the UK it is an offence to cause a computer to gain unauthorised access to any program or data held in any computer (s1 Computer Misuse Act 1990). It seems likely that other European jurisdictions have similar laws. Certainly Germany does: Penal Code 202a data espionage (German text - English translation). (I mention Germany because the linked thread ...


14

If the ex-wife had a legal right to occupy the house, then the ex-wife also had the legal right to invite in others. Removing the wife’s right to occupy the house would be part of the judge’s divorce decree, but if the wife did not have another primary domicile arranged, forcible removal would be an eviction which would, itself, need to run its own legal ...


13

Everything may theoretically vary by jurisdiction, which you haven't specified. Stolen property remains the property of the lawful owner. Assuming that Person A can demonstrate their lawful ownership, person A gets the car back. If the car has been damaged or destroyed, person A may sue persons B and (possibly) C for restitution to cover the loss. In ...


9

This is not a law answer but it feels wrong to make it just a comment. Don't do this. I know quite a few criminals. My dad is in jail for 25+ years. My brothers, uncles, and cousins have rap sheets (arrest records). The Royal Canadian Mounted Police (RCMP) know of me. The best way to minimize damage and harm is to not escalate. If someone tries to steal ...


5

In the US, the default rule is that your home is your castle. In general, nobody, not even the police, can enter your home without your permission. The main exception to this rule is that police do not need your permission if they have a search warrant to search your home. To get a warrant, the police must convince a magistrate that they have good reason (ie,...


5

As a legal matter, you need to call or visit your local police station, report that you found some lost money, answer their questions honestly and dispassionately (they don't care about your hate etc. unless it's causing an active situation they have to deal with, and even then they don't much want to hear you go on about it), and then let them deal with it. ...


4

Zoning is controlled by the municipality (and possibly state, given where KC is) so you would have to check the rules for the municipality of interest and look at the specific zoning designation (e.g. RP-OE, R-2, MXD). Here for example is a page of code from Overland Park, which tells you that RP-4 land can be used for a private park, but agriculture is not ...


4

ECJ case C170/3 covers this (BPM on car imports to the Netherlands, when the car was not originally owned by the driver/importer) specifically. There are two requirements: You must own the car at the moment that you import it. Prior to import, you must have had a connection to the car. The first condition is logical; if your parents would still own the car ...


3

Short Answer The question of whether a real property mortgage is recourse or non-recourse is governed by the law of the jurisdiction where the real property is located. The place where the parties to the agreement reside, or where the documents are signed, is irrelevant. I am not aware of any exceptions to this rule anywhere in the world. In some ...


3

There is no clear legal answer, and in case the matter goes to court, the jury would compare actions of the parties. For example, shipper could say "mail it back to us" and recipient could refuse, saying "come pick it up in the next 10 minutes". Both parties are being unreasonable, imposing significant obligations on the other party (time and money, in the ...


3

There are no property rights on celestial bodies ... at present The Outer Space Treaty “explicitly forbids any government to claim a celestial resource such as the Moon or a planet.” And, since only governments can make such claims under international law, no one can. However, the treaty was drafted at a time when only governments could play in space and ...


2

The relevant clause is: Academy Award winners have no rights whatsoever in the Academy copyright or goodwill in the Oscar statuette or in its trademark and service mark registrations. Award winners must comply with these rules and regulations. Award winners shall not sell or otherwise dispose of the Oscar statuette, nor permit it to be sold or disposed of ...


2

It would certainly not be legal in Scotland (there was a court case in about this in the context of parking). I am pretty sure it would not be legal in England and Wales (there has been legislation to allow wheel clamping - but only in certain circumstances, and yours is not one of them). Outside of Great Britain, "it depends on the jurisdiction". However ...


2

No But they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the deceased partner’s will makes inadequate provision for them or if there is no will.


2

In California, you can get a driver's license at age 16, as well as a motorcycle license. This is similar to the minimum age in most other states. According to this article, California law generally permits minors to own property. There is a restriction for motor vehicles: Vehicle Code section 15500 says that a minor can only own a motor vehicle if they ...


2

In many US states, beaches, or at least the tidal areas of beaches, have unlimited public access. In MA this is not so, although some notification, such a s a sign, will generally be required before any law against trespassing can be enforced. According to an article published by a real estate law firm: Massachusetts has a unique set of laws giving coastal ...


2

The idea of bearer copyright seems attractive, especially in light of the hypothetical of the fading-storage-locker-masterpiece. As user6726 points out, one obvious way to create bearer copyright is through conveyances. However, as he also points out, there are problems with using conveyances. These problems could be avoided by putting the copyright into a ...


2

In the US, you can transfer copyright to another person. This can be done "by any means of conveyance" as well as by law (e.g. intestate succession). Done via a document that transfers title, the main issue is that there could be multiple documents of conveyance that say the same thing, thus there could be 12 equal owners of the copyright. Depending on your ...


2

Punishment is probably not possible, though there are so many recycling schemes in the state and the law changes in three waves this summer: it depends on where this recycling comes from. As described, it does not constitute "dumping". The lockdown does not contribute anything (it is not a punishable offense to be outside or to put stuff in a recycling bin). ...


2

You and the company are separate entities. Let’s say your company has a printer. If that printer as a used printer is worth $500 then the company can’t give it to you for free or sell it for less than the value, or it will be tax evasion. The company’s profits are lower than they should be, and your wallet contains more money than it should. The only legal ...


2

Yes, there could be an obligation without needing retroactivity If Elgin never owned them then neither does the British Museum. It has been a feature of common law that only a person who has good title to property can pass on that title (unless the goods are a negotiable instrument, such as a banknote cheque or bearer bond acquired in good faith). I don't ...


2

Three thoughts in addition to @K-HB's and @ohwilleke's answers: From a practical point of view: you putting much further effort into searching for S doesn't make sense unless you know that the other 3 are willing to sell (or to lease Pacht/Erbpacht - if that's also an option for you): that's the only scenario where you need to get in contact with S. ...


2

I'll consider the legal situation in Germany: I) Civil Law In German civil law, there is a distinction between ownership (Eigentum) und posession (Besitz). While the Besitz can change, Eigentum never changes by theft itself (at best if the stolen item is inseparably tied to another). Regardless of this, according to § 935 Abs. 1 S. 1 BGB (civil code of ...


2

what actions do I need to take to reclaim my address? Make the address really yours (buy the property). Use your current address for all correspondence. Setup mailbox with address prominently written on it. Approach the neighbor nicely explaining them the situation and ask to stop using the address. If 3 fails, hire a lawyer and instruct them to approach ...


2

"British law" is a misnomer as inheritance law is very different in Scotland compared to England, Wales and Northern Ireland. In English and Welsh law, a person can bequeath his property to whom he likes. However, relatives, dependants and others can challenge someone's Will by going to court and claiming 'reasonable financial provision' from the ...


2

what the legal implications are of altering a document after it has been signed. There is a significant risk that the counterparty will dispute the legitimacy of any changes made after a contract is signed. The heightened formalities of purchasing a house are intended precisely to preempt dubious alterations of the contract. Furthermore, the contract might ...


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