21

The technical difference is that theft is illegal, and adverse possession is not. I'm assuming you're talking about why there's a difference. Historically, there are two basic reasons for adverse possession. First, land lasts for a very long time, and a sale is generally invalid unless the seller has valid title. That means that no property title is secure, ...


20

Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you the city/county laws regarding your particular residential zoning overlay, if city or state laws supersede county laws, and recent changes in law that might ...


15

Precedents And General Considerations There are cases of similar things happening in Protestant churches and it ends up being quite case by case fact specific with details of how title is held to property, the exact language of governance documents, since Protestant churches are organized at a governance level, and hold property titled in a variety of ways. ...


13

The government cannot seize property because a person residing at that property has a tax debt: the debtor has to have a legal interest in the property, which you say you don't have. The government can seize property under the practice of civil forfeiture, which is a legal dispute between law enforcement and property – the simplest way to put it is that the ...


11

Since the contingency is in the contract and has not been removed, if the purchase falls through due to not selling the existing property, they will get their earnest money back. That was the whole point of putting the contingency in the contract in the first place.


9

If I said that I wasn't paying, my SSI could be cut If you are telling SSI that you are paying rent so they give you more money, and you aren't paying rent, that's fraud. If you're filling out the form honestly, then your only obligation is to your parents. They are free to charge you or not charge you. Unless your name is on the mortgage, you have no ...


9

Is there a way for us to prevent the sale of the house until they have moved the fence? For example, it seems that filing suit against the current owners doesn't necessarily prevent the sale, and that the suit would be pointless after the sale is complete. You can't prevent the sale, but if you file suit to adjudicate the boundary dispute and file ...


9

It is unusual, but not unheard of, to do a quiet title action in connection with an arms length, non-related party sale of real estate. The far more customary practice is for the seller to do the quiet title action (at the seller's expense) if it is necessary for the seller to have what is called "marketable title" to the property, before it is ...


8

There's good information at https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy. There are several types of tenancy with different rules, but in all of them, the landlord has to give you a certain amount of notice to move out, and it has to give a specific date. "Three months from when a buyer is found" doesn't ...


8

Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The ...


8

I assume that the loan was legal, in light of rule changes pertaining to non-borrowing spouses. If so, there is really no recourse other than to repay the loan. This article explains the current options / restrictions in an understandable manner, but of course it is too late to do anything about it. If there was actually fraud or coercion in the loan, or if ...


8

In 1998, over half of the suits against brokers were for "misrepresentation." Misrepresentation occurs when the the buyer relies on some material representation by the agent that turns out to be false. Misrepresentations can unintended, negligent or fraudulent. In Lee v Bielefeld, the Court sided with a buyer who was mislead by a real estate agent ...


7

The distinction exists because land is special. There is only so much of it and the law encourages productive use of land. The nineteenth century ideology which nurtured adverse possession prioritized economic development. There's that and there's also the goal of avoiding stale claims. You can't sleep on your rights. We have similar rules for physical ...


7

Your question is addressed in the opening paragraph of Ballantine, Title by Adverse Possession 32:2 Harvard Law Review 135–159 (1918): Title by adverse possession sounds, at first blush, like title by theft or robbery, a primitive method of acquiring land without paying for it. When the novice is told that by the weight of authority not even good faith is a ...


7

Posting an answer to my own question here for future Googlers. I spoke to our agent, who indicated that there's actually a line in the contract that says the date of the expected contingency sale (August 1st), and that we have to receive a written notice of the sale not taking place within 3 days (which we did not receive). Contract Excerpt: If the ...


7

TL;DR: No. In the United States, schools tend to be funded by property taxes locally, occasionally with an added income tax. Those funds go to the schools' local taxing authority. That taxing authority may cover multiple schools. At minimum, it will almost certainly cover an elementary school and a high school, but it often covers multiple elementary ...


7

The one answerable question regards the legality of taking the damages out of the security deposit. Consulting the Ohio landlord-tenant law, the tenant has various obligations including to Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner ... Comply with the requirements imposed on tenants by all applicable ...


6

I am an Ontario-licensed lawyer. The following is a general information about the law and not specific legal advice. You are not my client and I have not given you advice related to your circumstances. First, even when you ask a generic question, define the jurisdiction of interest. For the purpose of your question, Canada is a collection of different ...


6

An appraisal is a professional opinion. As such, you can't sue someone for an appraisal and win, even if it is "low," unless the opinion clearly violated professional standards. There are three basic methods of appraising a house: 1) replacement cost 2) multiple of rent and 3) "comparables," that is, what do similar houses in the neighborhood cost. In an "...


6

We have made a complaint about this decision to the local administrative and highest courts of Finland. Both of these courts rejected our complaint (the highest court rejected our right to even file a complaint!) without even looking into the details of the matter at hand. Did you hire a lawyer? If the court rejected your complaint without even ...


6

Let me start by saying that real estate contracts are some of the most heavily regulated contracts and details vary enormously by jurisdiction. That said ... To vary a contract, the contract must actually contain provisions that allow for it to be varied and variations must be in accordance with those. These sorts of clauses are common in long-term ...


6

It would depend on jurisdiction. I can tell you that my home county of Montgomery County, Maryland has a complete ban on billboards that aren't store marquees. They waged a long legal battle to enforce it against the last grandfathered billboard owner. (They eventually settled by offering several prime bus shelter advertising spaces)


6

Who Owns The Bunker? Your relative obviously owns the cellar up to their land property boundary. The people who own the other land would have originally been the owners of that portion of the bunker, assuming that it was not permissive (if it was permissive, an easement by estoppel probably would have arisen). So, then the question is, whether the people ...


6

The overwhelming majority flats in England are leasehold, not freehold; older buildings typically have 80 or 100-year leases, newer buildings usually have 999-year leases. Therefore you are dealing with the freeholder as a landlord for the matters that a HOA would deal with in the US. Depending on your landlord you may want to reconsider your statement that ...


6

It is not legally reaching into a person's property if you post a sign on your property that can be seem from the person's property. If the fence is physically on / over your friend's property, the fence is encroaching and would be removable by legal means: a sign on the fence would encroach just as much as the fence does. Your friend can legally construct a ...


6

There isn't enough information to give a reliable answer in the abstract. It is a hard concept for lots of people to understand, but words don't have the same meaning in every context. Law is not physics or chemistry. Words that mean one thing in a particular instrument or statute could mean another thing somewhere else, even if exactly the same words are ...


6

What happens when a person dies intestate is that the court appoints someone to be the executor. That person is supposed to settle the decedent's debts, and divide the remainder equally among the siblings. It is virtually guaranteed that the mortgage-holder will get their share – you can't just sell a house with a mortgage and run. In the meantime, the ...


5

As has been alluded to money laundering is a generic term for the process by which criminals make the proceeds of crime appear to be legitimately obtained. Various jurisdictions have controls in place to identify suspicious transactions, however these are generally the responsibility of financial institutions to monitor and report - for example, many ...


5

According to the United States Treasury Department: Money laundering is the process of making illegally-gained proceeds (i.e. "dirty money") appear legal (i.e. "clean"). Typically, it involves three steps: placement, layering and integration. First, the illegitimate funds are furtively introduced into the legitimate financial system. Then, the money is ...


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