The Stack Overflow podcast is back! Listen to an interview with our new CEO.
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 ...


16

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, ...


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.


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 ...


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

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 ...


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

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 ...


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 ...


7

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 ...


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 the UK 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 ...


5

Joint tenancy (as opposed to tenancy in common) would accomplish all of these goals. Joint tenancy gives each individual the absolute right to occupy the property (each person owns the whole property). If one dies the property automatically passes to the other joint tenant(s), which is known legally as the right of survivorship. The child(ren) could never ...


5

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 ...


5

Yes, they can. There was a time when no warrant was required at all. There was a time when it was thought that the Fourth Amendment requirement for a search warrant only applied to criminal cases. It was expected that administrative and civil cases did not require a warrant. For example, in 1959 the U.S. Supreme Court ruled in Frank v. Maryland that the ...


5

Neighbors(including us) around the property started to mow the part in front of their yard(the weeds grew very high) and continue to do so(is it illegal for us to mow this overgrown land?). There are probably city codes around maintenance of lawns, cutting grass and clearing weeds. You should alert the relevant authorities and they will make sure that the ...


5

I am unfamiliar with a "perpetual contract" and that phase does not appear in any reported appellate court decision of the State of Oklahoma. However, usually unpaid utility bills do constitute a lien against the property that is enforceable against a subsequent purchaser, which has the same practical effect. This kind of obligation is also sometimes ...


5

Two factors are relevant. First, the language of the lease sometimes contains an abandonment clause that makes vacancy a default under the lease. This is common in a commercial lease, as vacancies can undermine the apparent viability of a strip mall or mall, but these provisions are less common in residential leases where the rent is current. Second, since ...


5

This answer assumes that your lease falls under the rent stabilization code, since rent control is quite rare these days. The large majority of rent-regulated apartment are rent stabilized. Who is correct? The truth lies somewhere in between. There is no automatic right to evict a tenant who has spent fewer than 183 days in a rent stabilized apartment, ...


5

If it looks like a gift and sounds like a gift and there is no evidence that it should not be considered a gift, well, what else could it be? Given the value of a house and depending on jurisdiction, there may be a gift tax involved. This is normally an obligation placed on the giver, not the receiver. It is unlikely to be a concern to you but a separate ...


5

Absent any new agreement with the tenant, a purchase is normally subject to any existing lease, so you would be renting to the existing tenant until that lease expires, under its original terms, with you having all the rights and duties under it that the previous owner had. In effect, by signing the purchase agreement, you accepted a version of the original ...


5

No "In writing" does not at all imply "written by hand". A typed or printed document is equally "in writing" and indeed is often preferred. These days an email or other electronic document is also considered to be "in writing", unless a contract specifies that notice must be made by postal mail, or some such requirement. If a document must be in writing and ...


Only top voted, non community-wiki answers of a minimum length are eligible