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41 votes
Accepted

Copyright a Land Feature?

Who knows. It doesn't matter. 17 USC 102 lists the kinds of things protectable by copyright under US law. These are: (1) literary works; (2) musical works, including any accompanying words; (3) ...
David Siegel's user avatar
34 votes
Accepted

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

Neither the Dominican Republic, whose legal system is modeled on Spanish law, nor Italy, have a common law style probate system. The affairs of a decedent (i.e. someone who has died) are generally ...
ohwilleke's user avatar
  • 221k
24 votes

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

Do I have recourse against seller? Is the seller liable or obligated to disclose this and if so what are my options? Probably not. The general rule is that you accept any condition which could be ...
ohwilleke's user avatar
  • 221k
20 votes
Accepted

Is it legal to put a billboard on residential property?

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 ...
BlueDogRanch's user avatar
  • 18.9k
10 votes

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

It means what it says The person who owns the land has a right to a seat in the parish church and, if there are not enough seats then they get one and other people have to stand. This is all pretty ...
Dale M's user avatar
  • 213k
10 votes
Accepted

Force neighbor to resolve property line encroachment before selling house

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 ...
ohwilleke's user avatar
  • 221k
10 votes

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

The disclosure law for Oregon is here: it says what you must disclose. It covers questions such as whether the seller has authority to sell the property, where the water comes from, info on ...
user6726's user avatar
  • 215k
10 votes

Made aware of a utility easement a year on

While this question was initially posed as a request for legal advice, I've stated some general principles of this kind of situation generically. You are deemed to have "constructive notice" ...
ohwilleke's user avatar
  • 221k
6 votes

Is it legal to put a billboard on residential property?

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 ...
pboss3010's user avatar
  • 820
5 votes

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

I do not know the particular legal environment in France, but in general the shop is private property and the owner decides who may enter and who may not. You have no right as such to enter somebody ...
Joey's user avatar
  • 185
5 votes

Made aware of a utility easement a year on

Sewers have statutory easements new-south-wales That is, wherever the sewer lies, it has an easement that doesn't have to be registered. This does not apply to drains. A sewer is a pipe or conduit for ...
Dale M's user avatar
  • 213k
5 votes

Real estate verbal acceptance

Yes common-law Unlike contracts for chattels or services, real estate contracts are not binding until they are reduced to writing and signed by both parties. With some additional complications for ...
Dale M's user avatar
  • 213k
4 votes
Accepted

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

You did not specify a country or the specific contracts that might rule your condominium. At least in some jurisdictions indeed the repair cost of private portions cannot be shared. Moreover, you may ...
Ángel's user avatar
  • 786
4 votes
Accepted

Who is responsible for the bull's damage?

Rob is responsible. No Bull! Around the world, the law of wandering cattle depends on the details. New Zealand is no different. This case is covered by s 26 of the Impounding Act of 1955, Damages for ...
Just a guy's user avatar
  • 8,428
4 votes
Accepted

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

The mortgage is part of the title on the land new-south-wales First, a mortgage is a right given to a mortgagee to seize and sell the land if obligations under another contract are not fulfilled. ...
Dale M's user avatar
  • 213k
4 votes

Copyright a Land Feature?

Now wait just a danged minute. Isn't this simply a joke sign? Read what it says: Photos and videos . . . may not be . . . published [etc] . . . without the permission of the owner. . . The sign ...
MTA's user avatar
  • 1,448
4 votes

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

This is a live political issue. Currently, the various datasets are incomplete and have known accuracy issues. Considering a particular parcel of land: It might not be in the Land Registry at all. ...
terps8's user avatar
  • 271
4 votes
Accepted

Can someone tell me what this document is saying?

The document involves the bank cancelling the deed of trust (i.e. basically the mortgage) that you gave to the bank for the loan, because it was paid in full. In a deed of trust, the legal fiction is ...
ohwilleke's user avatar
  • 221k
4 votes

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

The store can set its "opening times" any way it likes. To avoid employees having to work too long, it is not uncommon that tills are closed at closing time, so you come too late, you can't ...
gnasher729's user avatar
  • 34.3k
4 votes
Accepted

Sham gift scheme to evade foreign buyer tax

The tax you have described has not been implemented, so we can't look to the law imposing it for specific anti-avoidance provisions. However, since gifts are not taxable as income, sham gifts are an ...
sjy's user avatar
  • 9,296
4 votes

Child support question

A judgment lien for child support would attach to your interest in the house, but not to your sister's interest in the house. Your interest in the house could still be foreclosed upon, but the ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Real estate law omission of important disclosure

It depends on what state this is. In Washington state, there is a form that sellers must fill out, and section 3 addresses sewer connections. This matter could have been disclosed – the allowed ...
user6726's user avatar
  • 215k
3 votes
Accepted

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

One widely-used book on the topic is Brown's Boundary Control and Legal Principles. I have the 4th edition published in 1995, and the relevant chapter is 8, "Locating Easements and Reversions". The ...
Gerard Ashton's user avatar
3 votes

Considerations other than the offer in a real estate bidding war

The attorney's responsibility is framed in terms of the interest of the client, which is not always money. If the trust has some social agenda, that rather than the dollar amount would be the attorney'...
user6726's user avatar
  • 215k
3 votes

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

Does he have the right to? Maybe, depending on the meaning of "right", and if he (or the store) can invoke a legitimate reason (or such a reason can be presumed from the circumstances). ...
xngtng's user avatar
  • 6,188
3 votes

Adverse possession between new owners

united-states Can the current owner make a successful claim of adverse possession on the fact that the fence likely existing like this for more than 15 years between the previous owners? Yes. This ...
ohwilleke's user avatar
  • 221k
2 votes

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

Is this kind of rule illegal, can I contest it in court, or do towns have the right to make arbitrary or pointless zoning restrictions at their whim? This kind of rule is completely legal. You ...
ohwilleke's user avatar
  • 221k
2 votes

Force neighbor to resolve property line encroachment before selling house

Your neighbor's fence encroaches (not trespasses) on your property, so the first stem would be for you to write a demand letter where you state what the encroachment is and what reason you have for ...
user6726's user avatar
  • 215k

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