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Questions tagged [real-property]

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4 votes
0 answers
87 views

(NJ) Can somebody be bound to a contract by not opting out? [closed]

I am dealing with a situation where I was charged several years for an HVAC service contract that the prior owner of my home had with a company. There was time left on the contract for the year we ...
Anonymouse123's user avatar
1 vote
1 answer
573 views

Real estate verbal acceptance

In real estate, if a seller says, he will accept an offer before signing it and multiple offers come in after, Can he accept a different offer?
Kimberley Sewell's user avatar
2 votes
1 answer
118 views

Why might a court not be allowed to order the sale of home owned by a tenancy of the entirety?

I am reading a case from 1978, Kahn v. Kahn, in which the Court of Appeals in New York debated whether it had the authority to order the sale a couple's home during divorce proceedings. The principal ...
lgshost's user avatar
  • 331
14 votes
1 answer
6k views

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

An American citizen died in the Dominican Republic 15 years ago without a will. His last address was in the DR. We recently learned he owns property in Italy (he was born there and inherited his ...
Linda's user avatar
  • 143
3 votes
0 answers
69 views

Are Arab Israelis permitted to purchase land in the West Bank?

It seems that Palestinian land laws prohibit Palestinians from selling any Palestinian-owned lands to "any man or judicial body corporation of Israeli citizenship, living in Israel or acting on ...
dotancohen's user avatar
1 vote
2 answers
139 views

Basis of real property ownership in civil law and non-Anglosphere countries

In England and perhaps other common law jurisdictions, property ownership is governed by the feudal remnant called "tenure", whereby what is commonly called "owning" is actually a &...
gast's user avatar
  • 63
0 votes
1 answer
306 views

Child support question

I have a house that was inherited but I owe child support, but it’s not just inherit to me, it was also inherited to my sister my mom left it to both of her kids which is me and my sister my sister ...
John Tucker's user avatar
0 votes
2 answers
126 views

Sham gift scheme to evade foreign buyer tax

Reading the National party's intention to impose 15% tax on foreigners buying property in New Zealand, I wonder if the following scheme could well flourish if that plan came to reality. Say Yáng, a ...
Greendrake's user avatar
  • 27.8k
3 votes
2 answers
217 views

What is a "strata lot"?

In relation to real property, what is a "strata lot"?
Jen's user avatar
  • 61.4k
1 vote
2 answers
190 views

How long do restrictive covenants apply on property willed to the state?

If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? Assume the state accepts ...
Evan Carroll's user avatar
  • 2,189
7 votes
3 answers
2k views

Made aware of a utility easement a year on

Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction ...
Sarah's user avatar
  • 89
4 votes
1 answer
2k views

Adverse possession between new owners

I purchased my property in 2016. My current neighbor purchased his in 2019. The current fence between our properties had been installed some time ago, presumably by the respective previous owners. I ...
ssm's user avatar
  • 141
2 votes
1 answer
141 views

If a rift expands the surface of one's land (e.g., resulting from an earthquake), who owns the new land?

Looking at the geological pictures of the 2023 Turkey–Syria earthquake made me wonder: If a rift expands the surface of one's land, who owns the new land (i.e., the rift)? I'm mostly interested in the ...
Franck Dernoncourt's user avatar
2 votes
5 answers
519 views

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

I tried to enter a shop that closes at 11 p.m. in France, at 10:30 p.m., and the store security guard prevented me from entering. Does he have the right to? If not, what could I do to go in? What do ...
Mathieu Nightown's user avatar
0 votes
1 answer
140 views

Can someone tell me what this document is saying?

Context: I purchased some land and paid cash for it in full and owned it without any kind of lien. We then proceeded to begin the process of building a house. Secured a builder and a construction loan....
Patrick's user avatar
13 votes
2 answers
4k views

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

I purchased a 110 year old house 18 months ago and am living in it. At the time of sale I waived inspection and did As-Is based on two factors: a 3rd party inspection was provided to me from buyer ...
J.Xander's user avatar
  • 131
2 votes
1 answer
136 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 ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
112 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?
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
75 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 ...
ylluminate's user avatar
1 vote
1 answer
55 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 ...
mreff555's user avatar
  • 165
0 votes
2 answers
68 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 (...
user avatar
1 vote
1 answer
244 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, ...
maplemale's user avatar
  • 355
2 votes
1 answer
310 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 ...
Everyone's user avatar
  • 377
1 vote
1 answer
245 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 ...
kisspuska's user avatar
  • 3,934
1 vote
0 answers
33 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 ...
Catiger3331's user avatar
1 vote
1 answer
182 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 ...
Stilez's user avatar
  • 3,189
3 votes
0 answers
165 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 ...
LeanMan's user avatar
  • 319
0 votes
1 answer
121 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 ...
WestCoastProjects's user avatar
1 vote
1 answer
148 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 ...
Zuzlx's user avatar
  • 121
1 vote
2 answers
224 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 ...
Samuel Muldoon's user avatar

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