General Property Ownership
What is property ownership?
Legal right to possession, use, and dispose of land or property.
Types of property ownership
Sole ownership, joint tenancy, tenancy in common, community property, and tenancy by the entirety.
What is a title deed?
A legal document proving ownership of property.
What is freehold and leasehold property?
Freehold provides full ownership. Leasehold is a right given for a stipulated period of time.
Also read:
- https://truelegalexpert.com/40-detailed-faqs-on-property-law-for-legal-and-real-estate-issues/
- https://truelegalexpert.com/20-essential-questions-about-property-law-explained/
- https://truelegalexpert.com/25-property-law-faqs-for-buyers-sellers-and-landlords/
What is adverse possession?
The process by which a person can acquire land through continuous, open, and hostile occupation.
Property Disputes
What are some of the common reasons for property disputes?
Boundary disputes, co-ownership disputes, inheritance disputes, and unclear titles.
How can the boundaries of a property be ascertained?
Through land surveys, title deeds, and records from the local government.
What is a quitclaim deed?
A legal instrument transferring ownership with no warranties regarding clear title.
What is an easement?
A right of one party to use another’s land for a particular purpose, such as access.
What happens if a property is encroached upon?
Legal action may be taken to either resolve or remove the encroachment.
Co-Ownership and Partition
What is joint tenancy?
A type of co-ownership with equal shares and rights of survivorship.
Can co-owners sell property without consent?
Generally, all co-owners must agree unless otherwise stipulated.
What is a partition suit?
A lawsuit to partition co-owned property.
How does a co-owner partition property?
Through a will, trust, or local intestacy laws.
Can a co-owner be compelled to sell their interest?
Yes, via a legal procedure such as partition or buyout.
Legal and Financial
What is a lien on a property?
A court order placed on a property for the payment of debt.
What is the function of title insurance?
It covers buyers from issues or claims about the title.
How are property taxes determined?
By the assessed value of property and the local tax rate.
What is eminent domain?
The government’s power to take private property for public use, compensating the owner.
What is a zoning dispute?
A land-use restriction placed by the local government and a dispute over it.
Tenant and Landlord Issues
What rights does a tenant have in a dispute?
Rights vary based on lease agreements and local law but typically include habitability and privacy.
Can a landlord legally evict a tenant for no reason?
Usually, no; notice and process must be followed.
What is a lease?
A contractual agreement between the landlord and the tenant that lists the terms.
How can disputes over rent be settled?
By mediation, arbitration, or in court.
Can a tenant claim ownership of property rented from someone else?
Not without acquiring a legal interest through transfer, in rare circumstances, or by adverse possession.
How can title disputes be resolved?
Through title searches, legal advice, or court rulings.
What is the statute of limitations for property disputes?
It varies by jurisdiction and type of dispute.
Can a verbal agreement hold in a property dispute?
Usually not; written agreements are preferred and enforceable.
What steps should be taken in a property dispute?
Collect evidence, seek legal advice, negotiate, and file a lawsuit if necessary.