Posts Tagged ‘law’

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An Encroachment By Any Other Name…Is Still an Encroachment

Wednesday, June 29th, 2011

When it comes to property, sometimes boundary line mix-ups happen. The initial land surveyor might have made a mistake. Maybe a boundary line was changed by water erosion. It’s also possible your neighbor was just plain being inattentive.

That misunderstandings happen may come as no surprise. What may be surprising, however, is just how many different types of encroachments exist. Some of them aren’t even physical manifestations. Read on.

The easiest way to describe an encroachment is that it is, quite simply, some kind of illegal intrusion onto property that belongs to someone else. Intrusions on highways or navigable rivers don’t even require actual obstructions. An intrusion that is simply illegal by nature is deemed adequate. For a street or highway, on the other hand, encroachments requires a fixture of some sort. Something as simple as even a wall or a fence is enough. All it takes for an encroachment to exist is an illegal intrusion or invasion of someone else’s property in some way.

Encroachment also brings up the additional legal issue of adverse possession. This term is the legal means by which someone can claim title to a parcel or portion of land to which they technically do not hold true title. Many factors need to be met in order to obtain title, or quiet title as most lawyers would say. This includes remaining in open, notorious, continuous and hostile possession of the piece of land in question for a specified statutory period. The length of time varies by state. If you do not want this occurring on your land, be sure to act quickly and effectively. It is sometimes wise also to seek the advice of a legal professional.

Another fact you may not know is that temporal encroachment also exists. As opposed to being a physical manifestation by way of a structural obstruction, temporal encroachment instead is an invasion on a person’s perception of time. Temporal encroachment sometimes also affects a person’s future actions. If you have a gossiping co-worker who likes to interfere with your work day, just tell them to stop temporally encroaching on your work the next time they do it. Check to see how they take that!

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Real Estate Zoning Laws Demystified

Tuesday, June 28th, 2011

Say you’re interested in purchasing a piece of land. You also need to be aware of different zoning laws in the area in which you plan to purchase your home, quite apart from simply knowing the ropes when it comes to the house-buying process. Restricting your ability to do certain things on the land or to use the land for specific purposes is what zoning laws do. The four most common zoning types you’ll come across are explained below.

The most important zoning laws to understand deal with the realm of residential zoning. If you want to purchase anything from a single family residence to a duplex to a condo, this is where these laws apply. With residential zoning laws, restrictions are often related to what type of structure you can place on a piece of land and how many structures are allowed in general. If you plan to keep farm animals on your property, these types of zoning laws will restriction the actual number you’re allowed to have. Home business owners must also take note of any relevant residential zoning laws that may apply in their specific situations.

Commercial zoning comes second. Contingencies upon what business use you plan to execute on the property are what this type of real estate zoning law covers. The number of business patrons you expect to see at any given time is also something regulated by this zoning type. Regular office buildings, malls, nightclubs, hotels, some warehouses, and some apartment complexes are all common types of business that fall under this type of zoning. Also falling under this designation is vacant land that has the potential for development.

Third is industrial zoning, laws that are specific to what type of business you plan to run. You’ll need to pay attention to factors considered environmental like noise with this type of zoning law. The location of your business from the edge of the property is also more severely restricted with industrial zoning laws.

Lastly, if you plan to run a farm, your property will fall under relevant agricultural zoning laws. These generally restrict density of development on the land, as well as non-farm uses on the property. There is often a large minimum lot size for the property required. Depending on the type of agricultural operation on the land, the lot size requirement might vary quite significantly. These zoning laws are in place to protect farming communities from becoming fragmented as a result of more residential development.

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The 411 on Contracts for Deed

Wednesday, June 22nd, 2011

Look no further than the contract for deed if you’re considering selling your home soon but are hoping to make a bit more of an immediate profit than what is traditionally made during the home selling process. Assuming you have the finances to pull it off, this legal real estate concept is a great way to achieve just that.

The contract for deed is also known as a land contract or an installment sale agreement. It is a contract entered into between the home seller and a buyer where you as the seller provide the financing to make it possible for the buyer to purchase the property. Essentially, you’re acting as the lender and providing funds for the buyer to purchase the home outright, whereas a bank or other type of lending institution would usually do this.

While the buyer is allowed to take actual possession of the property for every conceivable use except legal ownership, you as seller retain legal title to the property as a result. The agreed upon price of the property is paid in installments, just like a traditional mortgage. At a much closer time to the sale of the house than would otherwise be typical in a traditional mortgage, usually what happens is a balloon payment is required. Before the seller agrees to offer financing, the buyer is also often required to make a downpayment.

The reasons why someone would choose a contract for deed over a traditional mortgage are varied. Using it as a form of short-term seller financing is one of the most common reasons. The seller stands to benefit in the long run a lot quicker, since the purchase price must usually be paid in full many years earlier than it would be in a traditional mortgage. Not having to pay additional closing fees for a lending institution to investigate a potential buyer’s financial background before determining whether or not they will approve a home mortgage for them is another reason.

Since the rules about contracts for deed vary by state, make sure to understand the laws in your own jurisdiction before proceeding. If a seller both has the money and trusts the buyer in such a way, offering a contract for deed could pay off in more ways than one for a seller.

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The FHA: Protecting Buyers and Renters from Housing Discrimination Since 1968

Wednesday, June 22nd, 2011

So, you’re considering property, either to purchase or rent. Until the subject of your child comes up, everything might seem to be going well. Or maybe the subject of your unmarried partner comes up and the landlord or seller discovers you two plan to move into the new property together. Ethnicity, disability or religion are factors you can easily substitute into a similar scenario. At any rate, the landlord or seller subsequently ends up denying your offers, through no fault of yours or any proof that you’re unable to afford the property in question.

This is a situation where the Fair Housing Act, or FHA, can be applied. The 1960s ushered in the advent of federal fair housing laws in the United States. It’s logical that this was a time for the creation of progressive laws, since desegregation of racially-static neighborhoods was also taking place during this time.

1968 was the year the Fair Housing Act was written into law. Protection from a seller’s or landlord’s discrimination in the realm of house sales or rentals was its main purpose. As opposed to their personal background, the Act’s goal was primarily to create a housing market where the only factor that could restrict a buyer or renter from obtaining the dwelling place of their choice was lack of financial resources.

Race, color, religion and national origin where the only classes originally protected when the Fair Housing Act was first enacted. 1974 ushered in a person’s sex as a new protected class. Disability and the existence of children, as encompassed in familial status, were also added to the Act in 1988. Many states have looked to the Fair Housing Act to compose their own fair housing laws. Other states like California have made their fair housing laws even more inclusive by adding other classes like sexual orientation to the protected list.

A complaint needs to be filed with the Housing and Urban Development office (HUD), if you believe you have experienced housing discrimination. The Office of Fair Housing and Equal Opportunity (FHEO) investigates these complaints. FHEO will schedule a hearing before a HUD administrative law judge who will ultimately decide the case in question, if FHEO determines there is reasonable cause for the complaint.

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Are You Putting Your Property to its Highest and Best Use?

Saturday, June 4th, 2011

American law is where the highest and best use principle has its roots. Principles of real estate appraisal are also an area to which it relates. The value of your home is extrinsically linked to this principle, as well.

Also known as HBU, the highest and best use is considered to be a use that is reasonably probable that produces the highest value for your property. It is essentially a designation that identifies a piece of property that has the potential to have a higher value if it was used for a different purpose. In real estate appraisals specifically, a piece of property is assessed at its highest or best use in order to maximize its total value and also to increase the money ultimately made from it.

If you want to figure out a property’s highest and best use, you’ll have to run it through a series of tests. Sometimes varying, if you want to ensure your house meets its highest and best use, you must put it through tests to determine whether it is legally allowable, physically possible, financially feasible and maximally productive.

The only uses that are eligible to be highest and best uses, first and foremost, are those that can be allowed by law. If it is expressly forbidden by governmental regulations, prohibited by zoning or not allowed by deed or covenant restrictions, it is not a legally allowable use.

The second factor test determines a property’s eligibility by the property’s size, shape and terrain. If it would require a larger plot of land, for example, the highest and best use is not physically possible and does not meet this test. It would also fail this test if the highest and best use requires a flat piece of land and the land in question is mountainous.

Feasibility in a financial sense is also required for a property’s highest and best use as a third test. Enough revenue must be generated to justify things like construction costs and profit for the builder in order for any proposed highest and best use of a property to be financially feasible. The highest and best use would not be considered financially feasible if it would cost more to improve the property than the property could ever hope to earn in revenue.

The highest possible return must be created for the builder in order for the last highest and best use test to be met. The property might still only have one of those uses as its highest and best use, even if any type of residential or commercial property could feasibly be built on the property. It must meet all four of these tests for a highest and best use of a property to be unquestioned.

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Is it Even Worth it to Fight a Property Tax Assessment in the First Place?

Monday, May 30th, 2011

The market is not strong in this day and age. Homes are still losing their value quite rapidly, despite there being hope that in the near future market rates will increase with a strong economy. There is a silver lining, despite it being an unfortunate situation in the first place. You might have less property taxes to pay out each year if your property assessment is lowered due to a drop in home values.

What if you think your home has been assessed too high even still? Is fighting your property assessment even worth the trouble? It very well might be.

First, it is useful to understand how home values are assessed. Two of the most popular ways are with comparables and replacement or rebuilding value. Also known as “comps,” comparables are simply other homes in your neighborhood or the surrounding area that are similar to your home and have recently been sold. By noting how much each of these homes sold for, assessors are able to value your home accordingly. Replacement or rebuilding value is more like how a bank appraises your home based on how much they think the cost would be to replace it.

You must first build yourself a case for a lower property assessment if you believe your home was valued too high. If you meet with an assessor and inform him or her of your believe that you were assessed too high, you’re part of the way there already. Your next step is to file an appeal. You should note any time limit for filing an appeal, since most locations have them. Be sure to check what the actual time limit is where you live so you don’t miss your opportunity, but 60 days tends to be about average. You will go through an appeal board and given an eight to ten minute presentation during the appeal. Bring as much evidence as you can, including pictures with comps, and all the data you have that supports your case, like floor plans for the comps you’ve researched.

Other options do exist, but if you do your research and file an appeal, that tends to be the easiest way to fight your property tax assessment. You should dress to impress, act professionally and ensure your presentation is clear and concise. Your chances are good if you make sure to do some research. If you have, all the effort and time you’ve put in it fighting your assessment should pay off by a reduction in your annual property taxes.

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Tampa Personal Injury Lawyer – Offering Solutions To All Your Legal Concern

Saturday, November 13th, 2010

People nowadays hire the services of Tampa Personal Injury Lawyer to handle all their personal injury legal needs. You don’t need to wait for the accident to happen to you and to your loved one to know the steps you need to protect your legal rights when an accident happened. It will be more frustrating once you suffered from physical injury and that will greatly affects your financial capabilities. For minor injuries, it is alright if the person chose to settle it amicably and just receive the required compensation to the extent of hospital and medical benefits. But this is not fine when you suffered from a major injury that will lead you to permanent disability.

What are the benefits of getting the services of a personal injury lawyer?

Your first move after the injury is to find a Tampa personal injury lawyer to help you address all your legal requirements. You will need someone to represent your interest and protect you from further losses. Your lawyer will guide you on every step you need to take once you decided to bring it on court. He or she will talk about your legal rights and all your privileges, may it be past, present and future. You need to confer to your lawyer every details of the incident.

Legal proceeding usually takes time to finish and will require patience and perseverance to end it successfully. You are therefore required to have a constant communication with Tampa Personal Injury Lawyer so that you are aware for every developments of the process and give all the necessary supports that may be needed. As the case progresses, your lawyer may be requiring you for additional tasks and preparations. Remember that your commitment and cooperation is necessary to end the case and have a successful result. Do not be discouraged, your lawyer is there to protect your interests.

Your personal injury lawyer will require your constant communication and cooperation throughout the process. Everything related to the accident may be a great help for him to win your case. It is important that you keep everything and note down all the circumstances that happened during the incident. Make sure that you keep all the important photos of the accidents, including the photos of your injury and of your property. It is also important that you have the contact information of all your witnesses, their testimonies are important to win your case.

The Tampa personal injury lawyer responsibility is to ensure that you are well informed of your legal rights. You will not be easily persuaded by the attorney of the responsible party once you will be offered an amicable settlement that will deprive you of some future benefits when you win your claims. It is a usual practice for a lawyer of the offending party to tempt you to accept their terms to compensate all the losses attached to hospitalization and medicines only. Once you get swayed with the offer you will lose all other benefits that may arise from winning the case.

Never write a statement to any person who contacts you about the incident. Refer them to your personal injury lawyer to guide you and instruct you on what to do. Make sure that you get all the contact information of that person and let your lawyer contact them for you. Do not throw anything away; everything related to your incident may be of great help for the case. Lastly, do not get discouraged, your Tampa personal injury lawyer will there to help you.

Getting the best lawyer is demanding, so for all your legal cases contact a Tampa personal injury lawyer because Tampa attorneys are experienced in handling various cases.

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Low Interest Debt Consolidation Loans

Tuesday, November 9th, 2010

Are you looking for a low interest debt consolidation loan? If you have bad credit, you may feel the quest is hopeless. A low interest debt consolidation loan is a loan that assists a person reduce his debt repayments by lumping all debts into one, which might go on for longer, but which will require lower repayment installments.

The disadvantage is that occasionally the debt consolidation schemes might cause your total debt to go up by a few hundred dollars because of additional arrangement and cancellation fees. It will also mean that it will take longer to repay your debts.

These schemes will also add one-off-fees, management charges and interest, which is quite normal, but it can feel as if you are starting all over again.

However, it is better to begin again in the correct manner, knowing that the repayments are affordable than to struggle on with the fear that one day you will not be able to meet all your financial responsibilities.

It is also far simpler to pay one bill per month than many and, if the worst comes to the worst, it is far easier to renegotiate a loan with one lender than it is with several.

Many a low interest debt consolidation loan requires collateral before approval is granted for the loan. In this event, you want to be careful of what collateral is expected of you, since some loans might require that you put your home as collateral. If you cannot repay the debt, then the lender will repossess your home and put you out on the street.

Most people would not like to risk this, but, if you have other quality collateral, it may be in your best interest to take the gamble if it represents a sound way out of debt.

A low interest debt consolidation loan has a rate of interest attached to it. This means that you will pay the interest rate and the monthly installment toward the amount owed. The advantage of a low interest debt consolidation loan is that it presents a way to get out of debt. Therefore, you ought to look for a low interest debt consolidation loan that has a low rate of interest and low monthly repayments.

How should you go about looking for a low interest debt consolidation loan? To begin with, you ought to steer clear of advertising that prattles on about low interest debt consolidation loans, since most of the scams are devised to draw in candidates who are less knowledgeable about low interest debt consolidation loan procedures.

So, once the low interest debt consolidation loan has been approved, you will observe that the rate of interest is higher than for regular loans. This is because you have already proved yourself to be a bad credit risk and they are hoping that you will be willing to pay for doing wrong. Therefore, instead of going on line and looking for a loan, you might want to check with the local banks first.

If the banks cannot offer you a low interest debt consolidation loan, then ask for suggestions from family members and friends you have confidence in. You could also go to a Citizens’ Advice Bureau, if you do not want your friends to know that you are undergoing financial hardship.

If you have fallen on hard times and are thinking about a Low Interest Debt Consolidation Loan, please go along to our website at Debt Consolidation and Reduction

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Tampa Injury Law Firm: For All Your Expert Legal Support Concerns

Saturday, November 6th, 2010

Everybody should take responsibility not to inflict physical injuries to others because it may result to legal proceedings and approaching Tampa injury law firm can definitely shed light on this matter. It is never an option to leave victims in vain because defendant has moral and financial obligations that must be given to the aggrieved party. If the latter refuses to follow then it is a must to ask for settlement claims in court. It is every person’s right to receive benefits claims due to the carelessness and responsibilities of other people. Someone has to face charges and personal injury lawyers make sure that due process of law is being implemented to both parties.

Tampa injury law firm composes of well trained and skilled lawyers to handle personal injury litigation cases, who would like to give justice to the injured victims and assuring them that the law will be duly implemented to both parties. People can be so insensitive and heartless at times inflicting damage to others and it is for this reason that hiring the services of personal injury attorneys is necessary. While you may think about spending so much on the would be legal expenses once the litigation case against your employer or the insurance agencies started, don’t worry about it yet because you will only be charged after you won you the case and received the claims already. A certain portion of that will go to the law firm that handles your case well.

Despite the negative feedbacks about having a lawyer to represent you in court, one should know the advantage of asking the help of Tampa injury law firm. Oftentimes it’s the monetary charges that get the down but with personal injury attorneys, no initial fee is being collected. This law firm you contracted will only get a certain percentage of your claims once you get it too. The aggrieved party must file the complaint as soon as the person is still sustaining all the injuries because the investigation will based its findings on this matter. Furnish your lawyers with the medical reports because this is your evidence that indeed you are hurt in the incident. Failure to do so would mean a weak case unless you have also with police reports and you have witnesses when the incident happened.

Tampa injury law firm has the best team of legal experts as well as private investigators who can help you to uphold your basic rights of getting compensated. These lawyers have already handled so many cases such as yours and have so far favored by the court regarding claims settlement. It’s just that as part of their investigation process you need to fill up some forms stating your personal circumstances and accident details as well.

The outcome of your case depends so much on the cooperation of the victims and the available documents to support the claims. It is always safe to work closely with your personal injury attorneys for that matter. Tampa injury law firm has the expertise to make sure that you are being legally represented and that positive results will be achieved after.

If you are facing personal injury claims or other lawsuits, you need to go to Tampa Injury Law Firm for professional legal services.

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Tampa Injury Attorneys – Providing Answers To Your Legal Problems

Sunday, October 31st, 2010

Accidents do happen on our day to day life, you may hear it from news, from friends, from office workers and from neighbors and so we need the services of Tampa injury attorneys to guide us and protect our legal privileges. We need to safeguard our hard earned resources before it turned into waste. Nobody wants to have a miserable life after an incident that we never planned to happen. Aside from coping with the emotional trauma, physical damage and financial loss it is important that we have someone who will take care of all our legal needs. So better be ready now than be too late.

Who is the right person to call for your legal needs?

To win a case will mean presenting all the required information for your claims. You will need the service of Tampa Injury Attorneys to take care of everything. He or she will discuss to you all your rights and privileges. Your attorney will ensure you for the recovery of all your losses and receive all other benefits. Your lawyer will represent on your behalf for every trials, hearing and mediation. Since the legal procedure is a long process, you will need to keep a constant communication with your attorney. One of the techniques of the attorney of the offending party is to persuade you to give up the case. Even how enticing the proposal is, you will not benefit from it in the long run since it will only be for a short term basis Before signing any waiver makes sure that you consulted your lawyer about this to avoid future regrets.

The responsibility of Tampa Injury Attorneys is to protect you from further losses. As you see, if you accepted the offer of the attorney of the responsible party you will only receive is meager benefits. The liability of the offending party is not limited to your hospitalization expenses but also your claims for financial losses resulted from that incident. If you had permanent disability due to work related accident you are also entitled for physical therapy and medicines.

Responsibility of the lawyer

Make sure also that you obtain the name and contact information of your witnesses. Keep a list of the employees, supervisors or staffs at work, who can confirm on what really transpired. These documents may be helpful to the Tampa Injury Attorneys as they begin to represent your claim. As your case moves toward the resolution, mediation or trial, your lawyer might require you for additional tasks and preparation.

One of the jobs of Tampa Injury Attorneys is to protect you and guide you for any bait. You might receive a call from other person requesting you to give a written or oral testimonial regarding the accident or your case. Always get the details of that person and let your lawyer know about this. It may be that someone will try to offer you for amicable settlement that will deprive you from any other benefits when you win your case. So it is important that everything is passed on to Tampa Injury Attorney so that you’re past, present and future benefits are protected.

If you are encountering personal injury claims or other legal concerns, you need to contact Tampa Injury Attorneys for professional legal services.

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