CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
“He’s such a nuisance, constantly drumming his fingers on the table like that!”
Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE that deliciously ambiguous word “reasonable”, because they can bill hour after billable hour arguing endlessly over what is “reasonable” under a given set of circumstances. In fact, you could probably boil all of law down to that one word – if it’s “reasonable” then you can do it, but if it’s not, then you can’t.
Unlike trespass law, nuisance is only actionable if you can show that the offending condition caused you actual harm. Note that “harm” is a quite flexible concept and commonly includes things like noise pollution (the loud rock ‘n roll blaring out of the apartment next door at all hours, for example). Smoke from a nearby factory can be a nuisance. So can foul odors, stadium lights left on at night, heat, dust, and many other things. On the other hand, some things are not nuisances. The fact that your neighbor’s house is an eyesore will not support a nuisance claim, because for some reason ugliness is not considered a nuisance (it might violate the rules of the neighborhood association though, if you live in one of those snooty upper-class developments). It has been recorded that Abraham Lincoln was once told by his neighbor that he was the ugliest man she had ever seen. When Lincoln noted that he couldn’t help it, the woman replied, “Yes, but you might stay indoors!” She wouldn’t have won a nuisance action against him.
What can you get if you win a lawsuit for nuisance? You can get damages or an injunction. Damages means money, and if the nuisance is continuing (if it will continue even after you win the case, as in the case of factory smoke, for example), you could end up with a fair chunk of change representing the reduction in the value of your property (or leasehold, if you are a renter). You might also get an injunction, subjecting the defendant to liability for contempt of court if he continues the offending activity.
Archive for August, 2009
Real Property Law: Nuisances
Saturday, August 29th, 2009Stepping Over the Threshold Into Comfortable Living: Searching for Asheville Real Estate
Friday, August 28th, 2009For those with visions of their “someday dream home” – take note: Don’t put it off any longer – the time is now! This is the perfect time for us to search for our dream homes – now that mortgage rates are lower than ever, home prices are lower than ever, and the real estate market is flooded with lovely Asheville homes for sale.
Even though we are experiencing a world economic crisis, there are many ways for anyone to find the perfect home. If you are in Asheville, North Carolina, be sure not to miss the most amazing real estate opportunities in many, many years. Knowing where to look for Asheville real estate is the secret to finding your dream home.
When you start to look at different areas of Buncombe County where you might like to live, begin with defining exactly what does and does not fit with your lifestyle and your plans for the future. Property is divided to several categories, single family residential properties, condos, town homes, farms, multi-family options and vacant land. Give consideration to size – how large does the property need to be? Deciding on the space you need before you even start looking for a home, will save you a lot of time.
Once you decide what your minimum requirements are, then you will want to begin looking for an Asheville real estate agent or company that can assist you with finding the most suitable homes for you. A reliable real estate agent can also help you define the locations that would be most suitable for you, based upon your preferences, and the possibilities. When employing the services of a realtor, remember to request all the information on the various properties you will be presented with. By doing so, you expand your options, and you will be able to choose a few gems from which you will make your final selection. Prudential Lifestyle Realty is an Asheville real estate company which deserves your serious consideration. They are an award-winning real estate agency, and their dream team will help you find the perfect property for your needs.
The next step when determining which real estate option is best, must be to determine the mortgage arrangements that will work best for your finances. At this point, you will need to work with a loan counselor that will present you with all of the available options and will help you stay within your budget. Making sure that you don’t choose a monthly payment that is too high for you, will at least lower the chances of your having financial difficulties in these tough times.
Whether you are a first time buyer or are looking to improve the lives of you and your family, you can easily begin by searching for Asheville real estate using Prudential Lifestyle Realty’s free MSL service, right on the front page of their web site!
Deciphering your needs first, and finding something wonderful that fits with your current budget, will allow you to make a decision that you will be more than comfortable with. You will be able to enjoy the warmth and comfort of a home that you truly love, for many years to come.
Women Drive Real Estate Purchases
Thursday, August 27th, 2009Women are working more, earning more and buying more than they ever did. Consequently, they have a significant influence on the American economy in general, and the real estate industry in particular.
The collective buying power of US women accounts for about 85 % of all consumer purchases. When it comes to purchasing patterns, women are estimated to make 94 % of home furnishings decisions, 91 % of new homes purchase decisions, and 89 % of travel decisions.
Women’s earnings have accelerated over the last few years and they have emerged as the Chief Purchasing Officers in their households. According to IRS data, women constitute 39 % of the top wealth holders in the country. This means about 2.5 million women possess a wealth of $4.2 trillion put together. Notably, the IRS estimates that by 2050, 42 % of these women will be single or widowed. The IRS further estimates that more wealth is bound to be accumulated among women.
Another growing trend that emerged in a December 2006 study by the National Association of Realtors (NAR) was that about 22 % of homes purchased between July 2005 and June 2006 were by single women who were in the 25 to 34 age range. Women accounted for a record number of 1.76 million home purchases (1 in every 5 homes), a significant increase from 14 % a decade ago. Women’s growing success in their careers, higher education, financial independence and a desire to build an early nest on their own, are some of the reasons that have spearheaded this home buying trend.
Among the vast demographic spectrum in the real estate industry, women have become a force to reckon with. Real estate agents are increasingly taking note of their female clients and the power they wield in home buying decisions. By the influence that they bring into play in home buying decisions, women form a significant and growing market that simply cannot be ignored.
If you are considering buying a home, condo, or any other real estate, be sure to seek out the services of a local real estate agent to guide you through this complex process.
Arizona Real Estate Listings and Phoenix Real Estate Listings
Thursday, August 27th, 2009There’s simply no denying the sheer popularity of the greater Phoenix, Arizona area. Phoenix real estate listings are widely popular and sought after by virtually thousands of people from around the country on a daily basis. Other Arizona real estate listings are garnering much traffic as well, and there really is no surprise as to why. Though Arizona was only the 48th state admitted to the Union, the state has experienced much growth and has seemingly made Phoenix the 5th largest city in the nation. Currently the 13th largest Metropolitan Statistical Area in the United States, Phoenix, Arizona is also the most populous city in Arizona as well as the state capital. But the city and state have much more to offer than sheer numbers.
Of all the growing locations in the southwest, Arizona offers some of the most appealing and sought after real estate in the United States. The year-round warm climate brings many outdoor activities and opportunities for patrons to enjoy rest and relaxation. Arizona real estate listings present numerous opportunities for interested visitors to make the state a more permanent vacation. Phoenix itself is a thriving metropolitan city and its economy continues to grow and flourish. The city has much to offer, including Luke Air Force Base and nationally renowned golf destinations. A lot of patrons find themselves in Phoenix to enjoy the dry climate and warm weather while other make an attempt to capture a glimmer of the old west. Lots of outdoor enthusiasts simply flock to enjoy breathtaking landscapes at any one of the surrounding state parks, including Camelback Mountain and Papago Park. Sports fans can also get their fill and take in any one of the major sporting events with professional teams like the Phoenix Suns, Arizona Diamondbacks and Arizona Cardinals. If relaxation is on your mind, the greater Phoenix area is home to some of the most accommodating spas and resorts found anywhere on the planet.
With so much to offer, it really is no surprise that so many individuals find themselves browsing through Phoenix real estate listings in search of their ideal setting. And not just Phoenix – Arizona real estate listings have become widely popular as well. From world-class golf opportunities to luxurious spas and vibrant nightlife, this southwestern gem definitely has much to offer. No matter what the allure might be, Arizona is truly a perfect location for seemingly anyone to call home.
County Property Taxes – Their 6 Uses
Thursday, August 27th, 2009County property taxes are often the highest among the taxes and that we surely dislike paying. This bill gives you good shock at times. This is because these taxes are indeed soaring high these days. However, they greatly vary as per the area you reside in and the state you live in.
I’m sure you wonder as to what is the need of this tax? Why do we pay it? Where is this money utilized?
Well, you would be glad to realize that a major portion of these taxes are stay right with in our local communities especially for our benefit. This money is diversified in fields like education, police & firefighting facilities, etc.
While some local city & county property taxes are given to the state, in almost all areas at least 90% property taxes paid by us remain local benefiting our community at large. Even in the state revenues, they just form a meager portion.
Given below are the most common uses of the county property taxes.
1. Schools
In a majority of areas across the nation, more than half of each Dollar paid as the County Property Tax is used to fund the local school district. In fact, this is the most important source of income for the local school districts in a number of states. These schools use the tax money to purchase books, to pay the salary of the staff & the teachers, for the maintenance of the school buildings & buses, etc.
2. Roads
The money paid as County Property tax is extensively used for the maintenance of roads. All sorts of minor repairs and other requisites like widening of the roads are taken care of in order to maintain the good working order.
3. Police and Fire Support
The city & county property taxes are also used as funds to pay the salaries of our sheriff. Also, in most cases, our local police officers and firefighters use this money to support the necessary infrastructure required for these services like the buildings and vehicles.
4. Public Libraries
It is a less known fact that libraries most oft are maintained by the county. Hence, the county property taxes are used primary funds for the building maintenance & staff salaries. Then of course, it is this money paid by the tax payers that is used to purchase new books for the library.
5. Hospitals
At times Government operated hospitals have to be closed due to losses. But it is always in the interest of the community to have a hospital close by in the vicinity itself. So the tax payers have to bare a certain amount for this facility. Some part of the county property tax that we pay goes to the hospitals that run in to losses in order to keep them afloat.
6. County Government
And, among the essential uses, county property tax funds the local county government. They use this money for the upkeep of the office space and to pay administrative salaries.
Now, the next time you use the community services, remember that it’s your money being used. It’s your civic duty to watch how each Dollar is being spent. Check the unnecessary spending. And, always remember that county property tax is the only tax that benefits you most individually.
Phuket Properties for sale in Thailand
Thursday, August 27th, 2009Purchase your Phuket double storey condominium, based right on the beach in Cape Panwa, the Southern part of Phuket.
Visite us at: Phuket Property Sale
Based in the sensational and privileged Cape Panwa, these {} are right on the beach. There are 3 villas / apartments / condos available in this project which was realized in July 2007. Each unit has 282 square metres living space over two floors with 3 bedrooms (all en-suite). For those who need additional beds, we are fit to convert the chill-out room into a fourth sleeping room.
Each room has stunning 180 degrees ocean panorama of the Andaman and its islands, and opens onto a huge patio on the living level and, onto a gorgeous balcony on the sleeping level.
With no roads to cross or busses to take, these villas are right on the beach. There is a individual eternity, 40 m, salt-water pool (not sea-water) surrounded by sun-beds and shade for those caring to take things light. All units have wireless internet access and are fully furnished and furnished. Each villa consists 3 double bedrooms, all en-suite. The master bedroom has a particularly deluxe bathroom with a large bath placed for you to enjoy the ocean panoramas. The outstanding modern kitchen is equipped with electrical appliances and high quality pots/pans and crockery/cutlery.
Every room is elegantly equipped; there is an airy and spacious living room fronting south and a dining area for 6 – 8 persons. In addition there is a chill-out room where you can use the cyberspace, lean back on a lounge and unlax or, play on the latest X-box technology. Alternatively this room can be changed to a fourth bedroom if wanted.
Both the living room and the master bedroom have 42 inch plasma Televisions with DVD players and satellite Television – there is a home theater in the living room.
You are just 15 mins away from Phuket Town and 35 mins away from Patong, so you won’t miss out on the night life still you can still soak up the local lifestyle.
Total relax in your tranquil surrounds, hearing the voice of waves breaking outside your villa and feeling the cooling breezes from the ocean. The view is simply impressive; wide-screen sea, island and mountain scenes can be enjoyed from every room.
The villa layout has a large open plan living area, dining area and kitchen, fully decorated with superior quality furniture. There are 3 & 4 bedroom villas with 4 bathrooms each.
Our 40 m salt-water swimming pool lies on the shore where charmed restaurants and beach bar are 2 mins walk away. And if you fancy a game of golf or a day at the health club, there are an abundance of options located near.
Visite us at: Properties Phuket
Invest in your Phuket / Thailand double levelstorey condominium, based right on the beach in Cape Panwa, the Southern part of Phuket island.
Property for Sale in Spain – Will the Sun Shine Soon?
Wednesday, August 26th, 2009Most people believe that property for sale in Spain is a difficult marketing campaign for Spanish real estate agents. If statistics are to be believed, research companies are saying that at least 50% of building companies are out of business because of a sluggish housing market performance. The house prices in Spain have fallen and even sharper declines are predicted. Investors, who until a few months ago were still thinking that the Spanish housing market would not burst, have been proven wrong. Spain, the land which was once the most undoubtedly preferred choice for second homes, especially among British buyers, is now suffering from downfall and desolation. No one at this stage would dare to be tempted by any available property for sale in Spain…or would they?
Amid the clouds of despair with the Spanish housing market, there is somebody who manages to disagree. Beatriz Corredor, Spain’s housing minister is of the opinion that the property market should recover by the second half of 2009. Therefore, this time should be treated as an opportunity in disguise, especially for those looking for bargains in the Spanish property market. But is that being said to try and boost the property market and the Spanish economy? After all, it was Spain’s booming property market that considerably contributed to the overall wealth of Spain.
Property veterans tend to disagree with the Spanish housing minister. A period of about three years has been estimated by the market gurus, for the Spanish property market to recover from the slump, and the recovery process is anticipated not to be an easy one. As the forecast for the Spanish property market is not bright, is there any point in still looking for property for sale in Spain? Yes. The Spanish housing market is currently facing a slump and that fact is not a secret. The credit crunch has hit the country, which includes an increase in fuel costs and an increase in inflation, but buying a property for sale in Spain is still a possibility. If you’re not looking to make a short term gain on the property and willing to research carefully for a property, then there are bargains to be found, for example; properties in Costa del Sol, Mallorca and even Barcelona are now becoming available with an affordable price tag.
Property for sale in Spain is also great if you are a cash buyer, and although the exchange rate against the pound is low, it is still worthwhile investing in a Spanish property. When you do find your property for sale in Spain, do take legal advice, ensure your lawyer is registered and is fluent in the language. Be aware that like in the UK there are extra costs involved in buying a property, for example; the buyer will be liable for a transfer tax (IVA) and stamp duty. To change the deeds of the property into your name will incur costs, and in total expect to pay an extra 10% of the purchase price.
When it comes to buying a property for sale in Spain, a seller of a second-hand home should provide various documents that includes; the title deed of the property, proof that community taxes are up to date, and real estate taxes have been paid. For a new property you will need some different documents that include; a deed of declaration of a new construction, an occupancy permit, and a certificate of rateable value of the property.
In conclusion, an initial glance of the Spanish property market doesn’t look rosy. However, good property for sale in Spain can be still be found if you take the time to research different Spanish regions.
A Guide to Going Bankrupt in Real Estate!
Wednesday, August 26th, 2009First off, watch some late night infomercials on TV. And possibly order some real estate tapes from Carlton Sheets. This will provide you with a positive upbeat attitude and a sense of false confidence that is essential in order to go bankrupt. Believe that after listening to some tapes, you can compete with people that have done this 7 days a week for years.
Second. For your first investment, buy in a city you know little to nothing about and avoid using a buyers agent who does know the city. Go directly to the sellers agent. The best way to make a truly horrible decision is to avoid any outside advice. The best part of this is that avoiding a buyers agent usually doesn’t save you any money since the selling agent simply makes more when you deal with them directly.
Look for a discount or a distressed property over a good long term investment. Late night infomercials and Carlton Sheets talk a lot about this. Getting equity at the point of sale. One thing about distressed properties with desperate sellers is that they frequently are in crappy areas with low appreciation rates. Buying a property at under market rate in an area with low appreciation potential versus a property in a good area is the kind of short sighted thinking that will really help you reach the goal of bankruptcy and foreclosure.
When you talk to people including your realtor, try to spend time talking about all the crap you learned from your book or light night infomercial. The more you listen to other people, the more you might get different perspectives and the higher chance you might learn new things. This could really hurt your chances of going bankrupt so avoid listening to anyone. Remember you know everything even if you only got interested in real estate last week.
Be positive to the point of stupidity. Alot of investors I know always think about how their situation would be affected by a 10 or 20 percent drop in the market before making a purchase. You should avoid this kind of thinking. You need to be blinded by greed. You should only fantasize about how you are going to double your money.
When calculating your monthly cashflow, assume that you will have 100% occupancy all the time and no maintenance cost. While you are at assume that its going to rain money tomorrow.
Also, be stubborn when renting your properties. Decide upon a number say $900 a month and refuse to budge. Come up with some bizarre logic about how the property deserves $900 a month. Lose months of rent having the property sit vacant instead of going down $50 on the rent. Instead of responding to the market make statements like “Well the markets wrong then”.
As you move closer to foreclosure, don’t alter your spending habits. Don’t move into a smaller house or cut spending. Act like nothing is wrong.
Overextend, overextend, overextend. Are you approved to buy one house. Why not buy 5, heck why not 20. Instead of building up a portfolio of properties over time, gaining experience along the way, just buy alot of properties next Tuesday.
Alot of people are getting into the foreclosure game. Their is no reason you should be left behind. Throwing caution to the wind and filling your eyes with greed and you should find yourself walking down the golden path to foreclosure.
This is not a definitive guide to foreclosure. Alot of people end up in foreclosure due to many things unforeseen events like unpreventable family illness, divorce or job loss. This is simply a guide to what I call elective foreclosure.
Myths About Real Estate Agents
Monday, August 24th, 2009There are some myths about real estate agents, many of which are not so flattering. But when it comes down to it, real estate agents are not too out there, and there is a logical explanation to each misconception. Let’s straighten out a couple myths and facts.
Myth #1: They have big hair.
Fact: Though occasionally real estate agents do have big hair, most are regular people who get up in the morning just like you do, and go to work just like you do. Many real estate agents, in fact, are going bald due to stress related hair loss. Same with the fancy dagger-shaped manicures; in actuality, many real estate agents have bitten their nails down to nubs.
Myth #2: Real Estate Agents drive luxury cars while talking on their cell phones.
Fact: Itâ??s true that real estate agents are often trying to do too many things at once, but they like to be careful about it. And though real estate agents would like to make a good impression on you, more often than not they drive Hondas and Toyotas and hope that their hard work will sell you, not their Lexus.
Myth #3: Real Estate Agents know your area.
Fact: Just like normal people, real estate agents canâ??t know everything. Though they do spend a lot of time driving around town, they canâ??t be in all places at once, and they themselves probably have preferences for one neighborhood versus another. Make it clear to your realtor what kind of area you want to live in, and they can help you look within that section of town.
Myth #4: Real Estate Agents live outside of time.
Fact: Real estate agents have lives too, and those lives happen to take place in the same physical realm as yours does. While it might seem like they spend a strangely disproportionate chunk of time speaking with you, they are actually trying to be as time-conscious as possible, so that you can move more quickly into your home and they can move more quickly to helping their next client.
Myth #5: Real Estate Agents just want your money.
Fact: What real estate agents actually want is an easy life. They want to help you find a home you love, and they want to make their (often small) bit of commission off of it (and thatâ??s off the sale, not out of your pocket). They do not want your soul or your firstborn, just some patience, consideration, and a positive home-buying experience for all.
Top 10 Tips to Vacating a Rented Property
Monday, August 24th, 2009Once you’ve given notice to terminate your tenancy, there are a number of steps you must follow before you vacate your rental property. If you want all your deposit monies back and/or be able to rent another property, follow our essential guide below.
1. Clear up any outstanding rental payments to the letting agent/landlord and ensure you receive any money they agreed to pay you (again best to have this in writing) eg money for repairs you carried out, re-decoration etc.
2. Make sure you cancel your rent payment in time and on the correct date as sometimes it can be hard and a lengthy process to get the monies back.
3. Discuss with your agent about cancelling utilities including gas, electricity, phone/internet/cable, water, TV licence and your council tax.
4. Ensure on the day you move that the meter readings (gas, electricity and water) are independently checked (you need to give 10 days’ notice).
5. Don’t forget to change your address for everyone! Use www.moveme.com for help.
6. Ensure your insurance will cover your items while they are being moved.
7. Set up your utilities and services in your next home (you may be able to transfer your TV licence).
8. Have all the keys ready to hand back to the agent/landlord on move out day. DO NOT give them to a new tenant yourself.
9. Keep hold of your tenancy agreement and paperwork until you have had your deposit returned in full.
10. Ask for a reference ‘to whom it may concern’ which states you were a good tenant and paid your bills on time.