attorney who deal with personnel property

by Berenice Corkery 8 min read

A personal property attorney can represent you in a dispute over some transfer of moveable property, such as a car, a piece of furniture, or even stocks and bonds. This differs from real estate (which is “immovable” property), and intellectual property.Mar 23, 2022

Full Answer

How do I find a lawyer for a personal property law case?

Additionally, should you require assistance with a legal matter pertaining to personal property, you can find an attorney in your area by visiting our Law Firms page. Is My Trademark Available for Registration?

How can a local real estate attorney help you?

A local real estate attorney can talk through the situation with you, research the public records regarding the property, and give you the best advice on how this affects your property and the best way to move forward.

What is a personal property called?

Personal property may also be called personal effects or movable property. Property law is an important legal arrangement that protects individuals or legal entities that own personal or fixed property. It deals with the right to purchase, use, and control their personal and immovable property.

Do I need a lawyer to resolve a property dispute?

Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute. Regardless of who the parties are, or what types of legal issues are involved, the help of a lawyer is indispensable for these types of cases.

What does a personal property attorney do?

What should I expect when working with a personal property attorney?

What to do if you are confused about property transfer?

Is Rocket Lawyer a lawyer?

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What is the difference between personal property and real property?

In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.

What Happens to Real Property During a Divorce?

In comparison, real property can be difficult to “divide”.

What is “Real Property”?

Property laws make distinctions between two main types of property: “real property” and “personal property”. These classifications have many implications, legally speaking.

What is considered separate property?

In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.

What is trespassing in real estate?

Trespassing occurs when a person enters another person’s land or real property unlawfully and without their permission. Trespassing can also involve other issues, such as interfering with another’s ability to use their property, or when a person remains on property without permission.

What is intellectual property?

For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.

What is tangible property?

Tangible personal property includes items that can be physically handled, like jewelry, clothes, electronics, etc. Intangible property are assets that can’t be handled, like stocks or bank account amounts . So, as you can see, there will be major differences with regard to laws covering real and personal property.

Who Can Be Involved in a Property Dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve:

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

Can a court order a judicial sale of a home?

In some cases, the court may use a judicial sale of the property to remedy the situation. This is most common in foreclosure situations, where a homeowner has failed to make mortgage payments.

What is personal property?

Personal Property, also called "movable property," "personalty," "movables," or "chattels," include virtually any form of property other than real estate. The distinguishing characteristic between real and personal property is that, in most instances, the personal property is transportable, such as vehicles, furniture, electronics, boats, cars, ...

Who stole the proofpoint trade secrets?

A California jury has found Vade Secure and its Chief Technology Officer Olivier Lemarie guilty of stealing trade secrets from competitor Proofpoint, awarding $14 million in damages against the French company.

What is intangible property?

Intangible personal property (or "intangibles") are, as the name implies, things that cannot actually be moved, touched, or felt, but instead represents something of value. A few examples include negotiable instruments, securities, and other types of investments.

Is personal property a legal distinction?

Another important distinction is the difference between personal and private property. Private property is less a legal distinction and more a social one . If something is intended only for the use of a single individual or small group of individuals, one might refer to it as "private property." However, despite the similar sounding name, personal property is not necessarily private. Personal property, legally speaking, only differentiates a piece of property as being something that is movable versus the fixed nature of real property.

What is property law?

Property law is that area of the law dealing with the right of use, control, and disposition which one may lawfully exercise over things, objects, or land. Immovable Property. Immovable or fixed property includes land and things permanently attached to the land. Anything that is not real property is termed personal property.

What are some examples of personal property?

Cars, bank accounts, wages, a small business, furniture, insurance policies, jewellery, patents, pets and season rugby tickets are all examples of personal property. Personal property may also be called personal effects or movable property. Property law is an important legal arrangement that protects individuals or legal entities ...

What is POA in real estate?

In real estate, POA of property may be used by individuals who are selling a home but are living overseas and unable to be present during the sale. Assets like real estate, stocks, bonds, and bank accounts owned by a principal are included under power of attorney of property.

When is a power of attorney granted?

The continuing power of attorney of property is often granted when the principal has reached a stage when they no longer possess the long-term capacity to make and enact their own decisions. There are other instances when power of attorney of property might be conferred.

How old do you have to be to get a power of attorney?

To grant power of attorney of property, the principal must be at least 18 years old, be in full control of their mental faculties, understanding of the value of assets being put into the agent’s care, and be aware of the authority being granted to the agent.

How many witnesses are needed to sign a power of attorney?

For power of attorney of property to be invoked and valid, two witnesses must be present at the signing of the document.

Can an agent bestow control to another person?

Bestowing such control to another individual comes with an expectation that the agent will act according to the instructions and best interests of the principal. There is no guarantee beyond the terms stated in the document to ensure that those wishes will be honored.

What does a personal property attorney do?

A personal property attorney can represent you in a dispute over some transfer of moveable property, such as a car, a piece of furniture, or even stocks and bonds .

What should I expect when working with a personal property attorney?

You should expect to settle any confusion over ownership. Negotiations or court might decide that you own the property, so you’ll either be able to keep the item or be compensated for it. If it’s decided that the item doesn’t belong to you, you’ll either need to give up the item or pay for it. A personal property attorney will know the best course of action for you so that you can resolve any disputes over ownership.

What to do if you are confused about property transfer?

If you’re confused about any laws regarding property transfer, a personal property attorney can help explain what you need to do or guide you through the process of any paperwork or court dates you need to go through.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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