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Each U.S. state has a recording act, a statute which dictates the legal procedure by which an individual claiming an interest in real property (real estate) formally establishes their claim to that property. The recordation of property rights becomes particularly significant where an unscrupulous dealer in land purports to sell the same tract ...
The term statute of frauds comes from the Statute of Frauds, an act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins [2] and passed by the Cavalier Parliament), the long title of which is: An Act for Prevention of Frauds and Perjuries.
The rule against perpetuities is a common law rule that limits the duration of legal interests in property to 21 years after the death of a person alive at the time of creation. It aims to prevent excessive control by the dead hand or mortmain and to promote marketability of property.
False pretenses is a crime of obtaining property by intentional misrepresentation of a fact. Learn the legal elements, statutory variations, and common-law distinction from larceny by trick.
City of Norwood v. Horney, 110 Ohio St.3d 353 (2006), was a case brought before the Ohio Supreme Court in 2006. The case came upon the heels of Kelo v.City of New London, in which the United States Supreme Court ruled that commercial development justified the use of eminent domain.
The parol evidence rule is a common law rule that limits the kinds of evidence parties to a contract dispute can introduce to determine the terms of a written contract. The rule excludes extrinsic evidence that contradicts or varies the written contract, but has some exceptions depending on the jurisdiction and the type of contract.
Unitization is the consolidation of multiple land parcels into a single operational unit for fracking, which can affect property owners who don't want to lease their land. Learn how unitization ...
Cases involving real property: Prosecutors required to provide clear and convincing evidence. [64] 3rd party owners need to prove their own innocence, unless real property is at stake. [64] 85% to the seizing agencies, 15% to the Office of the Attorney General or the Prosecutors Advisory Council. [64] Louisiana