Archive for the ‘Real Property’ Category

Real Property Law: Nuisances

Sunday, June 6th, 2010

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.

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Wednesday, April 28th, 2010

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Goa has many popular well established neighborhoods but it is a matter of your preference.

If you are buying a property in Goa to rent it out, you should ask yourself where you would like to live and rent a property in Goa.

If you are targetting to renting out your new property to the expatriate community in Goa, you should investigate to purchase a Goa property in exclusive neighborhoods.

If you are considering buying a house or condo in Goa, to sell it at a later time for a profit, you should ask yourself which locations in Goa still has affordable real-estate properties with the potential of strong growth. New townships in Goa could be a potential target for the purchase of a property.

When you purchase a house or villa in Goa, you are buying the land and as well the property that was build on the land. Of course the property in Goa will deteriorate with the years but the land the property was build on maybe worth much more, then its original value, so the more land you get when you buy a house or villa in Goa, the more it will be worth in the future. Land in Goa will always have value.

Before you buy a property in Goa, it is important that you understand the basics between a Freehold or Leasehold property in Goa.

It is important that you check out the immediate surroundings where you plan to buy a real-estate property in Goa and you should be cautious of anything near by your Goa property. You should not purchase a property near by of main roads, high tension cables, Electricity substations and as well large water drains in Goa.

If you have contacts into the construction or real estate industry, you could have an advantage if they can let you know of future developments of real-estate projects in Goa, before the general public will be aware of those new real-estate development projects in Goa.

Most buyers of properties in Goa compare prices when they shop around for a new property. You should look through Goa real-estate classifieds ads in local newspapers or search online for real-estate developers in Goa so you have a strong knowledge of the prices for the real-estate properties in Goa.

You should ask yourself the following question before you buy a property in Goa.

Is the property in Goa, leasehold or freehold and if the Goa property is a leasehold property, how much years does the property in Goa has left? How is the neighborhood of your Goa property? Are shops nearby your Goa property Has any work been done on the Goa property since the old owners moved in? Is the Interior or Exterior of the Goa property in good condition? How much you have to invest in additional work for your Goa property Will you be able to obtain a mortgage loan from a local bank in Goa?

If you are not under a time constraints, you should look as many properties in Goa as you can handle. You should visit show units from real-estate developers in Goa or if it is a property in the resale-market, visit that property as often as you can and draw up a list of pros and cons of the Goa property. If you have the time, under no circumstances should you rush in to buying a property in Goa.

You should not only look for a bungalow, semi detached house, or a condominium/apartment or residential land in Goa, but as well for a mortgage loan with a Bank or Financial Institution in Goa.

To know more visit:

http://www.magicmasons.com/

 

 

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Saturday, March 20th, 2010

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