Ad
related to: constructive possession property law in oklahoma
Search results
Results From The WOW.Com Content Network
Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
[1] In property law, it is a justification for assigning property rights to landowners over resources found on their own land. [2] Traditionally, the doctrine of ratione soli provides landowners "constructive possession of natural resources on, over, and under the surface: cujus est solum, ejus est usque ad coelum ad infernos." [3]
In law, possession is the exercise of dominion by a person over property to the exclusion of others. [1] To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. [ 2 ]
Oklahoma's squatter's rights, or adverse possession law, states a squatter can claim the property if they have resided on the property for at least 15 years and paid property taxes for five years.
In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to ...
In Texas, where it takes 10 years of squatting to obtain property through "adverse possession," a man named Kenneth Robinson recently tried to claim a $330,000 home in the city of Flower Mound for ...
The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive Eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment.
According to the Oklahoma County Assessor's Office: Filing for a homestead exemption with the county clerk exempts the first $1,000 of assessed value from taxation on your residential property.