...Cliff's picket fence is actually 3 feet on her side of the property line. Mildred does not want to get into a fight, but at the same time, she does not want Cliff to permanently keep the 3 feet of property that belong to her. So, she came to your firm to ask advice. Mildred has a deed that clearly shows that she received title to the 3 feet in question through a deed executed over 40 years ago. Cliff, of course, will argue that he acquired the 3 feet via adverse possession. Neither Cliff nor Mildred can remember exactly when the fence was put up and neither party can remember what was done with that space before the fence was put up. It is apparent that this case will come down to who has the burden to prove what because it's apparent that neither party can prove much of anything except that Mildred has her deed and all parties agree that the picket fence has been up for several years. Your supervising attorney asks you to draft an essay, citing relevant Ohio law where applicable, explaining who has the burden to prove what in this case and which party is likely to prevail. Please do so. Issue- The issue at hand is whether Cliff can prove adverse possession for the 3 feet of land in question under Ohio law against Mildred. Rule- Wechter v. Franklin, C.A. No. E-78-38, Court of Appeals of Ohio, Sixth Appellate District, Erie County, 1979 Ohio App. LEXIS 10401, August 24, 1979. In this case there were two property owners who were fighting over boundary lines and the title...
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...Being a property owner can be very stressful. Being a property owner is a huge responsibility. Be well informed on your obligations as a property manager to reduce potential risks. There are many things that must be done to provide a safe environment for tenants to live and feel secure in. The intruder forced his way into Sharon’s apartment through a sliding glass door. The intruder was well aware of what he was doing by unlawfully entering someone else’s property with the intent to burglarize their home. Also, the intruder broke in during the evening, when common sense should’ve kicked in that someone would probably be home. The intruder broke in and attacked Sharon, whose screams alert Darryl, the apartment manager, who is also attacked. Tort law has a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer (Lahnstein, 2011). I do have an ethical responsibility to Sharon and Darryl as my tenant and my property manager. I am expected to provide livable housing. It is my responsibility to make sure it meets all the requirements of livable housing. Secure locks, latches, maybe alarm system, deadbolts, well-lit area...
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..._______________________________________________________________ 16 September 2014 ProQuest 目录 1. Elements of a Theoretical Framework for Public Sector Accounting............................................................ 1 16 September 2014 ii ProQuest 第 1 个文档,共 1 个 Elements of a Theoretical Framework for Public Sector Accounting ProQuest 文档链接 摘要: The development of a concept of community assets (used to describe government-managed assets of an infrastructural, cultural, or environmental nature) can contribute to the development of a new theoretical framework for public sector accounting and potentially for private sector accounting as well. An important feature of this framework is that recognition of assets based on common property alongside private property lends greater visibility to the communitarian perspective, with its emphasis on shared values and common life, and to social as well as technical concerns. In addition, by distinguishing what management can control from what they cannot control, a concept of community assets as distinct from ordinary fixed assets could permit a fairer system of accountability and clarify the controversial issues of depreciation in the public sector. 链接: Check local library holdings 全文文献: Despite the ancient origins of governmental accounting (Normanton, 1966; Chatfield, 1974) and the size and significance of governmental activity in modern times, the subject was, until recently, ignored by academics and practitioners alike. After a period of...
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...Manufacturing was founded by Dr. Riordan. With a background in chemistry; Dr. Riordan acquired numerous patents pertaining to creating plastic goods. This paper will focus on a corporate plan for Riordan Manufacturing. Riordan Manufacturing Corporate Compliance Plan will include managing the legal liability of officers and directors of Riordan Manufacturing. Also The Corporate Compliance Plan will address the laws pertaining to Riordan Manufacturing, the rights Riordan Manufacturing employees have and how and who to turn to in case a lawsuit is brought against Riordan Manufacturing. In order for Riordan Manufacturing to be in compliance; Riordan Manufacturing must adhere to all laws set by the government. An Internal controls and corporate governance system will help Riordan Manufacturing executives make sure that all employees working for Riordan Manufacturing obey all government laws and industry practices when conducting company assigned duties. An Internal controls and a corporate governance system ensures that Riordan Manufacturing policies, procedures, and government laws are followed. An effective enterprise liability starts with Riordan Manufacturing take responsibility for wrong doings that happen within Riordan Manufacturing. In order to prevent any wrong doings Riordan Manufacturing must ensure all company workplace and safety policies are followed. Implementing an effective enterprise liability plan will ensure that all employees who have incidents that accrue under...
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...PROPERTY LAW Angela This situation is clear to see that Co- ownership is involved. There are two parties involved in this co- ownership; Brad and Angelina. We are looking to see the type of ownership they got into and at the end what will they be entitled to. There are two forms of co- ownership; Joint tenancy and Tenancy in common. The presumption of Joint tenancy is that the joint tenants own the entire property in question. The presumption of Tenancy in common is that the tenants own a share of the property in question. Joint tenancy will only be applicable if the test of the four unities is satisfied. Difference with tenancy in common is that you only need to satisfy the unity of possession. Unity of time means the tenants interest of the property must commence at the same time as other tenants. Possession means that the entire co – owned land is the tenants’ entitlement. Interest means interests held should be the same as the duration and time. Title means that tenants involved should be given a title from the same supplier. Again, we need to understand the sort of co-ownership we are dealing with here before advising the parties. There is a slight hope that we are dealing with joint tenancy as all four unities are present in this scenario. However, there are pros and cons of being a joint tenant, one of which is severance. One of the methods of...
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...State of New Jersey ST-8 (3-07, R-11) DIVISION OF TAXATION To be completed by both owner of real property and contractor, and retained by contractor. Read instructions on back of this certificate. Do not send this form to the Division of Taxation. SALES TAX FORM ST-8 CERTIFICATE OF EXEMPT CAPITAL IMPROVEMENT A registered New Jersey contractor must collect the tax on the amount charged for labor and services under the contract unless the owner gives him a properly completed Certificate of Exempt Capital Improvement. MAY BE ISSUED ONLY BY THE OWNER OF THE REAL PROPERTY MAY NOT BE ISSUED FOR THE PURCHASE OF MATERIALS _______________________________________________________________________________________________________________ (Name of Contractor) _______________________________________________________________________________________________________________ (Address of Contractor) _______________________________________________________________________________________________________________ (Contractor’s New Jersey Certificate of Authority Number) THE FOLLOWING INFORMATION MUST BE FURNISHED: The nature of the contract is as follows (describe the exempt capital improvement to be made):______________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ _______________________________...
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...Personal property Personal property generally is considered private property that is movable rather than immovable property or real estate. In common law systems, personal property may also be called chattels or personal property. In civil law systems, personal property is often called movable property or movables - any property that can be moved from one place to another. This term is in distinction with immovable property or properties, such as land and other personal property buildings.In words is property owned by a person or company that is mobile and not fixed to the land or associated. Basically, it's all personal property, other than real estate. Personal property include a business equipment, furniture and office equipment, cars / trucks acquired and used by the company, and basically everything that is not "stuck". In other words, personal property is movable, while the real property is not. Due to the mobile nature of personal property, it is harder for a credit for personal property used to secure a loan. For example, if a bank loans money on a building, you can be sure that the building will not move. But if a bank loans money on the car, the car can be driven away Distinguish between Real Property and Personal Property By Alan R. Romero from Property Law For Dummies Anything that can be owned legally be called property. All properties can be grouped into two broad categories: real property and personal property. Personal property may be classified as movable...
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...Unit 2 Individual Project William Hurley Legal and Ethical Environments of Business INTRODUCTION Today’s topic is on is on the subject of linking and when is it trespassing. Linking is a common practice where one web page or site links up with another web page or site. I sent an email about eBay Inc v. Bidders Edge Inc to a friend. She wants to design an internet dating site and doesn’t want to be involved in any illegal complications. After reading my email she responded with some questions about how she could accomplish that. She wants to know what Bidders Edge does that is different than eBay’s normal customers. Why does it matter to eBay? What is the definition of traditional trespass to personal property? Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services? How? I will do my best to respond to all of her questions. EBAY V. BIDDERS EDGE Bidder’s Edge is an auction aggregation site designed to offer on-line auction buyers the ability to search for items across numerous on-line auctions without having to search each host site individually. ( www.tomwbell.com) EBay is a person to person trading site. On eBay people put items up for auction and other people bid on these items. Basically, Bidders edge would crawl onto different auction sites and obtain information on items for their customers to bid on. Bidder’s edge customers would not have to search a bunch of different sites to...
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...in regards to starting up your Internet dating website. Let’s see if I can be of service to your follow-up questions. 1. What did Bidder’s Edge do that was different than eBay’s normal customers? Why does it matter to eBay? Answer: Well, Bidder’s Edge tried to be sneaky and go through the back door of eBay to do automated searches to reach potential customers. This made Bidder’s Edge guilty of trespassing. It mattered to eBay because this could cause instability in running their computer system. Also, the court noted eBay’s user agreement that prohibited automated access by Bidder’s Edge. The allowed the court to rule in eBay’s favor. 2. Look in your text. What is the definition of traditional trespass to personal property? Answer: This is when a personal enters or remains unlawfully in or upon a premises when he/she is not licensed, invited or privileged to do so. This can also be a website that is owned by an...
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...1. The Law of Mortgages resolves disputes between a borrower and a lender, who has been granted a “mortgage” as security over the borrower’s land. Who is the “mortgagee”? Borrower Lender Who is the “mortgagor”? Borrower Lender 2. How are mortgages created? Terms in the mortgage contract that restrict the right to redeem or which are “oppressive or unconscionable” may be struck out by the court. A clause in a mortgage agreement provided that the debt could not be repaid until either the lender called in the loan or upon the expiry of 50 years. Discuss the validity of this clause What procedure does a lender have to follow in order to obtain a court order for possession of mortgaged residential property? What are the possible outcomes of the hearing? What is the text of section 36 of the Administration of Justice Act 1970? Under what circumstances does a judge have discretion to postpone/suspend a possession order for residential property? Study pp700-705 of Gateway including the extracts from Cheltenham & Gloucester Building Society v Norgan [1996] What factors does the borrower have to prove in order to obtain a suspended possession...
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...include any improvements 3. Government influences on real estate: a. Eminent domain: can seize property for a price b. Police regulatory power: Police can enforce rules c. Building codes: strong buildings in hurricane weather, smoke detectors, etc. d. Taxation: they have the right to tax 4. What portion of US households own their home: Two-thirds 5. Property attributes: Location, school district, area surrounding the property 6. Buying and Selling Properties: a. Grantor: must be of legal age, must be legally competent, must sign deed b. Grantee: must be identified, no need to be competent, no need to be of legal of age 7. Bundle of rights: A set of legal rights afforded to the real estate title holder. The bundle of rights can include the right of possession (the property is owned by the title holder), the right of control (the owner controls the property's use), the right of exclusion (the holder can deny people access to the property), the right of enjoyment (the holder can use the property in any legal manner) and the right of disposition (the holder can buy or sell the property). 8. Fixtures: real property that was formally personal property (rules: manner of attachment, charter of the article and manner of adaptation; custom windows, church pews, custom designed furniture) 9. Personal Property: Non-permanent structures; personal and household goods, intellectual property, music 10. Types of ownership estates: a. Direct: tenancy in common, joint tenancy, tenancy...
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...Accessions: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. Account: a right to payment of a monetary obligation, whether or not earned by performance, (A) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (B) for services rendered or to be rendered, (C) for a policy of insurance issued or to be issued, (D) for a secondary obligation incurred or to be incurred, (E) for energy provided or to be provided, (F) for the use or hire of a vessel under a charter or other contract, (G) arising out of the use of a credit or charge card or information contained on or for use with the card, or (H) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State or (ii) any credit device account. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of (A) the use of a credit or charge card or information contained on or for use with the card or (B) a credit device account. Account debtor: a person...
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...Property Rights The rights to use, control, and obtain the benefits from a good or resource is known as Property Rights (Gwartney, 2015). The views on this have been the same for ages. If you own a property you have the right to do with it as you please within the context of the law. Property Rights are attained by purchasing, inheriting or receiving the right. Private Property Rights is when you are the sole person or group to that particular asset. It consists of three things; the right to exclusive use of the property, legal protection against invasion and finally the right to sell. Harold Demsets the write of, “Toward a Theory of Property Rights” describes it using different wording. He explains that when a transaction is concluded in a marketplace there are two exchanges that create a Property Right. Also a bundle of rights often attaches its self to a physical commodity or service, and it is actually the value of the right that gives it its trade value. Learning that there are also regulations on a Property Right is interesting. Our book gives a scenario on how you can’t use your property to destroy or hinder someone else’s property A living example of a Property Right is buying a car. When you buy a car there is a transfer between two individuals of a good which would be the car. Once you become the owner of this vehicle you are instantly a Private Property owner. This means that you are able to do with the vehicle as you please. As long as you aren’t harming someone...
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...EARL v. COMMISSIONER OF INTERNAL REVENUE, Cite as 7 AFTR 8508 (30 F.2d 898), 02/25/1929 EARL v. COMMISSIONER OF INTERNAL REVENUE. Case Information: Code Sec(s): | | Court Name: | U.S. Court of Appeals, Ninth Circuit. | Docket No.: | No. 5602. | Date Decided: | 02/25/1929 | Disposition: | | Cites: | 7 AFTR 8508, 30 F2d 898. | HEADNOTE . Reference(s): OPINION Warren Olney, Jr., J. M. Mannon, Jr., Henry D. Costigan, and Robert L. Lipman, all of San Francisco, Cal., for petitioner. Mabel Walker Willebrandt, Asst. Atty. Gen., and Sewall Key and Millar E. McGilchrist, Sp. Asst. Attys. Gen. (C. M. Charest, Gen. Counsel, and Prew Savoy, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent. Appeal from the United States Board of Tax Appeals. Petition by Guy C. Earl, for review of a decision of the Board of Tax Appeals, sustaining an order of the Commissioner of Internal Revenue, determining that there was a deficiency in income tax paid by the petitioner for the years 1912 and 1921. Reversed. Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge. Judge: BEAN, District Judge. This is a petition for review of a decision of the Board of Tax Appeals. Section 1001, Revenue Act of 1926; 26 USCA § 1224. The petitioner is, and was during the times hereinafter mentioned, a married man domiciled in the state of California. In 1920 and 1921, the years here involved, he earned for personal services...
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...unsecured creditors do not have a right to his property. The debt transfers to Raul’s children. 8. A. Marth Reddings Andrew Jamine Kim Mark(deceased) Shirley(deceased) S1A D2A D2B S1A S2B S2C S2D S2E(deceased) D3A D3B D3C D2A1 D2A2 D2A3 S1A1 S1A2 S2C1 S2C2 S2E1 S2E2 D3A1 B. | Per Stirpes | Per Capita | Per Capita at Each Generation | Andrew, Jamine, or Kim | 1/5 each | 1/12 Each | 1/5 Each | Mark’s Spouse | 0 | 0 | 0 | Each of Mark’s living children | 1/20 each (1/5*1/4) | 1/12 each | 2/40 Each (2/5*1/8) | Each of Mark’s deceased child’s children | 1/40 each (1/5*1/4*1/2) | 1/12 each | 1/16 each (1/8*1/2) | Each of Kim’s children | 0 | 0 | 0 | Each of Shirley’s children | 1/15 each (1/5*1/3) | 1/12 each | 2/40 each (2/5*1/8) | Shirley’s grandchild | 0 | 0 | 0 | 12. Abe: $50,000 Betty: $10,000 Clay: $15,000 Wanda: $150,000 + (1/2 *(240-150-50-60)) = $165,000 14. a.) The first thing Frank should do is state in his will that he wants to leave all his property to his wife. The second thing he should do is state that if his wife predeceases him that he wants to leave it to his children. Thirdly, he should include all three of his children in his will. b.) If he died without changing his will, half would go to his wife, Joan, and half would go to his daughter, Mattie. 16. All of his property automatically transfers to John as long as he...
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