Many people believe that if they are filing a real estate lawsuit, any attorney will do. The fact is, in order for you to have the best chances for a successful real estate lawsuit, you need an attorney who is experienced with handling real estate litigation.
“Many clients are unaware of the difficulties involved in real estate cases,” says Philip R. Brown, Hawaii real estate attorney. “Many of the cases I have handled have hinged on my experience and knowledge about real estate in this area.”
Real estate lawsuits can be very difficult, and not every attorney is able to handle real estate cases effectively. Not only can real estate claims involve zoning rules, contracts, and insurance companies, but the rules regarding real estate from state to state and even from county to county. When filing a real estate lawsuit in Hawaii, it is important that you have an experienced Honolulu, Hawaii real estate attorney on your side.
Real estate lawsuits can be filed concerning any number of different circumstances, including:
# Wrongful Eviction – If your landlord is attempting to evict you from your house or apartment without reason, you may be able to recover compensation for being wrongfully evicted for each month that you should rightfully have been able to stay in your apartment of house.
# Deceptive Trade Practices – If the seller of a property deceives the buyer , it is referred to as unfair or deceptive trade practices. If you believe you have been deceived or the seller of a property has acted unfair, you may be able to recover compensation.
# Breach of Contract – There are many ways a contract can be breached in real estate, one of the most common ways contracts are breached is by illegally increasing the cost of rent.
# Property Purchases – Purchasing property can be very difficult because there are zoning laws as well as other contracts that must be signed. An experienced real estate attorney can help you with this process.
# Foreclosures – A foreclosure occurs when a property is sold in order to recover the money due to the lender who enabled the party to purchase the property. Whether you are attempting to recover money due to you, or your property is being sold, an experienced real estate attorney can help you.
# Boundary Disputes – Boundary disputes and land rights are difficult matters because as time goes by, boundary lines are forgotten and natural boundaries change. If you are having a boundary dispute, a real estate attorney can help you establish your land rights.
Experience can mean everything during a real estate claim. Real estate litigation involves many unique laws, and an experienced real estate attorney will have the attention to detail and knowledge of how to handle your real estate claim.
Article Source: http://EzineArticles.com/?expert=Sara_Goldstein
Friday, November 2, 2007
A Section of the Bill of Rights in South Africa
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application:
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Property Rights in South Africa:
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
For the purposes of this section:
The public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
Article Source: http://EzineArticles.com/?expert=Gerald_Crawford
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application:
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36(1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Property Rights in South Africa:
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including the current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
For the purposes of this section:
The public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36(1).
Article Source: http://EzineArticles.com/?expert=Gerald_Crawford
Buying A Condominium In Ontario? Do You Know The Rules?
Condominiums are not for everybody. There are rules and if you don’t like rules don’t buy a condominium.
No dogs, no bicycles, no glass in pool areas. These are all valid rules which the courts can and will enforce by way of a court order. At Landy Marr LLP we have acted for both condominium corporations and unit owners, in many such disputes. Every condominium is governed by its own unique rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and to define the rights and obligations of the individual owners.
Some rules regarding the individual owners, condominiums may have restrictions regarding the number of occupants per unit, the age of occupants, pets, noise, and parking and when certain amenities such as the swimming pool, tennis court, etc. may be used.
As well many condominiums have strict rules concerning the alteration of the unit space or its appearance. Additionally, you may have to get the permission from the condominium’s Board of Directors before you do the following: change exterior fixtures, install a satellite dish, put up new colored drapes, install an conditioning unit in one of the windows, and in particular make changes that may affect the premise’s structure or safety.
As an individual condominium owner you may be obliged to attend condominium meetings or serve on condominium boards and committees. Additionally on top of your mortgage condominiums have requirements for the payment of monthly condominium fees. There will also be mandatory charges for a reserve fund in addition to the maintenance fee for unforeseen major repairs to the condominium common elements.
In Ontario every condominium has a Declaration registered on title. Additionally each condominium corporation has by-laws and rules. Before you enter into an agreement to buy a new condominium unit read these documents over. If it is a resale unit and you read them after you sign, it will be too late to change your mind. To avoid disappointment and future problems you should have a lawyer carefully review and consider all rules and obligations when you are considering the purchase of a condominium. They should be available from the unit’s seller / vendor or from the condominium Corporation. The rules will be clearly outlined in the governing documents, and you should become familiar with them prior to purchasing a particular condominium unit.
Legal firms have frequently and successfully gone to Court on behalf of condominium corporations to obtain Court orders against individuals who had pets, who had brought bicycles into the elevators and into their units, who brought a glass into a jacuzzi, and who were tossing their Christmas trees over their balcony.
A condominium is not the same thing as owning a single family home where you are the “king of your castle”. A condominium is in many ways like living in a commune or a kibbutz, where the rights of the individual must be subordinate to the rules governing the building. Individual liberty is not supreme, and unit owners must obey the rules for the collective.
Before you buy make sure you know what you’re buying by reading the Declaration, by-laws and rules. Go see your real estate lawyer before you sign the Agreement of Purchase and Sale. Don’t wait until after you sign, by then it will be too late.
Samuel S. Marr is well respected in his professional practice and handles a diverse range of litigation cases with extensive experience in insurance and disability claims disputes, personal injuries actions and class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes. Sam is certified as a specialist in Civil Litigation by the Law Society of Upper Canada.
To contact Sam or for more information visit http://www.landymarr.com
Article Source: http://EzineArticles.com/?expert=Samuel_Marr
No dogs, no bicycles, no glass in pool areas. These are all valid rules which the courts can and will enforce by way of a court order. At Landy Marr LLP we have acted for both condominium corporations and unit owners, in many such disputes. Every condominium is governed by its own unique rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and to define the rights and obligations of the individual owners.
Some rules regarding the individual owners, condominiums may have restrictions regarding the number of occupants per unit, the age of occupants, pets, noise, and parking and when certain amenities such as the swimming pool, tennis court, etc. may be used.
As well many condominiums have strict rules concerning the alteration of the unit space or its appearance. Additionally, you may have to get the permission from the condominium’s Board of Directors before you do the following: change exterior fixtures, install a satellite dish, put up new colored drapes, install an conditioning unit in one of the windows, and in particular make changes that may affect the premise’s structure or safety.
As an individual condominium owner you may be obliged to attend condominium meetings or serve on condominium boards and committees. Additionally on top of your mortgage condominiums have requirements for the payment of monthly condominium fees. There will also be mandatory charges for a reserve fund in addition to the maintenance fee for unforeseen major repairs to the condominium common elements.
In Ontario every condominium has a Declaration registered on title. Additionally each condominium corporation has by-laws and rules. Before you enter into an agreement to buy a new condominium unit read these documents over. If it is a resale unit and you read them after you sign, it will be too late to change your mind. To avoid disappointment and future problems you should have a lawyer carefully review and consider all rules and obligations when you are considering the purchase of a condominium. They should be available from the unit’s seller / vendor or from the condominium Corporation. The rules will be clearly outlined in the governing documents, and you should become familiar with them prior to purchasing a particular condominium unit.
Legal firms have frequently and successfully gone to Court on behalf of condominium corporations to obtain Court orders against individuals who had pets, who had brought bicycles into the elevators and into their units, who brought a glass into a jacuzzi, and who were tossing their Christmas trees over their balcony.
A condominium is not the same thing as owning a single family home where you are the “king of your castle”. A condominium is in many ways like living in a commune or a kibbutz, where the rights of the individual must be subordinate to the rules governing the building. Individual liberty is not supreme, and unit owners must obey the rules for the collective.
Before you buy make sure you know what you’re buying by reading the Declaration, by-laws and rules. Go see your real estate lawyer before you sign the Agreement of Purchase and Sale. Don’t wait until after you sign, by then it will be too late.
Samuel S. Marr is well respected in his professional practice and handles a diverse range of litigation cases with extensive experience in insurance and disability claims disputes, personal injuries actions and class actions, real estate litigation, wrongful dismissal actions, mortgage enforcement, condominium litigation, construction lien and Commercial Tenancy disputes. Sam is certified as a specialist in Civil Litigation by the Law Society of Upper Canada.
To contact Sam or for more information visit http://www.landymarr.com
Article Source: http://EzineArticles.com/?expert=Samuel_Marr
Public Real Estate Record & How To Get One Quickly And Legally!
A public real estate record can be a realtor’s and a buyer’s best friend. The public real estate record can give the seller and future homeowner information on the house that they may not get otherwise just by looking at it.
Problems – A public real estate record should tell you about certain problems that the house has had such as electrical failure, flooding, or cracking foundation. These are all important and sometimes life threatening problems that every seller and buyer should know about well in advance of buying the home. After all, to the seller, it’s just real estate. To the buyer, it’s a home.
History – When was the house built? What is the history of the land it sits on? How many previous owners have there been? Is there a history of a crime that was committed in the home? Some people may not feel comfortable living a home where someone was murdered or where someone hid out during a crime spree. Some people may not even feel comfortable living in the same neighborhood as a “famous crime house.” These are all very important things that every prospective homeowner should take into account when looking to purchase a home.
Quality – When was the last time the house got painted? Are those the same bricks that were there when the house was built originally? How old are those shingles on the roof? If the quality of the home is not up to par, there is no reason to buy it. Unless of course, you want to buy a fixer upper, this even then could end up as a money pit.
Other – A public real estate record can also show you things like how many mortgages a house has had, tax history, sellers name, property type, location, etc. These are all very important things to take into consideration when looking through a public real estate record.
Remember that not all public real estate records are created equally, as different states may have different requirements for what they each require. Some states, for example, do not have to tell you if there was flood damage at the house or not. Their buyers beware in those states. Do you live in one of those? You had better hope not for you and your family’s safety and security.
More information regarding how to obtain a public real estate record can be found at the following site: http://www.squidoo.com/publicrealestaterecord/
Article Source: http://EzineArticles.com/?expert=Mikee_Dunn
Problems – A public real estate record should tell you about certain problems that the house has had such as electrical failure, flooding, or cracking foundation. These are all important and sometimes life threatening problems that every seller and buyer should know about well in advance of buying the home. After all, to the seller, it’s just real estate. To the buyer, it’s a home.
History – When was the house built? What is the history of the land it sits on? How many previous owners have there been? Is there a history of a crime that was committed in the home? Some people may not feel comfortable living a home where someone was murdered or where someone hid out during a crime spree. Some people may not even feel comfortable living in the same neighborhood as a “famous crime house.” These are all very important things that every prospective homeowner should take into account when looking to purchase a home.
Quality – When was the last time the house got painted? Are those the same bricks that were there when the house was built originally? How old are those shingles on the roof? If the quality of the home is not up to par, there is no reason to buy it. Unless of course, you want to buy a fixer upper, this even then could end up as a money pit.
Other – A public real estate record can also show you things like how many mortgages a house has had, tax history, sellers name, property type, location, etc. These are all very important things to take into consideration when looking through a public real estate record.
Remember that not all public real estate records are created equally, as different states may have different requirements for what they each require. Some states, for example, do not have to tell you if there was flood damage at the house or not. Their buyers beware in those states. Do you live in one of those? You had better hope not for you and your family’s safety and security.
More information regarding how to obtain a public real estate record can be found at the following site: http://www.squidoo.com/publicrealestaterecord/
Article Source: http://EzineArticles.com/?expert=Mikee_Dunn
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