Podcasts about Property law

Area of law governing ownership of real and personal property

  • 158PODCASTS
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  • May 28, 2025LATEST
Property law

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Best podcasts about Property law

Latest podcast episodes about Property law

RTP's Free Lunch Podcast
Deep Dive Episode 308 - Property & Personal Rights: A Discussion of Short-Term Rental Regulations

RTP's Free Lunch Podcast

Play Episode Listen Later May 28, 2025 64:17


Short-term rentals—popularized by Airbnb and Vrbo—have been given modern platforms for the customary alternative to hotels: in-home stays. Yet their rapid growth has prompted a wave of local and state regulations at odds with the practice, driven by lobbying from the hotel industry, concerns about housing affordability, neighborhood character, and other regulatory assertions. While some critics, including city officials and interest groups, support increased oversight, others—including advocates of limited government and individual rights—contend that these services represent an exercise of property rights, expand consumer choice, and note that there is limited evidence of significant impact on the housing market.This panel will explore the constitutional, statutory, historical, and policy implications of short-term rental regulation. Are local governments properly protecting community interests, or are they infringing on fundamental property rights? What legal frameworks govern this space—and what should they be?Join us for a lively discussion featuring the Hon. Paul Clement, Tony Francois, and Ron Klain, moderated by Prof. Donald Kochan, that will examine the intersection of private property, regulatory authority, and economic liberty.

Investor Fuel Real Estate Investing Mastermind - Audio Version
Unlocking Seattle's Real Estate Secrets: Landlord-Tenant Insights Revealed

Investor Fuel Real Estate Investing Mastermind - Audio Version

Play Episode Listen Later May 20, 2025 36:43


In this conversation, Brian Muchinsky, a prominent real estate attorney in Seattle, shares his insights on the complexities of real estate law, particularly focusing on landlord-tenant dynamics, the impact of urban regulations, and the challenges faced by property owners in a litigious society. He discusses the risks associated with short-term rentals, the advantages of midterm rentals, and the ongoing tech boom in Seattle that continues to drive real estate prices. Brian also highlights the legal representation available to tenants and the implications for landlords navigating eviction proceedings.   Professional Real Estate Investors - How we can help you: Investor Fuel Mastermind:  Learn more about the Investor Fuel Mastermind, including 100% deal financing, massive discounts from vendors and sponsors you're already using, our world class community of over 150 members, and SO much more here: http://www.investorfuel.com/apply   Investor Machine Marketing Partnership:  Are you looking for consistent, high quality lead generation? Investor Machine is America's #1 lead generation service professional investors. Investor Machine provides true ‘white glove' support to help you build the perfect marketing plan, then we'll execute it for you…talking and working together on an ongoing basis to help you hit YOUR goals! Learn more here: http://www.investormachine.com   Coaching with Mike Hambright:  Interested in 1 on 1 coaching with Mike Hambright? Mike coaches entrepreneurs looking to level up, build coaching or service based businesses (Mike runs multiple 7 and 8 figure a year businesses), building a coaching program and more. Learn more here: https://investorfuel.com/coachingwithmike   Attend a Vacation/Mastermind Retreat with Mike Hambright: Interested in joining a “mini-mastermind” with Mike and his private clients on an upcoming “Retreat”, either at locations like Cabo San Lucas, Napa, Park City ski trip, Yellowstone, or even at Mike's East Texas “Big H Ranch”? Learn more here: http://www.investorfuel.com/retreat   Property Insurance: Join the largest and most investor friendly property insurance provider in 2 minutes. Free to join, and insure all your flips and rentals within minutes! There is NO easier insurance provider on the planet (turn insurance on or off in 1 minute without talking to anyone!), and there's no 15-30% agent mark up through this platform!  Register here: https://myinvestorinsurance.com/   New Real Estate Investors - How we can work together: Investor Fuel Club (Coaching and Deal Partner Community): Looking to kickstart your real estate investing career? Join our one of a kind Coaching Community, Investor Fuel Club, where you'll get trained by some of the best real estate investors in America, and partner with them on deals! You don't need $ for deals…we'll partner with you and hold your hand along the way! Learn More here: http://www.investorfuel.com/club   —--------------------

Afternoons with Pippa Hudson
Legal Talk: Property rental specialist Marlon Shevelew answers your questions

Afternoons with Pippa Hudson

Play Episode Listen Later May 5, 2025 15:25


Pippa speaks to Marlon Shevelew, who specialises in all areas of property, commercial and contractual law and litigation, but has a particular passion for residential rental property law. See omnystudio.com/listener for privacy information.

the finance and property survival guide
Property Law & Much More with David Natoli

the finance and property survival guide

Play Episode Listen Later Mar 3, 2025 20:10


David is the Principal & Director of Natoli Howell Lawyers, he joins the show to discuss the ins & outs of Conveyancing. In this episode you'll learn about Property Law, the importance of a good conveyancer and much more!You can check out David's work here: David Natoli | Natoli HowellThe content discussed in this episode is general in nature, and doesn't take into consideration the individual circumstances of the listener. Any listeners should consider their personal situation and seek professional advice and assistance if needed.

Law School
Community Property vs. Common Law Property Systems (Family Law and Property Law) (Part 2 of 2)

Law School

Play Episode Listen Later Feb 22, 2025 9:44


Community Property vs. Common Law Property SystemsSubject: Analysis of Community Property and Common Law Property Systems in Family and Property LawCommunity Property System:Marriage is viewed as an economic partnership.Any asset acquired during the marriage is presumed to be community property, regardless of whose name is on the title.Applies in nine U.S. states: California, Texas, Arizona, Louisiana, Nevada, New Mexico, Washington, Idaho, and Wisconsin.Community property states mandate an equal 50/50 split of marital property in a divorce.Common Law Property System:Property rights are determined by title ownership. Assets acquired by one spouse are presumed to belong solely to that spouse.Property is divided fairly, but not necessarily equally, in a divorce.Courts consider factors like length of the marriage, each spouse's financial and non-financial contributions, future earning capacity, standard of living during the marriage, health and age of the spouses, dissipation of assets, custodial responsibilities for children, and agreements between the spouses regarding ownership or anticipated division of property.Key Comparisons and Additional Considerations:Both systems address property transformation from separate to marital or vice versa through transmutation and commingling.In community property states, real estate acquired during the marriage belongs to both spouses equally. In common law states, ownership is determined by the title deed

Law School
Community Property vs. Common Law Property Systems (Family Law and Property Law) (Part 1 of 2)

Law School

Play Episode Listen Later Feb 21, 2025 20:37


Community Property vs. Common Law Property SystemsI. Historical and Theoretical FoundationsCommunity Property SystemDerived from civil law traditions (Spanish and French)Marriage is an economic partnershipAssets acquired during marriage are jointly owned, regardless of who earned/purchased themCommon Law Property SystemOriginates from English legal traditionsProperty rights determined by title ownershipAssets acquired by one spouse belong solely to that spouse, unless otherwise indicatedII. Community Property SystemsDefinition and ScopeApplicable in nine U.S. states (CA, TX, AZ, LA, NV, NM, WA, ID, WI)Any asset acquired during marriage is presumed community property, regardless of title/deedSeparate vs. Community PropertyCommunity Property: Income, wages, assets acquired during marriageSeparate Property: Assets acquired before marriage, inheritances, giftsDivision in Divorce50/50 split of marital propertyDisputes arise when separate and community property commingleSome states allow unequal distribution in rare cases (e.g., financial misconduct)III. Common Law Property SystemsDefinition and OwnershipOwnership determined by titleAsset acquired in one spouse's name is presumed separate property, even if marital funds contributedEquitable Distribution in DivorceProperty divided fairly, but not necessarily equallyCourts consider length of marriage, contributions, future earning capacity, standard of livingDiscretion of the CourtsBroad discretion to ensure fairnessFactors: financial contributions, non-financial contributions, length of marriage, agreements, impact on financial futureIV. Key Comparisons and Additional ConsiderationsTransmutation and ComminglingCommunity Property: Commingling occurs when separate and marital funds are mixedTransmutation occurs when spouses agree to change property classificationCommon Law: Burden of proof on spouse claiming separate property to show no conversion to marital propertyTreatment of Businesses and Real PropertyBusiness Interests: Increase in value during marriage may be marital property if both spouses contributedReal Property: Community property states - acquired during marriage belongs to both spouses equallyCommon law states - ownership determined by title deedV. Legal Precedents and JurisprudenceCommunity Property Case: Marriage of Moore (1980) - Marital estate can gain interest in separate property when community funds used to pay off mortgageCommon Law Case: Krause v. Krause (2015) - Spouse's indirect contributions warrant increased share of marital assetsVI. In SummaryCommunity Property Systems: 50/50 split of assets acquired during marriageCommon Law Property Systems: Discretionary, fair distribution of assets, considering individual contributionsFamily Law Implications: Affects divorce, estate planning, contractsPractical Applications: Critical for fairness in asset division and estate planning

The Best of Breakfast with Bongani Bingwa
Understanding the Expropriation Bill

The Best of Breakfast with Bongani Bingwa

Play Episode Listen Later Jan 27, 2025 11:24


Tanveer Jeewa, Lecturer of Property Law at Stellenbosch University speaks to Bongani Bingwa about how the Expropriation Act will affect the public.See omnystudio.com/listener for privacy information.

Law School
Summary and wrap-up of Property Law: Foundations of Property Law, Ownership, Use, and Transfer of Property, and Advanced Property Law Concepts

Law School

Play Episode Listen Later Jan 14, 2025 19:59


Property Law What is Property? Property is a legally protected interest in something tangible or intangible. It can be classified into real property (land and attachments) and personal property (movable items and intangible rights). The Bundle of Rights Theory views property rights as a collection of individual rights, including possessing, using, excluding others from, and transferring ownership. History of Property Law Property law originated from English common law and developed through feudalism, market economies, and American colonial history. The feudal system transitioned into a system of private ownership. In American history, property law played a role in nation-building (Homestead Act of 1862) but was also used to dispossess Native Americans and justify slavery. Ways to Acquire Property First Possession, Adverse Possession, Discovery, Capture, Creation, Gift Key Doctrines and Concepts Estates and Future Interests, Rule Against Perpetuities, Co-Ownership Key Concepts in Property Ownership and Possession, Legal and Equitable Ownership Land Use and Zoning Regulations and Laws, Zoning Controversies Government's Power Over Property Eminent Domain, Kelo v. City of New London (2005) Private Land Use Controls Easements, Covenants, Equitable Servitudes, Nuisance Law Transfer of Property Voluntary Transfers, Involuntary Transfers, Contracts for Sale and Escrow, Title Searches and Insurance Mortgages and Financing Mortgage, Types, Foreclosure, Key Considerations Landlord-Tenant Law Types of Tenancies, Landlord Obligations, Tenant Obligations, Disputes and Protections Intellectual Property as Property Intellectual Property (IP), Patents, Copyrights, Trademarks, Trade Secrets, Ownership and Licensing, Emerging Issues Environmental and Natural Resource Law Regulatory Frameworks, Natural Resource Management, Policy Debates Policy Considerations and Reforms Access to Affordable Housing, Equity in Property Ownership, Technological Innovations, Proposed Reforms

Law School
Property Law Lecture 3 (Part 2) Deep Dive: Advanced Topics in Property Law

Law School

Play Episode Listen Later Jan 13, 2025 25:00


Landlord-tenant law governs the relationship between property owners and renters, with tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Landlord obligations include the implied warranty of habitability, covenant of quiet enjoyment, and prompt response to repairs, while tenant obligations include paying rent, maintaining the property, and avoiding illegal activities. Disputes often arise, and many jurisdictions provide additional protections for tenants. Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed, and enforcement often involves litigation. Emerging issues include AI's role in creation, globalization, digital rights management, and biotechnology patents. Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks like NEPA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Natural resource management governs resource extraction, and policy debates focus on climate change, land use, and sustainable development. Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations. Proposed reforms aim to expand tenant protections, encourage sustainable development, and strengthen anti-displacement policies.This lecture covers advanced property law topics, including mortgages and financing, landlord-tenant law, intellectual property, environmental and natural resource law, and policy considerations. Mortgages are legal agreements where borrowers pledge real property as security for loans. They include a promissory note and mortgage instrument and come in types like fixed-rate, adjustable-rate, and interest-only. Foreclosure occurs when a borrower defaults. Landlord-tenant law governs the relationship between property owners and renters, with different types of tenancies and obligations for both landlords and tenants. Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed. Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks and natural resource management. Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations.

Law School
Property Law Lecture 3: Advanced Topics in Property Law

Law School

Play Episode Listen Later Jan 12, 2025 21:27


This lecture explores advanced topics in property law. Mortgages are legal agreements where borrowers pledge real property as security for loans. They include a promissory note and mortgage instrument, and come in types like fixed-rate, adjustable-rate, and interest-only. Foreclosure occurs when a borrower defaults, and key considerations include lien priority, deficiency judgments, and redemption rights Landlord-tenant law governs the relationship between property owners and renters, with tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Landlord obligations include the implied warranty of habitability, covenant of quiet enjoyment, and prompt response to repairs, while tenant obligations include paying rent, maintaining the property, and avoiding illegal activities. Disputes often arise, and many jurisdictions provide additional protections for tenants. Intellectual property (IP) refers to creations of the mind and includes patents, copyrights, trademarks, and trade secrets. IP rights can be transferred or licensed, and enforcement often involves litigation. Emerging issues include AI's role in creation, globalization, digital rights management, and biotechnology patents. Environmental and natural resource law addresses the use and preservation of natural resources through regulatory frameworks like NEPA, the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Natural resource management governs resource extraction, and policy debates focus on climate change, land use, and sustainable development. Property law evolves in response to societal changes, and key policy considerations include access to affordable housing, equity in property ownership, and technological innovations. Proposed reforms aim to expand tenant protections, encourage sustainable development, and strengthen anti-displacement policies.

Law School
Property Law Lecture 2 (Part 2) Deep Dive: Ownership, Use, and Transfer of Property

Law School

Play Episode Listen Later Jan 11, 2025 22:42


Lecture 2 Summary - Property: Ownership, Use, and Transfer I. Core Concepts Ownership vs. Possession: While ownership is the legal right to control, use, and dispose of property, possession is the physical control or occupancy of it. Possession can be evidence of ownership but is not conclusive, as in the case of a tenant. Ownership Types: Ownership can be legal (formal title) or equitable (beneficial interest, as in trusts). II. Land Use and Zoning Land Use Regulations: These regulations, primarily zoning laws, balance private property rights with public interests like environmental protection and urban planning. Zoning Laws: These laws divide land into zones (e.g., residential, commercial) and specify permitted activities within each zone. Zoning promotes orderly development, protects property values, and encourages environmental responsibility, but it can also lead to economic and racial segregation. Eminent Domain: This is the government's power to take private property for public use with just compensation. The definition of "public use" has expanded over time and can now include economic redevelopment projects, which is controversial as it can prioritize corporate interests over individual rights and disproportionately affect low-income and minority communities. III. Private Land Use Controls Easements: These grant one party the right to use another's property for a specific purpose. They can be appurtenant (benefitting specific land) or in gross (benefitting an individual or entity). Covenants: These are contractual agreements restricting or mandating land uses. Equitable Servitudes: These are similar to covenants but are enforced through equitable remedies. Nuisance Law: This addresses conflicts arising from one property owner's use interfering with another's enjoyment of their property. Nuisances can be private (affecting specific individuals) or public (affecting the broader community). IV. Transfer of Property Voluntary Transfers: These occur primarily through deeds, which are written instruments that transfer ownership. Types of deeds include general warranty (highest protection for the buyer), special warranty (limited protection), and quitclaim (no warranties). Involuntary Transfers: These can occur through foreclosure (forced sale to satisfy debt), tax sales (government seizure for unpaid taxes), or escheat (property goes to the state if the owner dies without heirs or a will). Contracts for Sale and Escrow: These are used in the property transfer process, with escrow involving a neutral third party holding funds and documents until all conditions are met. Title searches and title insurance are also important aspects of property transfer. V. Conclusion Property law involves balancing individual rights with societal interests. This lecture provided an overview of core property law concepts, and future lectures will explore topics like mortgages, landlord-tenant law, and environmental regulations.

Law School
Property Law Lecture 2: Ownership, Use, and Transfer of Property

Law School

Play Episode Listen Later Jan 10, 2025 14:33


Property Law Lecture 2 Ownership, Use, and Transfer of Property Introduction to Ownership and Possession Ownership and possession are fundamental concepts in property law. Ownership refers to the legal right to control, use, and dispose of property. It can be further divided into legal ownership (formal title recognized by law) and equitable ownership (beneficial interest, often arising in trusts). Possession refers to physical control or occupancy of the property. It can be actual (physical occupation) or constructive (control without physical occupation). Possession and ownership are intertwined but distinct. For example, a tenant possesses a rental property but does not own it. Courts may rely on possession as evidence of ownership, especially for lost or abandoned property. The distinction between ownership and possession is crucial in property law and legal doctrines such as adverse possession. Land Use and Zoning Land use regulations balance private property rights with public interests like environmental protection and urban planning. Zoning laws are a primary tool for regulating land use. They divide land into zones (e.g., residential, commercial, industrial) with specific permitted and prohibited activities. Zoning promotes orderly development, protects property values, encourages environmental stewardship, and supports public welfare goals. However, zoning laws can also be controversial. Critics argue that they can perpetuate segregation and restrict affordable housing. Legal challenges often focus on their constitutionality, especially under the Takings Clause of the Fifth Amendment. Eminent domain is the government's power to take private property for public use with just compensation. The scope of "public use" has been debated, with the Supreme Court expanding it to include economic redevelopment in Kelo v. City of New London (2005). This decision sparked backlash, and many states enacted laws to limit the use of eminent domain for economic purposes. Private Land Use Controls Private agreements, such as easements, covenants, and equitable servitudes, can also control land use. Easements grant one party the right to use another's property for a specific purpose. They can be appurtenant (benefitting a specific parcel of land) or in gross (benefitting an individual or entity). Easements can be created through express agreements, implication, necessity, or prescription. Covenants are contractual agreements between property owners that restrict or mandate certain land uses. Equitable servitudes are similar to covenants but are enforced through equitable remedies. Nuisance law addresses conflicts arising from one property owner's use interfering with another's enjoyment of their property. Transfer of Property Property transfers can be voluntary (e.g., through deeds) or involuntary (e.g., through foreclosure, tax sales, or escheat). Deeds are written documents that transfer ownership of real property. Types of deeds include general warranty deeds (highest level of protection for the buyer), special warranty deeds (limited protection), and quitclaim deeds (no warranties). Involuntary transfers occur due to legal or financial circumstances, such as foreclosure (forced sale to satisfy a debt), tax sales (seizure for unpaid taxes), or escheat (transfer to the state when an owner dies without heirs or a will). Property transfers also involve contracts for sale (outlining terms of the agreement) and escrow arrangements (neutral third party holding funds and documents until conditions are met). Title searches and title insurance protect buyers by verifying ownership and protecting against title defects. Conclusion Understanding property law principles, including ownership, use, and transfer, is crucial for navigating real estate transactions and disputes. These principles balance individual rights with societal interests, shaping land use and property ownership.

Law School
Property Law Lecture 1 (Part 2) Deep Dive: Foundations of Property Law

Law School

Play Episode Listen Later Jan 9, 2025 23:19


Foundations of Property Law I. Introduction Property law, which governs the ownership, use, and transfer of property, is crucial for regulating resource allocation, resolving disputes, ensuring stability, fairness, and economic development. Property is defined as a "legally protected interest that a person or entity has in a tangible or intangible thing," and property rights are essential to understanding the relationships between individuals, communities, and the state regarding resources, land, and possessions. Categorization of Property Real Property: Land and anything permanently attached (buildings, trees). Personal Property: Movable items (vehicles, jewelry, furniture) and intangible rights (intellectual property, stocks). Tangible Property: Physical items that can be touched and moved. Intangible Property: Non-physical assets (patents, copyrights, bank accounts). Bundle of Rights Theory Property rights are a collection of rights including the rights to possess, use, exclude others, and transfer ownership. These rights are not absolute and may be limited by law, agreements, or societal interests. II. Historical Context and Evolution English Common Law Roots US property law is based on English common law, which developed from the feudal system where land ownership was hierarchical, with the king owning all land and tenants holding it in exchange for obligations. The decline of feudalism and rise of market economies led to a gradual transformation of landholding into private ownership where individuals could acquire rights to own and transfer land freely. American Values and Historical Injustices US property law reflects individual liberty and economic opportunity. The Homestead Act of 1862 granted settlers land ownership, emphasizing property as a tool for nation-building and personal empowerment. However, property law has also been used to dispossess Native Americans and perpetuate social and economic injustice, as seen in the Doctrine of Discovery and the treatment of enslaved people as chattel property. Landmark Judicial Decisions Pierson v. Post (1805): Established the principle of first possession, ruling that ownership is conferred upon the individual who first takes possession of a resource. Johnson v. M'Intosh (1823): Reinforced federal authority over land transactions with Native Americans. III. Acquisition of Property Property can be acquired through various methods, including: First Possession: The first person to take control of a resource or object becomes its owner (illustrated in Pierson v. Post). Adverse Possession: Acquiring property by occupying it for a statutory period, under specific conditions (open and notorious, continuous, exclusive, and hostile possession). Discovery: Finding new, unclaimed lands or resources. Capture: Taking control of wild animals or other unowned objects. Creation: Acquiring property rights through invention, artwork, or discovery (the basis of intellectual property law). Gift Transfers: Elements of a valid gift include intent, delivery, and acceptance. IV. Key Doctrines and Concepts Estates and Future Interests: Estates are legal interests or rights in land, determining the duration and conditions of ownership (fee simple, life estate, fee tail, defeasible estates). Future interests are rights to property that will vest in the future (reversion, remainder). Rule Against Perpetuities: Prevents indefinite restrictions on property transfer. Co-Ownership: Multiple individuals share ownership (joint tenancy, tenancy in common, community property, tenancy by the entirety). V. Conclusion Property law seeks to balance individual rights, societal interests, and economic needs. It is a dynamic system that continually evolves to address modern challenges. Understanding the foundational principles of property law is essential for navigating complex and changing situations.

Law School
Property Law Lecture 1: Foundations of Property Law

Law School

Play Episode Listen Later Jan 8, 2025 16:41


Lecture 1: Foundations of Property Law I. Introduction to Property Law Definition and Importance of Property Law Types of Property: Real Property versus Personal Property Tangible and Intangible Property: Examples and Key Differences Overview of Property Rights: Bundle of Rights Theory II. Historical Context and Evolution Common Law Roots of Property Law Feudal System and Its Influence on Modern Property Rights Development of Property Rights in the United States Landmark Historical Cases Shaping Property Law III. Acquisition of Property First Possession: Theories and Examples (e.g., Pierson v. Post) Adverse Possession Elements: Open, Notorious, Continuous, Exclusive, and Hostile Policy Justifications and Criticisms Discovery, Capture, and Creation Principles Gift Transfers: Intent, Delivery, and Acceptance IV. Key Doctrines and Concepts Doctrine of Estates and Future Interests Fee Simple, Life Estates, Fee Tail, and Defeasible Estates Reversions and Remainders Rule Against Perpetuities: Purpose and Challenges Joint Tenancy and Tenancy in Common: Characteristics and Distinctions

Law School
Law School 2025: A Podcast Series for Aspiring Lawyers and Legal Professionals

Law School

Play Episode Listen Later Jan 7, 2025 5:27


The upcoming 2025 podcast series, Law School 2025, is designed to provide an engaging, accessible resource for mastering essential legal topics. Tailored for law students, legal professionals, and anyone curious about the law, the series covers key subjects including Legal Research and Writing, Civil Procedure, Constitutional Law, Contracts, Torts, Criminal Law and Procedure, Property Law, Evidence, and Business Organizations. Listeners will benefit from diverse formats such as focused review sessions, in-depth lectures, and audiobook-style narrations. Each episode dives into foundational legal principles, practical applications, and real-world case studies, making it an invaluable tool for exam preparation, professional development, or personal enrichment. The podcast is available on popular platforms like Spotify, Apple Podcasts, and Google Podcasts, offering convenient, on-the-go learning for aspiring legal professionals.

MCLE ThisWeek Podcast
Land Court History & Jurisdiction

MCLE ThisWeek Podcast

Play Episode Listen Later Dec 26, 2024 19:09


Hon. Gordon H. Piper of the Massachusetts Land Court explains the land court's history and jurisdiction in the state, excerpted from MCLE's 4/10/2024 live webcast: Lawyer's Roadmap to the Land Court. The full program is available as an on-demand webcast or an MP3 here.  Get 24/7 instant access to hundreds of related eLectures like this one—and more—with a subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass and start your free trial today! Connect with us on socials!Instagram: mcle.newenglandBluesky: mclenewengland.bsky.socialLinkedIn: Massachusetts Continuing Legal Education, Inc. (MCLE│New England)Facebook: MCLE New EnglandX (Formerly Twitter): MCLENewEngland

EG Property Podcasts
The top 10 property law cases of 2024

EG Property Podcasts

Play Episode Listen Later Dec 19, 2024 36:55


EG's legal & professional editor Jess Harrold is joined by court reporter James Lumley to count down the 10 most significant property and planning law judgments handed down during 2024. Their carefully curated list includes such classic staples as forfeiture and the right to manage, major developments in the law of nuisance, and hot topic of recent years including restructuring plans and the Building Safety Act 2022. Not only that, but the year's cases touch on two of the most famous (and well visited) locations in all of the UK. And, if that isn't enough, there is also Weetabix.

Afternoons with Pippa Hudson
Legal Talk: Residential property law expert Marlon Shevelew answers your questions

Afternoons with Pippa Hudson

Play Episode Listen Later Oct 21, 2024 16:43


Pippa speaks to residential property law expert Marlon Shevelew about whose responsibility it is to fix up defects in your rental property.See omnystudio.com/listener for privacy information.

Teleforum
Talks with Authors: Nowhere to Live: The Hidden Story of America's Housing Crisis

Teleforum

Play Episode Listen Later Oct 1, 2024 63:08


In Nowhere to Live: The Hidden Story of America’s Housing Crisis, author James Burling describes the interesting history of America's housing market. With stories going back to the Civil War, the early twentieth century, and the “urban renewal” movement of the 1950s, Nowhere to Live argues that a series of governmental mistakes helped to create a current housing crisis. Burling also proposes a solution: "not by government fiat, but through the restoration of private property rights." Join the author and moderator Eric Claeys as they discuss these issues and the book itself. Featuring:James S. Burling, Vice President of Litigation, Pacific Legal FoundationModerator: Prof. Eric R. Claeys, Professor of Law, Antonin Scalia Law School, George Mason University--To register, click the link above.Click here to read James Burling's blog post.

Law School
Property Law: Key Points

Law School

Play Episode Listen Later Sep 27, 2024 14:28


Summary: Key Points on Property Law Property Law Overview: Governs rules around ownership, possession, use, transfer, and regulation of real and personal property. Important for understanding land use, landlord-tenant relationships, real estate transactions, and estates. Property Ownership and Possession: Ownership: Legal right to use, enjoy, and transfer property (a "bundle of rights"). Possession: Physical or constructive control over property. Acquisition Methods: Purchase, gift, inheritance, and adverse possession. Estates in Land and Future Interests: Estates in Land: Different types of ownership interests (freehold vs. non-freehold): Future Interests: Rights to property that begin in the future (e.g., reversion, remainder, executory interest). Landlord-Tenant Law: Types of Tenancies: Tenancy for years, periodic tenancy, tenancy at will, tenancy at sufferance. Rights and Duties: Eviction and Termination: Legal process required for eviction, tenants can terminate for violations (e.g., uninhabitable conditions). Real Estate Transactions: Purchase and Sale Agreements: Contracts detailing price, payment terms, contingencies, and title. Title and Deeds: Title shows ownership; deeds (warranty, quitclaim) transfer property. Financing and Mortgages: Real estate often bought with a mortgage; default can lead to foreclosure. Closing: Final step in transaction, where ownership is formally transferred. Land Use Regulation: Zoning Laws: Local regulations for land use (residential, commercial), building sizes, and setbacks. Environmental Regulations: Laws that regulate land development impacting natural resources (e.g., Clean Water Act). Private Controls: Covenants and restrictions set by developers or homeowners' associations that limit property use (e.g., design standards). Conclusion: Property law is comprehensive, balancing individual rights with societal needs. Essential for legal practitioners, real estate professionals, and anyone involved in property transactions or development. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

KMJ's Afternoon Drive
Newsome comes up with another terrible property law

KMJ's Afternoon Drive

Play Episode Listen Later Sep 26, 2024 9:39


Warehouse Bill Would Be Job Killer in Fresno. Leaders Call for Newsom's Veto    Please Subscribe + Rate & Review KMJ's Afternoon Drive with Philip Teresi & E. Curtis Johnson wherever you listen!  ---     KMJ's Afternoon Drive with Philip Teresi & E. Curtis Johnson is available on the KMJNOW app, Apple Podcasts, Spotify, Amazon Music or wherever else you listen.  ---   Philip Teresi & E. Curtis Johnson – KMJ's Afternoon Drive  Weekdays 2-6 PM Pacific on News/Talk 580 & 105.9 KMJ  DriveKMJ.com | Podcast | Facebook | X | Instagram  ---   Everything KMJ: kmjnow.com | Streaming | Podcasts | Facebook | X | Instagram  See omnystudio.com/listener for privacy information.

Philip Teresi Podcasts
Newsome comes up with another terrible property law

Philip Teresi Podcasts

Play Episode Listen Later Sep 26, 2024 9:39


Warehouse Bill Would Be Job Killer in Fresno. Leaders Call for Newsom's Veto    Please Subscribe + Rate & Review KMJ's Afternoon Drive with Philip Teresi & E. Curtis Johnson wherever you listen!  ---     KMJ's Afternoon Drive with Philip Teresi & E. Curtis Johnson is available on the KMJNOW app, Apple Podcasts, Spotify, Amazon Music or wherever else you listen.  ---   Philip Teresi & E. Curtis Johnson – KMJ's Afternoon Drive  Weekdays 2-6 PM Pacific on News/Talk 580 & 105.9 KMJ  DriveKMJ.com | Podcast | Facebook | X | Instagram  ---   Everything KMJ: kmjnow.com | Streaming | Podcasts | Facebook | X | Instagram  See omnystudio.com/listener for privacy information.

New Books Network
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books Network

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

New Books in Political Science
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books in Political Science

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science

New Books in American Studies
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books in American Studies

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies

New Books in Public Policy
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books in Public Policy

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

New Books in Law
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books in Law

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New Books in American Politics
Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

New Books in American Politics

Play Episode Listen Later Sep 18, 2024 51:26


In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices

Making Awesome - Inventors, makers, small business
Stratasys vs. Bambu Lab - Talking With An ATTORNEY!! - Making Awesome 203

Making Awesome - Inventors, makers, small business

Play Episode Listen Later Sep 17, 2024 82:28


We have @CovenMTG 's Seth Polansky, an ACTUAL IP ATTORNEY on to discuss the implications of the @Stratasys vs. @BambuLab lawsuit from a legal perspective! Some about Seth: Seth Polansky has been a member of the Foundry General Council team since 2017, bringing nearly 20 years of experience in intellectual property, corporate, and contract law. On the corporate side, Seth's extensive background includes advising a range of businesses from startups to large government contractors. He has negotiated successful outcomes with domestic and international entities, including the US government, the UK government, and multiple state agencies. Seth also has significant experience in the arts and entertainment fields, advising illustrators, filmmakers, production companies, authors, and artists of all types. He counsels small business and artists in securing copyrights, trademarks, and intellectual property rights and regularly aids in the negotiation of contracts. Prior to joining Foundry, Seth served as General Counsel for Cellcrypt, a multinational conglomerate and leading provider of voice encryption technology. In this capacity, he was responsible for contracts, venture capital financing, board secretarial duties, export control, and general corporate legal strategy. He also worked as the Director of Contracts for CSC, one of the world's largest technology companies, where he managed all aspects of proposals, contracts, and subcontracts for hundreds of millions of dollars of US Federal and State government business. Seth also served as Deputy General Counsel for GAVI Fund, a nonprofit funded by the Bill and Melinda Gates Foundation, which provides immunizations to developing nations. In addition to being a key member of the Foundry team, Seth teaches Contracts and Property Law classes at industry conventions across the country, and has been an adjunct professor for the University of Maryland's advanced degree program in Project Management. He also as a Lynda.com/LinkedIn Learning Course https://www.linkedin.com/learning/contracting-for-creatives Main channel video on Stratasys vs. Bambu Lab: https://youtu.be/ZrNMiSZPsNA A HUGE Thank you to the Filament Sponsor of these streams, @printedsolid ! Check them out: https://printedsolid.com __________________________________ Do you have an idea you want to get off the ground? Reach out to the Making Awesome Podcast through https://3DMusketeers.com/podcast and someone will get you set up to be a guest!

Eminent Domain
130: Prof. Ilya Somin on Briefing in Kelo, Exclusionary Zoning, and Finding Common Ground in Property Law

Eminent Domain

Play Episode Listen Later Sep 16, 2024 52:53


Professor Ilya Somin of George Mason University and the Cato Institute discusses his work in drafting amicus papers in the Kelo case, working with Jane Jacobs, writing a book on Kelo (The Grasping Hand) a decade after the decision, and his current work on the costs of exclusionary zoning. Throughout, Bobby and Prof. Somin discuss the common ground that otherwise-differing philosophies find in property law.   Links: https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya  https://www.cato.org/people/ilya-somin https://www.theatlantic.com/ideas/archive/2024/06/constitutional-case-against-exclusionary-zoning/678659/  https://www.amazon.com/Grasping-Hand-London-Limits-Eminent/dp/022642216X/ref=tmm_pap_swatch_0?_encoding=UTF8&dib_tag=se&dib=eyJ2IjoiMSJ9.Av65EcHKeo7CqGfLDs_9-g.tENW9VkASB1jBty2_iVzTu5b5-S5ECKGI_CBiubYZHA&qid=1724864661&sr=1-1 

Law School
Property Law Chapter 12: Case Law and Practical Applications

Law School

Play Episode Listen Later Sep 16, 2024 36:27


Summary of Chapter 12: Case Law and Practical Applications. Chapter 12 explores the key principles of property law through landmark cases, real-world case studies, and practical problem-solving exercises. It emphasizes the importance of understanding legal precedents, such as Pierson v Post, Kelo v City of New London, and Shelley v Kraemer, which have shaped modern property law doctrines related to possession, eminent domain, and anti-discrimination in housing. Landmark Cases in Property Law highlight the evolution of legal concepts like ownership, possession, and public use. These foundational rulings offer key takeaways, such as defining what constitutes possession (as in Pierson v Post), broadening the scope of public use for eminent domain (as in Kelo v City of New London), and prohibiting racially restrictive covenants (as in Shelley v Kraemer). These cases serve as crucial reference points for current property disputes and legal reasoning. Practical Application through Case Studies offers a look at common property law disputes and their resolutions. Case studies cover topics such as Residential Lease Disputes, where tenants might contest retaliatory eviction or demand repairs under habitability laws. Adverse Possession Claims discuss how long-term, open use of land can transfer ownership from one party to another. Zoning Challenges explore legal battles between property owners and municipalities over land use regulations, often involving requests for zoning variances. In Hypotheticals and Problem-Solving, the chapter introduces exercises that require drafting legal documents, negotiating property rights, and resolving disputes. For example, exercises in Drafting Lease Agreements focus on including clauses about rent, repairs, security deposits, and tenant rights. Negotiating Easements teaches how to balance landowner and easement-holder interests, while Analyzing Title Issues delves into resolving disputes over unresolved liens or boundary issues. Chapter 12 provides a comprehensive exploration of landmark cases in property law, real-world case studies, and practical exercises that highlight the application of legal principles. Understanding the evolution of property law through significant cases, such as Pierson v Post and Kelo v City of New London, allows legal practitioners to navigate the complexities of modern property disputes. The chapter also emphasizes the importance of practical problem-solving skills in legal practice, from drafting lease agreements to resolving title issues, offering a well-rounded approach to mastering property law. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 11:Special Issues in Property Law (Part 1)

Law School

Play Episode Listen Later Sep 12, 2024 19:40


Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 11:Special Issues in Property Law (Part 2)

Law School

Play Episode Listen Later Sep 12, 2024 18:42


Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. Navigating the diverse legal frameworks in different countries is essential for securing property rights and ensuring compliance with international agreements. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 11:Special Issues in Property Law (Part 3)

Law School

Play Episode Listen Later Sep 12, 2024 19:22


Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate planning, bankruptcy, and international considerations. These topics are crucial for understanding the broader implications of property ownership and transfers under specific circumstances. In community property states, property acquired during marriage is considered jointly owned by both spouses, regardless of who earned the income or purchased the assets. The chapter details how community property laws govern the ownership and division of assets in marriage, with a particular focus on: Equal Ownership: Each spouse holds an equal share of any property acquired during the marriage. Separate Property: Assets owned before marriage or obtained through gifts or inheritance remain separate. Division upon Divorce or Death: Community property is divided equally upon divorce or may be passed to heirs when a spouse dies. The chapter also explores variations in community property laws across different jurisdictions, as well as the role of prenuptial and postnuptial agreements in defining marital property rights. Trusts are a key tool in estate planning, allowing property to be managed and distributed according to the wishes of the grantor. This section outlines the different types of trusts, including revocable and irrevocable trusts, and their use in efficiently managing assets, avoiding probate, and offering tax advantages. Key points include: Revocable Trusts: These can be changed or revoked during the grantor's lifetime, offering flexibility in estate planning. Irrevocable Trusts: Once established, these trusts cannot be altered, providing stronger asset protection and potential tax benefits. Trustee's Role: The trustee has a fiduciary responsibility to manage trust assets for the beneficiaries' benefit. Trusts play a crucial role in estate planning, enabling smooth asset distribution and helping to avoid the time-consuming and expensive probate process. When individuals or businesses file for bankruptcy, property rights and creditor claims are governed by bankruptcy laws. This section explains how property is handled in bankruptcy proceedings, including: Exemptions: Certain types of property, such as a primary residence or retirement accounts, may be protected from creditors. Automatic Stay: Bankruptcy initiates an automatic stay, halting foreclosure, repossession, and other collection activities while the bankruptcy is being processed. Role of the Bankruptcy Trustee: The trustee manages the debtor's non-exempt property, liquidating assets to repay creditors. The chapter also contrasts the treatment of property in Chapter 7 (liquidation) and Chapter 13 (restructuring) bankruptcies, highlighting how different types of bankruptcy affect the retention or sale of property. International property law adds layers of complexity to cross-border transactions and IP protection. This section delves into the challenges and legal requirements of owning property and managing intellectual property rights across different jurisdictions. Key issues include: Foreign Ownership Restrictions: Some countries impose limits on foreign ownership of land or property, especially in sensitive areas like coastal or border regions. Cross-Border Property Transactions: Transactions involving foreign property must adhere to both domestic laws and any applicable international treaties, and they often involve complex tax and registration issues. International IP Treaties: Intellectual property rights are often protected through international treaties like the Berne Convention for copyrights and the Paris Convention for industrial property. Navigating the diverse legal frameworks in different countries is essential for securing property rights and ensuring compliance with international agreements. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Afternoons with Helen Farmer
Suicide Awareness Month

Afternoons with Helen Farmer

Play Episode Listen Later Sep 9, 2024 81:13


We're bringing attention to a mental health issue that affects millions of people worldwide; joining us live in the studio are Clinical Psychologists Dr. Gurveen Ranger and Dr. Wafa Saoud from Sage Clinics Property focus today with Haus & Haus' Jake Walton and Mohammed Kawasmi , Real Estate Partner, Al Tamimi & Company And we meet an extraordinary 11-year-old STEM enthusiast from Abu Dhabi, Ehsan Adouane.See omnystudio.com/listener for privacy information.

Law School
Property Law Chapter 10: Intellectual Property and Other Intangible Rights (Part 2)

Law School

Play Episode Listen Later Sep 9, 2024 31:58


Summary of Chapter 10: Intellectual Property and Other Intangible Rights. Chapter 10 focuses on the various forms of intellectual property (IP) and other intangible rights, emphasizing their importance in protecting creative works, innovations, and business interests. The chapter is divided into several key sections, each exploring different aspects of IP law, including types of intellectual property, specific protections for copyrights, trademarks, and patents, and the role of trade secrets and licenses in the business world. Section 1: Types of Intellectual Property. This section provides an overview of the main types of intellectual property, which include: Copyrights: Protect original works of authorship such as literary, musical, and artistic creations. Copyright grants the creator exclusive rights to reproduce, distribute, and display their work, as well as to create derivative works. The protection lasts for the creator's lifetime plus an additional period, often 70 years. Trademarks: Safeguard brand identifiers like logos, names, and slogans used to distinguish goods or services in the marketplace. Trademarks protect the brand identity and help consumers distinguish between different products. Registration is required for full legal protection, and trademarks can be renewed indefinitely. Patents: Provide inventors with exclusive rights to their inventions, whether they are processes, machines, or new compositions. Patents typically last for 20 years from the filing date and prevent others from making, using, or selling the invention without permission. Trade Secrets: Protect confidential business information that provides a competitive advantage, such as formulas, processes, or customer lists. Unlike other forms of IP, trade secrets do not require registration but must be actively protected through confidentiality agreements and security measures. Section 2: Copyrights, Trademarks, and Patents. This section delves deeper into the protections, requirements, and enforcement mechanisms for copyrights, trademarks, and patents: Copyrights: Copyrights grant creators exclusive rights but come with limitations like fair use, which allows limited use without permission under certain conditions. Registration, while not mandatory, provides additional legal benefits, such as the ability to sue for statutory damages in cases of infringement. Trademarks: To be protected, a trademark must be distinctive and used in commerce. Trademarks require periodic renewal and must be enforced through legal action if infringed. The section also discusses the importance of maintaining and renewing trademarks to avoid losing protection. Patents: The process of obtaining a patent involves filing an application that details the invention, followed by a thorough examination to ensure it meets the criteria of novelty and usefulness. Patent infringement can lead to litigation, where patent holders can seek damages and injunctions to protect their rights. Section 3: Trade Secrets and Licenses. The final section explores the protection and commercialization of intellectual property through trade secrets and licenses: Trade Secrets: This section outlines strategies for protecting trade secrets, such as using confidentiality agreements (NDAs) and implementing robust security measures. It also covers the legal remedies available in cases of misappropriation, including injunctions, damages, and, in some cases, criminal penalties. Licenses: Licensing allows IP owners to grant others the right to use their IP in exchange for compensation. The section discusses different types of licenses, including exclusive, non-exclusive, and sublicenses, as well as franchising agreements. It also emphasizes the importance of negotiating licensing agreements carefully and enforcing the terms to ensure compliance and protect IP rights. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 10: Intellectual Property and Other Intangible Rights (Part 1)

Law School

Play Episode Listen Later Sep 9, 2024 30:57


Summary of Chapter 10: Intellectual Property and Other Intangible Rights. Chapter 10 focuses on the various forms of intellectual property (IP) and other intangible rights, emphasizing their importance in protecting creative works, innovations, and business interests. The chapter is divided into several key sections, each exploring different aspects of IP law, including types of intellectual property, specific protections for copyrights, trademarks, and patents, and the role of trade secrets and licenses in the business world. Section 1: Types of Intellectual Property. This section provides an overview of the main types of intellectual property, which include: Copyrights: Protect original works of authorship such as literary, musical, and artistic creations. Copyright grants the creator exclusive rights to reproduce, distribute, and display their work, as well as to create derivative works. The protection lasts for the creator's lifetime plus an additional period, often 70 years. Trademarks: Safeguard brand identifiers like logos, names, and slogans used to distinguish goods or services in the marketplace. Trademarks protect the brand identity and help consumers distinguish between different products. Registration is required for full legal protection, and trademarks can be renewed indefinitely. Patents: Provide inventors with exclusive rights to their inventions, whether they are processes, machines, or new compositions. Patents typically last for 20 years from the filing date and prevent others from making, using, or selling the invention without permission. Trade Secrets: Protect confidential business information that provides a competitive advantage, such as formulas, processes, or customer lists. Unlike other forms of IP, trade secrets do not require registration but must be actively protected through confidentiality agreements and security measures. Section 2: Copyrights, Trademarks, and Patents. This section delves deeper into the protections, requirements, and enforcement mechanisms for copyrights, trademarks, and patents: Copyrights: Copyrights grant creators exclusive rights but come with limitations like fair use, which allows limited use without permission under certain conditions. Registration, while not mandatory, provides additional legal benefits, such as the ability to sue for statutory damages in cases of infringement. Trademarks: To be protected, a trademark must be distinctive and used in commerce. Trademarks require periodic renewal and must be enforced through legal action if infringed. The section also discusses the importance of maintaining and renewing trademarks to avoid losing protection. Patents: The process of obtaining a patent involves filing an application that details the invention, followed by a thorough examination to ensure it meets the criteria of novelty and usefulness. Patent infringement can lead to litigation, where patent holders can seek damages and injunctions to protect their rights. Section 3: Trade Secrets and Licenses. The final section explores the protection and commercialization of intellectual property through trade secrets and licenses: Trade Secrets: This section outlines strategies for protecting trade secrets, such as using confidentiality agreements (NDAs) and implementing robust security measures. It also covers the legal remedies available in cases of misappropriation, including injunctions, damages, and, in some cases, criminal penalties. Licenses: Licensing allows IP owners to grant others the right to use their IP in exchange for compensation. The section discusses different types of licenses, including exclusive, non-exclusive, and sublicenses, as well as franchising agreements. It also emphasizes the importance of negotiating licensing agreements carefully and enforcing the terms to ensure compliance and protect IP rights. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Afternoons with Pippa Hudson
Legal Talk: Residential property law expert Marlon Shevelew on the Rental Tribunal

Afternoons with Pippa Hudson

Play Episode Listen Later Sep 9, 2024 14:02


Pippa speaks to Marlon Shevelew, a residential rental property law expert about the Rental Housing Tribunal. He gives an understanding of how to access it and for what.  See omnystudio.com/listener for privacy information.

Radio Maria Ireland
E120 | A Question of Law – Cora Sherlock – Understanding Property Law

Radio Maria Ireland

Play Episode Listen Later Sep 9, 2024 35:57


9th September, 2024 – Join Cora Sherlock, our resident legal expert is back to answer your legal questions! A Question of Law with Cora Sherlock is a podcast dedicated to answering your legal questions and providing insights into legal issues that impact your life. Hosted by solicitor Cora Sherlock, this show delves into the legal […] The post E120 | A Question of Law – Cora Sherlock – Understanding Property Law appeared first on Radio Maria Ireland.

Law School
Property Law Chapter 9: Transfer of Property (Part 2)

Law School

Play Episode Listen Later Sep 2, 2024 23:01


Summary of Chapter 9: Real Estate Transactions. Chapter 9 provides an in-depth exploration of the processes, legalities, and critical elements involved in real estate transactions, focusing on the essential components that ensure the successful transfer of property ownership. The chapter is divided into four main sections: 1. The Real Estate Contract. This section details the foundation of real estate transactions—the real estate contract. It discusses the essential elements required for a valid and enforceable contract, including offer and acceptance, consideration, legal description of the property, mutuality of obligation, legal purpose, and the competency of the parties involved. It also emphasizes the importance of contingencies, which are conditions that must be met for the transaction to proceed, such as financing approval, property inspections, appraisals, and title clearances. Different types of real estate contracts, including purchase agreements, options to purchase, lease agreements with an option to purchase, and land contracts, are also explained, highlighting their specific purposes and applications. 2. Financing and Mortgages. The second section focuses on the critical role of financing in real estate transactions, particularly through mortgages. It explains the structure and types of mortgages, such as fixed-rate mortgages, adjustable-rate mortgages (ARMs), and interest-only mortgages, and the process of obtaining a mortgage, from pre-approval and application to underwriting and closing. The section also covers the risks associated with mortgages, particularly foreclosure, and the various remedies available to borrowers who may face financial difficulties, including reinstatement, loan modification, refinancing, short sales, deeds in lieu of foreclosure, and bankruptcy. 3. Closing the Transaction. This section provides a comprehensive overview of the closing process, which is the final step in a real estate transaction where ownership is officially transferred from the seller to the buyer. It outlines the steps involved in closing, such as reviewing and signing documents, transferring funds, recording the deed, and issuing title insurance. Key documents in the closing process, including the deed, closing statement, mortgage note, title insurance policy, and affidavit of title, are discussed in detail. The role of the closing agent, who coordinates the entire process to ensure accuracy, legal compliance, and proper disbursement of funds, is also highlighted. 4. Foreclosure and Remedies. The final section explores foreclosure, the process by which a lender takes possession of a property due to the borrower's failure to make mortgage payments. It distinguishes between judicial and non-judicial foreclosure processes and outlines the typical foreclosure timeline, including notices of default and sale, the foreclosure sale itself, potential redemption periods, and eviction procedures. The chapter also discusses the borrower's rights and remedies to avoid foreclosure, such as reinstatement, loan modification, refinancing, short sales, deeds in lieu of foreclosure, bankruptcy, and forbearance. These remedies offer various ways for borrowers to address financial difficulties and potentially save their homes. Chapter 9 provides a detailed guide to understanding real estate transactions, from the creation of contracts to the financing, closing, and potential foreclosure processes. It emphasizes the importance of being informed and prepared at every stage to ensure a successful and legally sound property transfer. The chapter also highlights the significance of exploring all available remedies in foreclosure situations to protect property rights and financial stability. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 9: Transfer of Property (Part 1)

Law School

Play Episode Listen Later Sep 2, 2024 23:11


Summary of Chapter 9: Real Estate Transactions. Chapter 9 provides an in-depth exploration of the processes, legalities, and critical elements involved in real estate transactions, focusing on the essential components that ensure the successful transfer of property ownership. The chapter is divided into four main sections: 1. The Real Estate Contract. This section details the foundation of real estate transactions—the real estate contract. It discusses the essential elements required for a valid and enforceable contract, including offer and acceptance, consideration, legal description of the property, mutuality of obligation, legal purpose, and the competency of the parties involved. It also emphasizes the importance of contingencies, which are conditions that must be met for the transaction to proceed, such as financing approval, property inspections, appraisals, and title clearances. Different types of real estate contracts, including purchase agreements, options to purchase, lease agreements with an option to purchase, and land contracts, are also explained, highlighting their specific purposes and applications. 2. Financing and Mortgages. The second section focuses on the critical role of financing in real estate transactions, particularly through mortgages. It explains the structure and types of mortgages, such as fixed-rate mortgages, adjustable-rate mortgages (ARMs), and interest-only mortgages, and the process of obtaining a mortgage, from pre-approval and application to underwriting and closing. The section also covers the risks associated with mortgages, particularly foreclosure, and the various remedies available to borrowers who may face financial difficulties, including reinstatement, loan modification, refinancing, short sales, deeds in lieu of foreclosure, and bankruptcy. 3. Closing the Transaction. This section provides a comprehensive overview of the closing process, which is the final step in a real estate transaction where ownership is officially transferred from the seller to the buyer. It outlines the steps involved in closing, such as reviewing and signing documents, transferring funds, recording the deed, and issuing title insurance. Key documents in the closing process, including the deed, closing statement, mortgage note, title insurance policy, and affidavit of title, are discussed in detail. The role of the closing agent, who coordinates the entire process to ensure accuracy, legal compliance, and proper disbursement of funds, is also highlighted. 4. Foreclosure and Remedies. The final section explores foreclosure, the process by which a lender takes possession of a property due to the borrower's failure to make mortgage payments. It distinguishes between judicial and non-judicial foreclosure processes and outlines the typical foreclosure timeline, including notices of default and sale, the foreclosure sale itself, potential redemption periods, and eviction procedures. The chapter also discusses the borrower's rights and remedies to avoid foreclosure, such as reinstatement, loan modification, refinancing, short sales, deeds in lieu of foreclosure, bankruptcy, and forbearance. These remedies offer various ways for borrowers to address financial difficulties and potentially save their homes. Chapter 9 provides a detailed guide to understanding real estate transactions, from the creation of contracts to the financing, closing, and potential foreclosure processes. It emphasizes the importance of being informed and prepared at every stage to ensure a successful and legally sound property transfer. The chapter also highlights the significance of exploring all available remedies in foreclosure situations to protect property rights and financial stability. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 8: Transfer of Property (Part 1)

Law School

Play Episode Listen Later Aug 23, 2024 21:03


Summary of Chapter 8: Landlord and Tenant Law. Chapter 8: Landlord and Tenant Law delves into the legal framework governing the relationship between landlords and tenants, focusing on the rights and responsibilities of both parties, the intricacies of lease agreements, the process of eviction, tenant protections, and the financial aspects like rent control and security deposits. Section 1: Rights and Duties of Landlords and Tenants. This section outlines the fundamental duties and obligations that landlords and tenants must fulfill to maintain a lawful and functional rental relationship: Landlord's Duties: Landlords are responsible for providing habitable premises, making necessary repairs, and respecting tenants' privacy. They must ensure that the property meets health and safety standards, respond promptly to repair requests, and provide adequate notice before entering the rental property. Tenant's Duties: Tenants are obligated to pay rent on time, maintain the property in good condition, and comply with the terms of the lease. They must report any repair issues promptly, avoid causing damage beyond normal wear and tear, and adhere to restrictions outlined in the lease, such as pet policies or the prohibition of subletting. Section 2: Lease Agreements and Terms. This section explains the critical components of lease agreements and the importance of clear terms to avoid disputes: Essential Components of a Lease Agreement: A valid lease must include the duration of the lease, rent and payment terms, use of the property, security deposits, and maintenance responsibilities. These components ensure both parties understand their rights and obligations throughout the tenancy. Modifications to Lease Terms: Lease terms may need to be modified due to changing circumstances. Such modifications must be mutually agreed upon and documented in writing to be legally enforceable. Changes must also comply with state and local laws to remain valid. Section 3: Eviction and Tenant Protections. This section covers the legal processes and protections related to eviction, one of the most contentious aspects of landlord-tenant relationships: Grounds for Eviction: Legitimate grounds for eviction include nonpayment of rent, lease violations, and illegal activities on the premises. The eviction process must start with the proper notice, such as a notice to pay or quit, notice to cure or quit, or an unconditional quit notice for severe violations. Eviction Process: The eviction process involves issuing a notice, filing an eviction lawsuit, attending a court hearing, and enforcing the eviction order if necessary. Landlords must follow legal procedures precisely to avoid delays or dismissal of the eviction. Tenant Protections: Tenants have several protections, including the right to contest evictions in court, protection against retaliatory eviction, and access to legal assistance. These protections ensure that tenants are not unfairly removed from their homes and that their legal rights are respected. Section 4: Rent Control and Security Deposits. This section focuses on the financial aspects of the landlord-tenant relationship, particularly rent control laws and the handling of security deposits: Rent Control: Rent control laws limit the amount and frequency of rent increases, helping to ensure housing affordability in high-demand markets. These laws vary by jurisdiction and often include rules on permissible rent increases, exemptions, and advance notice requirements. Security Deposits: Security deposits are funds held by the landlord to cover potential damages or unpaid rent. State laws regulate the amount that can be charged, how the deposit must be held, and the conditions for its return. Landlords are required to return the security deposit within a specified period after the lease ends, providing an itemized statement of any deductions. Chapter 8: Landlord and Tenant Law provides a comprehensive guide to the legal rights and responsibilities of bo --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 8: Transfer of Property (Part 2)

Law School

Play Episode Listen Later Aug 23, 2024 20:59


Summary of Chapter 8: Landlord and Tenant Law. Chapter 8: Landlord and Tenant Law delves into the legal framework governing the relationship between landlords and tenants, focusing on the rights and responsibilities of both parties, the intricacies of lease agreements, the process of eviction, tenant protections, and the financial aspects like rent control and security deposits. Section 1: Rights and Duties of Landlords and Tenants. This section outlines the fundamental duties and obligations that landlords and tenants must fulfill to maintain a lawful and functional rental relationship: Landlord's Duties: Landlords are responsible for providing habitable premises, making necessary repairs, and respecting tenants' privacy. They must ensure that the property meets health and safety standards, respond promptly to repair requests, and provide adequate notice before entering the rental property. Tenant's Duties: Tenants are obligated to pay rent on time, maintain the property in good condition, and comply with the terms of the lease. They must report any repair issues promptly, avoid causing damage beyond normal wear and tear, and adhere to restrictions outlined in the lease, such as pet policies or the prohibition of subletting. Section 2: Lease Agreements and Terms. This section explains the critical components of lease agreements and the importance of clear terms to avoid disputes: Essential Components of a Lease Agreement: A valid lease must include the duration of the lease, rent and payment terms, use of the property, security deposits, and maintenance responsibilities. These components ensure both parties understand their rights and obligations throughout the tenancy. Modifications to Lease Terms: Lease terms may need to be modified due to changing circumstances. Such modifications must be mutually agreed upon and documented in writing to be legally enforceable. Changes must also comply with state and local laws to remain valid. Section 3: Eviction and Tenant Protections. This section covers the legal processes and protections related to eviction, one of the most contentious aspects of landlord-tenant relationships: Grounds for Eviction: Legitimate grounds for eviction include nonpayment of rent, lease violations, and illegal activities on the premises. The eviction process must start with the proper notice, such as a notice to pay or quit, notice to cure or quit, or an unconditional quit notice for severe violations. Eviction Process: The eviction process involves issuing a notice, filing an eviction lawsuit, attending a court hearing, and enforcing the eviction order if necessary. Landlords must follow legal procedures precisely to avoid delays or dismissal of the eviction. Tenant Protections: Tenants have several protections, including the right to contest evictions in court, protection against retaliatory eviction, and access to legal assistance. These protections ensure that tenants are not unfairly removed from their homes and that their legal rights are respected. Section 4: Rent Control and Security Deposits. This section focuses on the financial aspects of the landlord-tenant relationship, particularly rent control laws and the handling of security deposits: Rent Control: Rent control laws limit the amount and frequency of rent increases, helping to ensure housing affordability in high-demand markets. These laws vary by jurisdiction and often include rules on permissible rent increases, exemptions, and advance notice requirements. Security Deposits: Security deposits are funds held by the landlord to cover potential damages or unpaid rent. State laws regulate the amount that can be charged, how the deposit must be held, and the conditions for its return. Landlords are required to return the security deposit within a specified period after the lease ends, providing an itemized statement of any deductions. Chapter 8: Landlord and Tenant Law provides a comprehensive guide to the legal rights and responsibilities of bo --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 7: Transfer of Property (Part 1)

Law School

Play Episode Listen Later Aug 15, 2024 26:01


Summary of Chapter 7: Transfer of Property. Chapter 7 explores the various methods of transferring property ownership, focusing on sales, gifts, and devises. Each method involves specific legal processes, requirements, and implications that ensure the effective and legal transfer of property rights from one party to another. 1. Transfer of Property by Sale: Sales Contract: The sales process begins with a legally binding contract between the buyer and seller, which must include essential elements such as the names of the parties, a description of the property, the purchase price, and any contingencies (e.g., financing or inspection). The contract also involves earnest money as a deposit to show the buyer's commitment. Closing the Sale: The closing process involves a title search to confirm clear ownership, the purchase of title insurance, the signing of closing documents (including the deed and mortgage), the transfer of funds, and the recording of the deed in public records to finalize the sale and protect the buyer's interest. 2. Transfer of Property by Gift: Legal Requirements for Gifts: A valid gift must involve the grantor's intent to transfer ownership, delivery of the property to the grantee, and the grantee's acceptance of the gift. Unlike a sale, no consideration (payment) is involved. Tax Implications of Gifts: The chapter discusses the federal gift tax, including annual exclusions and lifetime exemptions, which can reduce or eliminate tax liability. The grantee's basis in the property (usually the same as the grantor's) is crucial for calculating capital gains if the property is later sold. 3. Transfer of Property by Devise: Creating a Valid Will: Property can be transferred through a will after the owner's death. A valid will requires testamentary capacity, clear intent, and adherence to legal formalities, including the signature of witnesses. Probate Process: The probate process involves filing the will with the court, appointing an executor, inventorying and valuing the estate, paying debts and taxes, distributing assets to beneficiaries, and closing the estate. This process ensures that the property is transferred according to the deceased's wishes and legal obligations are fulfilled. Overall, Chapter 7 provides a comprehensive guide to the legal mechanisms involved in transferring property ownership, highlighting the importance of understanding and adhering to the specific requirements and procedures for each method to ensure a smooth and legally binding transfer. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Property Law Chapter 7: Transfer of Property (Part 2)

Law School

Play Episode Listen Later Aug 15, 2024 25:47


Summary of Chapter 7: Transfer of Property. Chapter 7 explores the various methods of transferring property ownership, focusing on sales, gifts, and devises. Each method involves specific legal processes, requirements, and implications that ensure the effective and legal transfer of property rights from one party to another. 1. Transfer of Property by Sale: Sales Contract: The sales process begins with a legally binding contract between the buyer and seller, which must include essential elements such as the names of the parties, a description of the property, the purchase price, and any contingencies (e.g., financing or inspection). The contract also involves earnest money as a deposit to show the buyer's commitment. Closing the Sale: The closing process involves a title search to confirm clear ownership, the purchase of title insurance, the signing of closing documents (including the deed and mortgage), the transfer of funds, and the recording of the deed in public records to finalize the sale and protect the buyer's interest. 2. Transfer of Property by Gift: Legal Requirements for Gifts: A valid gift must involve the grantor's intent to transfer ownership, delivery of the property to the grantee, and the grantee's acceptance of the gift. Unlike a sale, no consideration (payment) is involved. Tax Implications of Gifts: The chapter discusses the federal gift tax, including annual exclusions and lifetime exemptions, which can reduce or eliminate tax liability. The grantee's basis in the property (usually the same as the grantor's) is crucial for calculating capital gains if the property is later sold. 3. Transfer of Property by Devise: Creating a Valid Will: Property can be transferred through a will after the owner's death. A valid will requires testamentary capacity, clear intent, and adherence to legal formalities, including the signature of witnesses. Probate Process: The probate process involves filing the will with the court, appointing an executor, inventorying and valuing the estate, paying debts and taxes, distributing assets to beneficiaries, and closing the estate. This process ensures that the property is transferred according to the deceased's wishes and legal obligations are fulfilled. Overall, Chapter 7 provides a comprehensive guide to the legal mechanisms involved in transferring property ownership, highlighting the importance of understanding and adhering to the specific requirements and procedures for each method to ensure a smooth and legally binding transfer. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

WealthTalk
Understanding the Legal Side of Auctions w/ Julie Condliffe

WealthTalk

Play Episode Listen Later Jul 31, 2024 40:50


In this episode of WealthTalk, we chat with Julie Condliffe, a best-selling author and award-winning solicitor from Creative Legals. Julie shares her remarkable journey from homelessness to becoming a leading property investor and legal expert.She provides invaluable insights into property auctions, including common pitfalls, essential legal documents, and the importance of due diligence. Julie also explains the differences between freehold and leasehold properties and how to handle service charges and rental arrears. Her strategies for turning auction purchases into profitable investments and empowering women in property investment are must-hear advice.This episode is packed with practical advice for both seasoned investors and newcomers, helping you make informed decisions and maximise returns on property investments.Resources Mentioned In This Episode:>> Julie Condliffe [Linkedin]>> Auction Legal Pack>> WT226: ‘Brand New! Wheel Of Wealth'Next Steps On Your Wealth Building Journey:>> Join the WealthBuilders Facebook Community>> Become a member of WealthBuildersIf you have been enjoying listening to WealthTalk - Please Leave Us A Review!

Afternoons with Helen Farmer
Rehab after weight-loss jabs abuse

Afternoons with Helen Farmer

Play Episode Listen Later Jul 22, 2024 64:30


Treatment centres in the UK are seeing a rise in patients suffering from disordered eating and addiction following use of Ozempic and Mounjaro so we speak with Internal Medicine specialist Dr Aarti Javeri of Sustain Health to shed light on the controversial use of weight loss medications We meet Dubai-based filmmaker Zenofar Fathima who's on a mission to address social issues through films How can you get the best rates when buying property? Haus & Haus' managing director Charlie Bannan guides us Lawyer Jayshree Gupta answers all your legal questions And we continue our summer camp roundup and bring you to pottery classes.See omnystudio.com/listener for privacy information.

How Did They Do It? Real Estate
SA954 | Protect Your Assets and Maintain Your Entities with Ted and Garrett Sutton

How Did They Do It? Real Estate

Play Episode Listen Later May 10, 2024 36:05


Be ready to learn how to protect your assets and wealth as we're joined by a father and son duo today, Ted and Garrett Sutton.Ted and Garrett discuss asset protection, setting up LLCs, its ideal structure for investors, and the rules everyone should follow under the Corporate Transparency Act. Listen ‘till the end of our conversation to know how to protect your investments for the long term!Key Points & Relevant TopicsWhat is asset protection and how it worksWhy Wyoming is considered a great place for asset protection and holding LLC How it works when someone has an LLC from a different stateThe Wyoming LLC privacy and anonymityThe ideal LLC structure for investors with multiple propertiesWhat is the Corporate Transparency Act and the purpose of this Federal lawReporting of information for an LLC with multiple investorsWhy understanding the rules under the Corporate Transparency Act is crucial for investorsResources & LinksGarrett Sutton's BooksDownload Ted's e-book “Five Tricks To Teach Your Kids About Money by visiting https://www.sunnstream.com/five-tricks. Apartment Syndication Due Diligence Checklist for Passive InvestorAbout Ted and Garrett SuttonGARRETT SUTTON has sold more than a million books to guide entrepreneurs and investors. His best sellers include Start Your Own Corporation, Loopholes of Real Estate, and Veil Not Fail. For more than 30 years, he has run his practice assisting entrepreneurs and real estate investors in protecting their assets. The companies he founded, Corporate Direct and Sutton Law Center, currently help more than 14,000 clients protect their assets and maintain their entities, especially under the new Corporate Transparency Act.  Garrett also serves as a member of the elite group of “Rich Dad Advisors” for best-selling author Robert Kiyosaki. A number of the books Garrett Sutton has authored are part of the best-selling Rich Dad, Poor Dad wealth-building book series.  TED SUTTON is a licensed attorney who is the son of Garrett Sutton. Ted was born and raised in Reno, NV. He graduated from the University of Utah with a B.S. in Mining Engineering. During one of his summers, he spent three months working at a mine in Chile. This experience made him realize that legal matters interested him more than engineering ones. After graduating in 2018, he decided to attend law school the following year.  Ted attended the University of Wyoming College of Law. In his third year, he served as the Student Director of the Business Entrepreneurship Practicum, where he helped clients form and maintain LLCs. He graduated in May 2022. Ted is now licensed to practice law in Wyoming and Nevada. Ted has been focused on making sure Corporate Direct's clients properly file under the Corporate Transparency Act. Get in Touch with Ted and Garrett Website: https://corporatedirect.com/ / https://sutlaw.com/ YouTube: Corporate DirectTo Connect With UsPlease visit our website www.bonavestcapital.com and click here to leave a rating and written review!

GovLove - A Podcast About Local Government
#611 Planning Law Careers in Local, State, and Federal Government

GovLove - A Podcast About Local Government

Play Episode Listen Later Mar 15, 2024 88:05


A panel of government planning lawyers joined to podcast to share their experiences in local, state, and federal planning law. They shared their career paths along with what they do in their current positions. The panel included: Tina Axelrad, Zoning Administrator for the City and County of Denver, CO; Samuel Capasso, Community Infrastructure Resilience Branch Chief for FEMA; Nestor Davidson, Professor of Real Estate, Land Use and Property Law at Fordham University; Daniel Arking, Assistant Corporation Counsel for the City of Detroit, MI; and Kimberly Mickelson, Chair for the Government Law Section of the State Bar of Texas. Host: Dan Bolin