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Ward K Johnson Law

Ward K Johnson Law

Bismarck ND Decoding Property Laws In the US
Property Lawyers Bismarck ND

Freedom in America came with the concept of private property. Ownership of property is therefore not just a legal right but the spirit of American freedom itself. The fifth and the fourteenth amendments are a true testament to America’s commitment to protecting property rights. Owning a property in America comes with a bundle of other rights. Property law aims to protect these rights with the help of property lawyers Bismarck ND. These laws are highly complex and have also undergone many amendments to suit the modern means of property ownership and disputes. Common law, State law, and the Constitution seek to protect property rights. These property rights include the right to acquire, use, and dispose of property freely. Be it a private dispute or the government taking over private land, property law provides for due process and fair compensation.

Property disputes in the United States of America refer to issues over ownership claims on two types of property: tangible and intangible property. Tangible property, also known as “real” property refers to disputes over land, buildings, and houses whereas intangible property refers to intellectual property. Real property deals with disputes related to land ownership and the use of land. Land ownership disputes arise after transfers occur. A transfer can happen either voluntarily or involuntarily. Voluntary transfer can happen via sale or through intestacy or Will upon the death of an owner. Involuntary transfers can happen as a result of foreclosures, adverse possession, and eminent domain.

Disputes can arise due to various reasons like government regulations, environmental calamities, and even fair housing. There are many legal ways via which real property rights are regulated. Property rights can also be voluntarily limited, granted, and shared via agreements like leases, easements, and conveyances like air rights.

Disputes under Property Law for the right to use real property can generally be solved via leasing, concessions, and licensing the right to use the property.

There are three different types of ownership under Property law in America:

  1. Fee Simple: This refers to full ownership of land. Fee simple continues indefinitely into the future and implies a present interest in the land.
  1. Defeasible Fee: This refers to a type of ownership that ends upon some event occurring. Examples of property ownership of this kind can be property donated to charity for a determined use and if the property is not being used for the reason it was given to charity, the ownership will come to an end. 

3. Life Estate: under this category, property, and rights over the land can be granted during the life of the tenant by a grantor. After the death, the estate can either return to the grantor or to another person. 

Property law does not necessarily have to be about sole ownership. The law also permits joint ownership at any given time. Property law also protects tenancy rights like tenancy in common, in which co-tenants have a right to possess the whole property. These rights come with responsibilities like paying property tax at the local and state level. Failure to pay such taxes can lead to the seizure of property by the municipality that is owed such property taxes. Hiring property lawyers Bismarck ND can be helpful here.

Property rights also extend the right to exclude other people from trespassing and the right to enjoy one’s own property.

Much has yet to be fully cemented in property law jurisprudence for the various issues of property rights. While common-law limits the right to free use, the spirit of property rights embodies complete enjoyment. A well-qualified property law firm Bismarck ND will be able to better navigate murky areas like these with intelligence and expertise.

You may find yourself on the receiving end of an acquisition letter or notices on your property or having to negotiate the value of your property. Sometimes the situation can also aggravate or escalate and you may find yourself being evicted or deprived of any and all economical use of your property. In such situations, having an experienced property lawyers Bismarck ND is very important. Property law firm Bismarck ND can help you defend your property against these wrongs. Property lawyers have significant knowledge and experience with property law related to issues like claiming ownership or receiving fair compensation. Hiring property lawyers Bismarck ND can help you navigate the complex inner workings of property law in America.