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The Uniform Common Interest Ownership Act was created to provide a model set of laws to govern condominium, cooperative, homeowner association and planned unit development communities in the United States. Variations of the act have been adopted in Colorado, Washington (state), and some other states.
Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
Examples are those getting the property as a gift and heirs. Also, those who purchase ownership interests in the owners of the property, such as shares of stock in a corporation owning the land, have not purchased an interest in the property itself and so are unprotected. Also, recording laws generally do not protect purchasers against real ...
A homeowner association (or homeowners' association [HOA], sometimes referred to as a property owners' association [POA], common interest development [CID], or homeowner community) is a private, legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents. [1]
The frustrations that Georgia condominium owners are voicing have led to a bill in the state legislature to curtail HOAs authority to foreclose on residents who violate the condominium rules ...
Lawyers representing the property owners and the No Railroad in Our Community Coalition, which formed to stop the railroad’s construction, say that Sandersville has not met the requirements of Georgia’s eminent domain law. The law requires the company to show that the railroad will serve a public use and needs the line for business.
In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to ...
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