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The privilege of Citizen's Arrest in New York is granted by statute to "any person," and is a right that a land-owner enjoys in addition to his privilege to use force "in defense of premises." (PL s. 35.10(6)). Private persons may only "arrest" those offenders who are in fact guilty of any "offense" (e.g., Trespass PL s 140.05 or ECL 11-2113).
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
Property Law in New York during the 17th Century colonial period was based upon manorialism. [1] [2] Manorialism was characterized by the vesting of legal and economic power in a Lord of the Manor, supported economically from his own direct landholding in a manor and from the obligatory contributions of a legally subject population of tenants and laborers under the jurisdiction of his manorial ...
Most property possessed is obtained with the consent of someone else who possessed it. They may have been purchased, received as gifts, leased, or borrowed. The transfer of possession of goods is called delivery. For land, it is common to speak of granting or giving possession. A temporary transfer of possession is called a bailment. Bailment ...
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 ...
In property law, lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid, or abandoned depending on the ...
For such items, possession is the simplest indication of title, unless the circumstances give rise to suspicion about the possessor's ownership of the item. Proof of legal acquisition, such as a bill of sale or purchase receipt, is contributory. The transfer of possession to a good faith purchaser will normally convey title if no document is ...
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...