What is the law on the abandoned property? You are one of those unlucky people who become the victim of this crime. Or, you may just find yourself in possession of a piece of property that you did not even know existed.
The first thing you need to do when you are victims of an act of crime is to contact a qualified lawyer. A good lawyer would know what laws apply in your particular state and would know how to file a proper claim in the right court. This is especially true if the abandoned property was developed or inhabited by others.
If you have left your home or property for any reason and it was found to be abandoned, the government will definitely intervene in order to prevent the harm caused to the community. The owner of the property will be liable for damages. It is best to consult a lawyer when you think you might be dealing with a rogue landlord.
But, what is the law on abandoned property? It varies from state to state, but in most jurisdictions you can claim a considerable amount of compensation as compensation for physical and emotional damage caused by the act of abandonment. The property owner must prove to the court that he should be liable for the damages.
The person who was living in the property at the time of abandonment may also bring a claim for damages. There is a special rule applicable in cases where the property owner was mentally incapacitated at the time of abandonment. It is good to note that you cannot claim damages for loss of use value or enjoyment or for the value of the properties improvement.
Another type of claim would be for the actual value of the property. You can ask for the market value of the property. However, it is not mandatory to do so.
When there was no clear ownership of the property before the abandonment, the first claim may be on the right of survivorship. This is in the first instance based on the fact that the property was a joint tenancy. In some cases it is possible that the property was owned by a spouse or children.
If the claim for the value of the property is unsuccessful, a similar claim can be made for the equal value of the property that can be found elsewhere. It will depend on the property of which the claimant is unaware. If the property was of some importance to the owner, he/she may claim it in the value of the most valuable property.
The reason for the claim can be a broken window, a damaged roof, the smell of smoke from cooking and the like. The person suffering loss can seek compensation on the basis of a reasonable expectation of loss, personal damages, etc. Personal damages include psychological damage that can be suffered by the person as a result of the abandonment.
You will be able to find a good lawyer through your local bar association, or you can simply consult a lawyer on the internet. If you go this route, be sure to contact your lawyer before you decide on a particular claim. You should also learn as much as you can about your chosen lawyer and his/her experience.
What is the law on abandoned property? You should ask your lawyer exactly what is meant by the term “abandoned property”. In general, the property can be considered abandoned if it has been left with a trespasser or if the owner of the property willfully disregarded the statutory requirement to keep it in good condition and to use it for the best interests of the owner.
What is the law on abandoned property? A property that has been left with an owner is not a state of neglect, as long as he/she took all reasonable steps to see that the property was not neglected and that no other person may have disturbed the property. In any case, the property must be kept in such a way that it is in a state which can be expected to recover.