What are grandfathered rights?

A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in.

What does it mean when a property is non conforming?

A nonconforming use is a use of property that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use. State law does not regulate nonconforming uses, structures, or lots.

Can a property owner control the use of the property?

Owners control the use of their properties, but they must adhere to any subdivision or homeowner association covenants and restrictions that apply. For example, you can’t control your property by storing car bodies there if your covenants preclude this.

What are the rights of adjoining property owners?

In general, the underlying theme is that adjoining landowners are expected to use their property reasonably without unduly interfering with the rights of the owners of contiguous land.

Can a joint owner exclude others from a property?

A joint owner who is in sole possession of the property may not exclude other owners in the use and possession of the property. If this were to occur, the owner doing so would be liable to pay rent to the other joint owners, as this is referred to as an ouster. However, the right to exclude all others from the property, is valid.

Who is the owner of the property when you buy it?

A property is owned by whoever holds the title. It’s yours if you close a real estate deal for cash and have the title in your hands because there’s no mortgage note or lien against it. This isn’t the case if you take out a mortgage to purchase the home, however.

What is the name of the office that records deeds of ownership?

The government office that records property transfers, deeds of ownership and other legal documents is known as the recorder’s office or, in some counties, the registrar of deeds.

Where can I find a record of ownership of a property?

The tax assessor’s office holds a record of ownership for all the properties that are assessed for property taxes in the city or county of its jurisdiction. Members of the public are entitled to search information relating to tax rates, tax exemptions, property assessment value and tax liens free of charge.

Who is entitled to property owned before marriage?

It is easy to think that the spouse who owned something before marriage gets it, but it is not that simple. State laws vary, but the following is how courts generally make the decision about who gets title to such assets. Courts divide property into two broad categories: separate and marital.

When does a non-owner spouse have a right to the property?

The non-owner spouse does not have any possessory right in the property until the owner spouse dies and the surviving non-owner spouse makes the election under the statute. It is very rare that the right would ever be exercised.