Blog Archives

Distress is a common law right of the landlord, now regulated by statute, to seize a tenant’s goods and chattels in a nonjudicial proceeding to satisfy an arrears of rent

Posted in *All Posts, Property, Real-estate, Remedy

Conversion is the wrongful exercise of dominion and control over property owned by another in a manner inconsistent with the owners’ rights

Posted in *All Posts, Conversion, Property

Personal property acquired during the marriage does not automatically becomes joint property

Posted in *All Posts, *Published case, Divorce, Equitable-distribution, Property

A fund deposited with the court is not an asset of the depositing party, but is a fund subject to disposition by the court

Posted in *All Posts, Litigation, Property

Where an asset was sold to a relative, it raises the obvious spectre that the sale was not an arms-length transaction in which the property was sold at fair market value

Posted in *All Posts, Asset Valuation, Divorce, Equitable-distribution, Property, Real-estate

Generally, the measure of damages for the negligent destruction of personal property is the difference between its market value before and after the injury

Posted in *All Posts, Damages, Property

The laws of the place where international property is situate exclusively govern in respect to the rights of the parties, the modes of transfer, and the solemnites which should accompany them

Posted in *All Posts, Property, Real-estate

An action for trespass arises upon the unauthorized entry on another’s property, real or personal

Posted in *All Posts, Property, Real-estate, Torts, Trespass

Either party to a joint account may withdraw funds from the account, and the bank has no obligation to inquire into either party’s contribution to the account or either party’s right to the funds

Posted in *All Posts, Elder Law, Property

A lawyer must appropriately safeguard the property of clients or third parties in his or her possession

Posted in *All Posts, Attorney-client-relationship, Property

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