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WHAT IS ABANDONED PROPERTY?
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As opposed to lost property, discussed in last week's
column, abandoned property is generally defined as property to which the
owner has voluntarily relinquished all rights, with the intention of forever
terminating his ownership of the property. This intention must be
accompanied by a clear and unmistakable act by which the owner somehow
indicates a purpose to forever surrender ownership of the property.
Needless to say, it is much more difficult to prove
that an item has been abandoned than it is to prove that it has been
merely lost. This is because once the elements of an abandonment are
established, the property is presumed to have been abandoned and the
holder immediately acquires absolute ownership in the property. The former
owner cannot reclaim abandoned property. However, in the case of lost
property, the true owner can reclaim the lost property for up to one year
in most cases.
Under some Massachusetts' laws (statutes), some
particular kinds of property, such as money, security deposits and life
insurance proceeds, are not presumed to have been abandoned until certain
statutory conditions are met. Because these types of property are often of
high value, and one would not ordinarily abandon such property, the
statutes are designed to provide extra safeguards to ensure that such
valuable property has indeed been abandoned and not just forgotten by the
owner
WHAT IS "ADVERSE POSSESSION?"
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Many people are familiar with the phrase
"adverse possession" but few truly understand what it means. In
short, adverse possession is the acquiring of title (ownership) to land
through the passage of time. However, this definition is deceptively
simple. In order to establish ownership of land through adverse
possession, the person seeking to establish the ownership (the
"adverse possessor") must demonstrate that she possessed the
land of another in the following manner: (1) uninterruptedly, (2)
exclusively, (3) openly (in an unconcealed manner), and (4)
"adversely" (without the owner’s permission). Most
importantly, the adverse possessor must show that such a possession
continued for a period of at least twenty years. Thus, adverse possession
is extremely difficult to establish and must be evaluated on a
case-by-case basis.
In Massachusetts, unlike most states, land owned by
state and local government is usually subject to adverse possession. Also,
in limited situations, an adverse possessor who has possessed land less
than twenty years is entitled to add on ,or "tack," the previous
user’s adverse possession in order to reach the twenty year period.
However, one cannot obtain land by adverse possession if that land has
gone through the Land Court registration process such that the title is
"registered."
IS BANKRUPTCY THE RIGHT DECISION FOR YOU?
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Many people who have credit cards cannot even use
them because the available credit line is "maxed out," and has
been for some time. Many people acquire other credit cards in order to
continue being able to charge purchases. What happens next is that these
people are sometimes faced with having to use one credit card to pay the
payment due on another. These people suddenly find themselves in the rut
of paying only the "minimum amount due." If you are like others
in this situation, you keep paying and paying and yet, the balance seems
to remain the same. This is because the "minimum amount due"
barely pays the interest due on the balance.
Bankruptcy laws are designed to aid those people who
are drowned in debt and cannot get out from underneath its burden. After
consulting with an attorneys, you will have a clear picture if bankruptcy
is the best solution to your particular financial situation. Someone who
"goes bankrupt" is no longer is responsible for the payment of
most, if not all, of their debts, and his or her creditors can no longer
contact him or her about the amount owed. The bankruptcy laws give the
debtor a new and fresh start. On the downside, the person's credit is
damaged for approximately 10 years. However, if the person is in the
position where he or she is entitled to go bankrupt, then his or her
credit is probably already in bad condition. We have morning, daytime,
evening and weekend appointments available for consultations, which can be
by phone or by an office visit, whichever you prefer.
WHAT IS THE DIFFERENCE BETWEEN A "CHAPTER
7" AND A "CHAPTER 13" BANKRUPTCY?
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Most people are familiar with the basics of the
Federal bankruptcy system, but few people understand the difference
between a chapter 7, 11, or 13 bankruptcy. In short, the difference
depends on whom is filing for the bankruptcy and what chapter is the most
applicable to their situation.
For example, chapter 7 is available to both
businesses and individuals. It is the "liquidation" type
bankruptcy where a debtors "nonexempt" assets are available to
pay creditors. This type of bankruptcy is well suited to an individual who
has mostly assets that are exempt from the bankruptcy estate, and
therefore not available to pay creditors.
By contrast, chapter 13 is available only to
individuals and allows that individual to pay a small percentage of their
total debt off over a period of three to five years. This type of
bankruptcy is well suited to an individual or couple that own a home, a
nonexempt asset, and wish to retain it and also have too much income to
qualify for a Chapter 7 bankruptcy.
BUYING A HOME: ARE YOUR INTERESTS BEING REPRESENTED?
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An important question to ask when buying a home is,
"should I have my own lawyer?" Many buyers run into problems
after the closing because they were under the misconception that their
interests were being represented and taken care of by the bank's attorney.
These problems can involve unfavorable tax consequences, P&S Agreement
terms, etc. Unless otherwise agreed upon, the bank's attorney is hired by
the bank, and is primarily concerned with the bank's interests.
The purchase and sale of a home is not ordinarily a
confrontational process. As a result, buyers often feel a false sense of
security that the bank is "on their side." Banks are very
conscientious and fair in their dealings with the buyer. However, a buyer
must be aware that while many important issues are not applicable to the
bank's interests, they may seriously affect the buyer's interests and must
be addressed.
WHAT INJURIES ARE COVERED UNDER THE WORKERS' COMP.
LAW? Top
According to Massachusetts law, the workers'
compensation act applies to injuries "arising out of and in the
course of employment." Many lawsuits have centered on whether a
particular injury does in fact arise in this manner. The key question is
whether the employment duties placed the employee within the area of risk
which resulted in the injuries suffered. Whether the employer is at fault
is irrelevant.
Whether a particular injury is covered under the act
is determined on a case-by-case basis. For example, the act applies to
some lunch-hour injuries. If an employee is sent away on a business trip,
he or she is covered twenty-four hours per day, unless the employee is
injured while engaged an activity that is in no way related to the
business purpose of the trip. By contrast, injuries occurring while
traveling to and from work are generally covered only if the injury occurs
while on the employer's property.
YOUR RIGHTS UNDER THE HOME IMPROVEMENT CONTRACTOR LAW
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When choosing a home improvement contractor,
homeowners should ensure that the contractor they choose has complied with
the Massachusetts "Home Improvement Contractor Law." The law,
enacted in 1992, is designed to protect homeowners against unscrupulous
contractors and their shoddy work.
The law applies to many types of home improvement
work on one to four unit owner- occupied primary residences and
adjacent structures, such as detached garages. However, the statute does
not cover central heating and air conditioning work, energy
conservation devises, landscaping, interior painting, wall and floor
covering, fencing, above ground pools, shutters, awning, patios,
driveways, and freestanding masonry walls. Additionally, professionals who
are required to attain standards of competency and experience as a
condition to their license, such as plumbers and electricians, are not
covered.
The law's main device for protecting homeowners is a
requirement that contractors register with the Massachusetts Director of
Home Improvement Contract Registration. Contractors are required to
display their registration number on all advertising, contracts, and
permits, and all contractors are issued a valid registration card. At a
minimum, if a contractor has the wherewithal to register, it is a good
indication that the contractor is a reputable one.
The law requires covered home improvement contracts
over one thousand dollars to be in writing. Additionally, such contracts
must contain certain language, including language addressing a homeowner's
right to cancel the contract, a completion schedule, and a final cost.
Failure by the contractor to comply with the contract
language requirements or other provisions of the law may result in
suspension of contractor's registration and fines.
The act prohibits certain conduct on the part of the
contractor. For example, the contractor cannot substantially deviate from
the specifications contained in the contract without the consent of the
owner. Also, the contractor may not assist a homeowner's in obtaining
financing, if the financing is secured by a mortgage on the home.
If a homeowner is dissatisfied with the work of a
contractor, the law provides the homeowner with the option of taking the
dispute to arbitration. However, absent an agreement from the homeowner, a
contractor with a dispute with a homeowner does not have the arbitration
option. Arbitration can be a very attractive option to a homeowner,
because it is less time consuming and less expensive than an actual
lawsuit.
In order to ensure full protection under the law, the
homeowner should be sure that the contractor, and not the homeowner,
obtain any necessary building permits. If the homeowner obtains the
permit, he or she will lose the potential right to collect from the
"The Residential Contractor's Guaranty Fund." This fund is
funded from assessments paid by registered contractors and provides a
"last resort" for homeowner's who have been unable to collect a
judgment against a contractor despite all reasonable efforts to do so.
This article merely summarizes the detailed Home
Improvement Contractor Law. It is important to note that, if your home
improvement project is not covered by the statute, you are not without
recourse. If you are dissatisfied, you may have a remedy based upon breach
of contract, negligence, and Massachusetts consumer protection statutes.
WHAT IS "THE HOME IMPROVEMENT CONTRACTOR
LAW?" Top
Many home improvement contractors are unaware of
state Home Improvement Contractor Law. Most home improvement contractors
are covered under this law and are required to be registered with the
state. Generally, this law governs the conduct of these contractors when
dealing with homeowners. Failure to comply with the provisions of the law
could subject the contractor to triple damages, court costs, and
attorney's fees in a lawsuit filed by a homeowner. Also, the state is
given broad power to enforce this law through such means as suspension of
registration and assessment of fines.
If you are a home improvement contractor and are
unaware of whether you are complying with this law, the assistance of an
attorney could help ensure that you are adequately protecting yourself.
WHAT IS A "HOMESTEAD?"
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To most people, their home is their most valuable and
cherished asset, both financially and sentimentally. If you have ever
wondered if you have done enough to protect your family and your home,
consider acquiring a homestead to protect them. Even though you may have
mortgage on your home, you probably still have a financial interest in the
home in the form of "equity." Equity is that value above the
amount still owing on the bank's mortgage.
Under Massachusetts law, an owner of a home has the
right to acquire an "estate of homestead" on that home, as long
as the home is occupied as a principal residence. As the homestead statute
presently stands, up to $300,000 of the homestead owner's equity in the
home is kept out of the reach of creditors of various debts, as long as
the debt was acquired after the declaration of homestead. Certain
debts, however, are not covered by the homestead law, such as Federal and
state taxes.
However, homestead protection is not automatic. A
homeowner must file a "Declaration of Homestead" at the
appropriate Registry of Deeds in order to be afforded the protection that
a homestead affords.
SHOULD YOU INCORPORATE YOUR BUSINESS?
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Many people operate their businesses as sole
proprietorships or "DBA's" without ever considering the
advantages or disadvantages of incorporating their businesses. For
example, many business owners are unaware that their personal creditors
can often reach and attach their business assets if they operate as sole
proprietorships. Conversely, creditors of a sole proprietorship or DBA can
often reach and attach the personal assets of the business owner,
including the family home, if the assets of the business are insufficient
to cover the amount owed to the creditor. A properly formed and managed
corporation can avoid such problems. On the downside, corporations must
follow certain "corporate formalities" and are generally subject
to greater regulatory requirements than unincorporated businesses.
In deciding whether to incorporate, advice from
attorneys and accountants will allow the business owner to make a well
informed, intelligent decision. .
WHEN DOES A LAND USE RESTRICTION GO TOO FAR?
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The state or a municipality, through the use of its
"police power," has broad discretion to regulate the use of
private land to promote the public health, safety, welfare, or morals.
Zoning laws are a common example of the police power in action. However,
when a regulation goes too far, it will be considered a "taking"
of private property without just compensation. In such an instance, the
restriction is unconstitutional and the landowner must be compensated for
the loss.
Whether a regulation constitutes a taking is a
difficult question that is decided on a case- by-case basis. Generally, a
regulation on land use will be considered a taking if it strips the land
of all its practical value thereby leaving the owner only with the burden
of paying property taxes. Denial of only the best or most profitable land
use will not constitute a taking.
HOW DO YOU GO ABOUT CHOOSING THE RIGHT LAWYER?
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The choice of a lawyer is a very important decision.
Massachusetts law, and Federal law for that matter, is in a constant state
of shaping and reshaping. When choosing a lawyer, you must select one who
has kept abreast of these changes in the law.
An important question to ask when choosing a lawyer
is "how much of the work is actually being performed by
lawyers?" You must remain informed as to whom is doing work on your
case. At particularly critical stages of a case, you will feel secure to
know that a lawyer is handling the situation.
You should meet with the lawyer for an initial
consultation before hiring him or her. This will provide an opportunity
for you to meet the lawyer face to face. The success of your case is
dependent upon the utmost cooperation between you and your lawyer.
Additionally, you will learn what rates the lawyer charges for his or her
services, an important factor in choosing a lawyer.
FINDING LOST PROPERTY
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The general definition of lost property is property
which the true owner has involuntarily misplaced or left behind. This may
be through neglect, carelessness, inadvertence, accident or plain old
absent-mindedness. Whoever finds lost money or goods which are valued at
$3.00 or more, must report the finding to the police within 2 days. If
notification is thus made, and the owner does not appear within one year,
the property becomes that of the finder.
This duty of the finder to give notice also applies
to finders of stray animals. If the finder does not give proper
notification of the find as described above, she is not entitled to
compensation from the true owner for any expenses she may have incurred in
taking care of the stray animal. Anyone who finds a stray animal, learns
the identity of the true owner, conceals the animal until the owner offers
a reward, and then returns the animal and claims the reward, is guilty of
stealing (which may amount to larceny if the animal is worth $250 or
more). However, if the finder complies with the notice requirements, and
the true owner appears within three months of the find to claim the stray
animal, the finder is entitled to compensation from the owner for all
reasonable expenses incurred by the finder in taking care of the animal.
If no owner appears within one year, the stray animal becomes the property
of the finder, provided that the finder complied with the notification
requirements. Next week, we'll discuss abandoned property, which is
different from lost property.
MEDICAID ELIGIBILITY AND THE PRIMARY RESIDENCE
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The prospect of leaving the family home and entering
a nursing home is a realistic concern for many elderly people. What's
more, many elderly people face the prospect of losing their family home, a
most treasured asset, in order to qualify for the medicaid needed to pay
for their nursing home care. However, under current medicaid law, there
are situations where a person can retain their family home and still
qualify for medicaid eligibility.
For example, if the stay at the nursing home is not
permanent and an individual intends to return home, their primary
residence will not be a "countable asset" for the purposes of
determining medicaid eligibility. Also, if a person has long term care
insurance complying with medicaid regulations, the home will not be a
countable asset. The house will not be counted if the medicaid applicant's
spouse still lives in the home. There are also exceptions dealing with the
applicant's children, siblings, and other dependents.
MISLAID PROPERTY
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We have recently been making the distinction between
lost and abandoned property. When has property been merely mislaid? What's
the difference between something being lost and being mislaid? Lost
property is property which the owner has involuntarily and unintentionally
parted with. That is, the owner parted with her possession without knowing
it, and does not know where the property is. In the case of mislaid
property, the owner voluntarily and intentionally placed her possession in
a certain location or spot, but inadvertently and unintentionally forgot
it there.
If the owner voluntarily and intentionally laid the
property down in a public place, in a place of business, or some other
place, and then forgets she has done so (or forgets where she put the
property down), the property is not lost but only mislaid. Mislaid
property, unlike abandoned property and unlike lost property, is still in
the possession of the owner. Because the owner does not have actual
possession of the property, the owner has what is called
"constructive" possession of the property.
Therefore, if someone finds a wallet on the floor of
a coffee shop, she is the finder of lost property and may take the
property away (having a duty of notice discussed in an earlier column).
Whereas, if someone finds a wallet on a table of the coffee shop, she is a
finder of mislaid property, and may not take the property away because it
is still in the (constructive) possession of the owner. Importantly, it is
the owner of the coffee shop, and not the finder of the mislaid property,
who has the right to the custody of the wallet. The owner of the coffee
shop holds the mislaid wallet as trustee for the true owner.
WHEN IS A CITY OR TOWN LIABLE FOR NEGLIGENCE?
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Under the Massachusetts Tort Claims Act, a city or
town can be held liable for the negligent acts of its employees, as long
as the negligent act did not result from a "discretionary
function" of the city or town. Discretionary functions are those acts
that result from a town's judgement or policy decisions, rather than
negligent acts resulting from carrying out an established policy. For
example, a town's decision on whether to allocate funds for the upkeep of
a playground would be a discretionary function. However, once the town
allocates the money, the town can be held liable for the negligent upkeep
of the playground.
Even if the city or town is held liable, the injured
party can collect no more than $100,000 in damages. In addition, any such
claim must be presented to the city or town within six months of the event
in question. If you have been injured, the advice of an attorney can help
you determine if you have a case.
WHAT IS "NEGLIGENCE?"
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People often use the term "negligence"
without truly understanding what constitutes negligent conduct. To
establish negligence, a plaintiff must prove: 1) that the defendant owed a
duty of reasonable care to the plaintiff, 2) that the defendant
"breached," or failed to uphold, that duty to the plaintiff by
failing to use reasonable care, 3) that the plaintiff suffered damages,
and 4) that the defendant's negligent conduct caused the plaintiff's
damages.
Whether a defendant breached a duty owed to a
plaintiff is generally determined by the "reasonable person"
standard. The duty is breached where a defendant fails to exercise the
degree of care that a reasonable person would exercise in the same
situation. Most personal injury actions are based upon a defendant's
negligence. If you have suffered a loss and you believe that someone
else's negligence may have caused that loss, the advice of an attorney can
help you determine whether you have a case.
WHAT IS A "NONCONFORMING USE?"
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People often discuss a "nonconforming use"
when dealing with zoning issues, but few people understand its meaning. A
nonconforming use is one which was lawful at its creation but which no
longer complies with zoning laws. A common situation involves a land use
that predates the passage of a zoning law that would otherwise prohibit
the use in question. The "Mom and Pop" convenience store located
in a residential neighborhood is an example.
Nonconforming uses are subject to many restrictions
which are designed to phase out the use and to force compliance with
current zoning. For example, the use in question may not be changed to
another nonconforming use. Also, the structure in which the use takes
place may not be expanded. However, the protected property may change
ownership and still retain its nonconforming status.
There are many such land use issues that confront
today's property owner.
WHEN ARE PERSONAL INJURIES COMPENSABLE?
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Massachusetts' law protects its citizens from the
dangerous and negligent actions of others. Every citizen has a right not
be hurt by the carelessness or recklessness of another. If you have been
harmed by the negligent actions of another, you must determine whether the
law will allow you to be compensated for such harm.
The Massachusetts' personal injury laws are designed
to 1) compensate the victim for the losses and harm suffered as a result
of the negligence or recklessness of another, and 2) to discourage the
negligent actor from similarly harming someone else in the future. Every
citizen has the duty to exercise reasonable care in conducting their
activities, whatever they may be, and not to create an unreasonably
dangerous risk to others. If someone creates an unreasonable risk and you
are harmed while rightfully within that area of risk, it is your right to
access the laws and seek compensation accordingly.
Don't be hesitant because you feel you might not have
a "big" case or a "good" case. If you have legitimate
injuries or losses and feel that someone else is responsible for them,
call us. We will determine whether you have a compensable case. Remember,
if someone else has carelessly caused you or your loved ones to suffer
harm, no case is too small. We have morning, daytime, evening and weekend
hours available for consultations.
WHAT IS A PRENUPTIAL AGREEMENT?
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Although nobody expects it to happen to them, over
fifty percent of today's marriages end in divorce. Prenuptial agreements
are an easy, inexpensive, and responsible way for spouses to settle their
differences before they even arise. Despite the fact that these agreements
are often made the brunt of jokes, they actually provide security and
trust for the couple who are mature enough to deal with such issues at the
outset of the marriage.
These agreements, recognized in Massachusetts as
valid and binding contracts, address the issues of property division,
child custody and the like. The formation of these agreements is not a
confrontational process and is often a comforting experience for the
couple. Dealing with these issues in the beginning can avoid a lot of
grief and expense in the long run.
PROTECTING YOUR HEALTH CARE WISHES
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To most of us, decisons regarding desired medical
treatment are extremely important. Yet, quite often a patient is too sick
and unable to communicate these decisions when the time arises to make
them. However, this problem can easily be avoided if the patient
previously executes a "health care proxy."
A health care proxy is a document authorized under
Massachusetts law that allows people to spell out their treatment wishes
before they get sick. It allows patients to appoint a "health care
agent" to follow their wishes and make treatment decisions in the
event that they become too sick to do so themselves. A health care proxy
is an inexpensive yet effective way to preserve patients' medical
treatment wishes in the event that they are unable to communicate those
wishes.
UNDERSTANDING THE RESIDENTIAL SECURITY DEPOSIT LAW
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Most rental agreements today require a tenant to
deposit with the landlord a security deposit equalling one month's rent.
Many landlords believe that merely collecting the deposit will protect
them in the event that the tenant damages the apartment or moves out
before the lease term ends. However, those same landlords are unaware that
they may lose their right to keep the deposit and, in some cases, become
liable to pay the tenant triple the deposit amount, court costs and
attorneys' fees if the landlord fails to comply with the security deposit
law. Further, a clause in a lease which purports to excuse the landlord
from complying with this law is void and unenforceable.
Although the requirements of the law are detailed,
compliance with it is not difficult. Consultation with an attorney before
accepting a security deposit can protect the landlord in the future,
should a problem arise.
CAN A LANDLORD KEEP A SECURITY DEPOSIT?
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Many landlords require tenants to pay a security
deposit upon moving into a rental unit. A problem arises when a tenant is
charged for damages caused by a previous tenant. How can this be avoided?
When a landlord receives a security deposit, he or
she must give the tenant a Statement of Condition relative to the
condition of the rental unit. This Statement lists the damages already
present in the rental unit when the tenant takes possession. If the
Statement is accurate, the tenant signs it. If the landlord does not
give the tenant such a Statement, the landlord cannot keep the security
deposit. In this case, if the landlord does not return the security
deposit to the tenant, the landlord is subject to treble (triple) damages.
If the landlord did give the tenant a Statement of Condition, the
landlord cannot charge the tenant for those damages which are listed on
the Statement of Condition.
DO THE NEW TITLE 5 REVISIONS APPLY TO YOUR PROPERTY?
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Revisions to Title 5 take effect on March 31, 1995.
Under the revisions, real estate which has a septic system or cesspool is
required to be inspected whenever there is a "transfer of
title." If the real estate is connected to a municipal sewer system,
no inspection will be required.
Whenever the title to real estate is
"transferred" or changes hands, it must be inspected. For
example, if the owners put the real estate into a trust of which they are
not the beneficiaries, it is a "transfer" and an inspection is
required. Additionally, although the death of one owner in a joint tenancy
or tenancy by the entirety (husband/wife) will most likely not trigger an
inspection, the death of the survivor (with the property passing through
probate) probably will trigger an inspection! Conversion of a
single-family home to a multi-family home will also trigger an inspection.
There are penalties and fines (up to $25,000 per day) for failure to make
a required inspection. These and others are complicated issues for which
an attorney who is aware of the new revisions should be consulted.
If you are buying or selling a home or other real
property, you should especially consult an attorney about these changes.
The cost of an inspection will probably cost from $600 to $1,500, and the
cost of having to upgrade a cesspool or septic system is very expensive.
These are delicate issues to be negotiated before the purchase and
sale agreement is entered into.
WHAT IS A TORT?
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What is a tort? The word "tort" is a legal
term derived from the Latin word "tortus," or
"twisted." Today, it is used in the legal context to describe
the wrong that is committed by someone who is under a legal duty to use
reasonable care in their activities not to harm others.
Some examples of torts include: defamation, assault,
battery, invasion of privacy and robbery. Another tort is negligent
conduct (that is, negligence) which causes and results in harm to the real
estate, personal property or personal interests of others. For instance, a
car accident caused by one who was driving recklessly, and which results
in bodily injury to another, is an example of negligent conduct. In a
civil tort lawsuit, the negligent driver, as long as he or she was more at
fault than the injured person, must compensate the victim for any bodily
injuries and other harm suffered by the victim.
All citizens owe each other the duty to use
reasonable care not to participate in activity which puts others at an
unreasonable risk of harm. If you feel that someone has put you within an
area of unreasonable risk through their failure to use reasonable care,
and you or your loved ones have been injured as a result, consult an
attorney.
WHAT IS A TRADEMARK?
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A trademark is a "distinctive mark" of
authenticity through which the products or services of one manufacturer or
organization may be distinguished from another. A trademark can consist of
words, symbols, or signs. Once a company obtains a trademark, it has
rights to the exclusive use of that mark.
In order to establish trademark status, the owner of
the mark must show that the public associates the mark the producer or
owner of the goods. Marks that are "inherently distinctive" or
unique, such as the McDonald's golden arches, easily gain trademark
status. However, for marks that are not inherently distinctive, such as
Copy Cop's three English Bobbies, the manufacturer or organization must
show that the mark has attained a "secondary meaning" in the
public such that it is now associated with a particular organization or
manufacturer. Once trademark status is attained, the owner of a mark can
sue anyone who makes use of the same or similar mark such that it causes a
"likelihood of confusion" in the public as to the source of the
goods or service.
WHY HAVE A WILL?
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A Will offers you the luxury of having the peace of
mind to know that it will be your wishes, and not the State's or
someone else's, that are carried out when you die. For parents with young
children, it is not pleasant to think that both parents can die
simultaneously. However, in our dangerous world, it is responsible
planning and caring for your children to realize that such an unfortunate
tragedy can happen. A will gives you the opportunity to name the person or
persons that you wish to act as the legal guardian of your children upon
your deaths, and allows you to state how you want your property
distributed.
Today, many people also execute other instructions
together with their Will. For instance, many people execute Living Wills
and Health Care Proxies. These documents go into effect when a person
becomes physically or mentally unable to make certain health care
decisions on their own. Depending on which of these documents you use, you
can include instructions concerning what kind of health care treatment you
wish to be used or not to be used, when it is to be used, how much of it
and for how long. Many people also execute burial/funeral instructions and
anatomical gifts apart from their Will. Also, people often include a
Durable Power of Attorney in which they appoint a trusted person to make
various important decisions for them if they are unable to do so
themselves. Together, these documents are an effective way for you plan
for future events, both unpredictable and predictable. |