Property Rights FAQ
Does a Property owner have legal rights when a government enacts regulations that destroys the use of the property?
Many times property owners have legal rights that sometimes can be waived if they do not pursue those rights. Each case depends on the facts of that case and the jurisdiction where the case arises.
How do you know when you have suffered damages from improper government regulations?
If you owned and lawfully used your property before the regulation was enacted in the same manner as the newly enacted regulation, you may have vested property rights, If the new regulation impermissibly retricted those lawful activities you may have been damaged.
What are the ways you can protect your property rights?
Many jurisdictions require that you lawfully used your property. This may include your having complied with payment of all taxies; obtained all required permits or licenses; and exhausted all your administrative remedies before bringing a law suit to protect your rights.
Are there any special things you should consider before purchasing residential property for vacation rental purposes?
Many communities have restrictions on the duration of rental of residential property. Also some communities that have homeowner associaions may limit the rental of the property.
When should you consult with a lawyer about property rights?
Making investment in real estate can pose risks that you may not be familiar. There are many state and local bar associaitions who may give you names of lawyers to consult in making those decisions.
