Baker Eminent Domain Lawyer, Florida
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Shayna Parrish Marsteller
Foreclosure, Real Estate, Criminal, Bankruptcy
Status: In Good Standing Licensed: 22 Years
Crestview, FL 32536
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LEGAL TERMS
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
COMMERCIAL FRUSTRATION
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
ELECTRONIC SIGNATURE
A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'k... (more...)
A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'key' to encrypt (scramble) information that uniquely identifies the signer using a method called Public Key Infrastructure (PKI). Electronic signatures are as binding as those in ink.
JUS COGENS
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and par... (more...)
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.
BASIS
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.
IP
See intellectual property law.
ADVERSE POSSESSION
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usua... (more...)
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usually include continuous and open use for a period of five or more years and paying taxes on the property in question.
RESTRAINT ON ALIENATION
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
SAMPLE LEGAL CASES
Essex Ins. Co. v. Zota
985 So.2d 1036 (2008). ESSEX INSURANCE COMPANY, Appellant, v. Mercedes
ZOTA, et al., Appellees. No. SC06-2031. Supreme Court of Florida. June 26, 2008.
1038 Douglas M. McIntosh and Robert C. Weill of McIntosh ...
Walton County v. Stop Beach Renourishment
... [because] Florida's law is clear that riparian rights cannot be severed from riparian uplands absent
an agreement with the riparian owner, not even by the power of eminent domain. Id. (citing
Belvedere Dev. Corp. v. Dep't of Transp., 476 So.2d 649 (Fla.1985) as controlling). ...
System Components Corp. v. FLORIDA DOT
... See § 74.011, Fla. Stat. (2004) ("In any eminent domain action, properly instituted by
and in the name of ... ... Relevant Eminent-Domain Doctrine and an Overview of Statutory
Business Damages. Eminent Domain and "Full Compensation". ...
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