The Codes

[jdogpupil]

I've been reading through land law cases from 1900 - 2000

I don't know enough about Common Law to say; how do state civil Codes compare? The real question is, how can they carry force of law? Or, does the Common Law supercede civil Codes?

Can you suggest a book on Common Law as it defines and protects land possession and ownership rights? I'll be in the law library tomorrow.

[David Merrill]

Originally Posted by jdogpupil

I've been reading through land law cases from 1900 - 2000

I don't know enough about Common Law to say; how do state Codes compare? The real question is, how can they carry force of law? Or, does the Common Law supercede state Codes?

Can you suggest a book on Common Law as it defines and protects land possession and ownership rights? I'll be in the law library tomorrow.

It already is happening within the scope of common law - notice and grace. It is not happening within the scope of state codes. See the attachment.

All the NFTL on persons are filed at the county clerk and recorder, not the secretary of state as required by code. This recording system is a general chattel mortgage recorded against the person in common law.


Regards,

David Merrill.

[joseph sugarman]

jdogpupil,

If you will go to your state statute/code books, usually Volume 1; just after the consitution of the state, usually, the next section will state something approximately like this: Except where replaced by statute/code the common law still exists in this state. Some states include more flowery language, a few may even state in more succintly than I have, but the meaning is there. As far as I know, some form of this language is used in every state, save one; Louisianna. Louisianna, since it was founded by the French, adopted civil law not the common law.

The replacement language in the statute/code is almost, but not always, the exact same as the common law language was, as created or reitereated by case law in a decision from a court bench. This is just a start, but I hope you find it helpful. Joseph Sugarman, design@dream-home.com

[jdogpupil]

Here's a question for Californians:

Is there anything in the law, codes, ordinance, statute, anything similar to "presumption of abandonment" as defined in other state civil codes?

Connecticut says this:

Property held by public body or officer presumed abandoned, when. All property held for the owner by any court, public corporation, public authority or public officer of this state, or a political subdivision thereof, which has remained unclaimed by the owner for more than five years is presumed abandoned, except that any claim granted pursuant to chapter [whatever] in an amount less than three thousand dollars which has remained unclaimed by the owner for more than one year from the date such claim was granted is presumed abandoned...

When the city or public abandons a property, what is the statute of limitations? There's a fancy abandoned building I know that falls in this category - if there is such a thing.

If you know of something, post it.

[Notorial dissent]

The quote you are using from Connecticut is referring to personal property, i.e. a bike, car, or some such personal item.

Property, land, buildings, etc, are very rarely “abandoned” they may not be in use, or used as they originally were, but that does not change or challenge the ownership of them.

Modernly, the only way property can be considered abandoned is when the owner fails to pay the property taxes on it and it is eventually sold to whoever pays them and the arrearages. A long and cumbersome, and not always successful process.

Public entities by virtue of their perpetual existence, own anything they own until they actually dispose of it.