Boundary Disputes - Right Of Way

Disagreements over rights of way are a common source of boundary dispute. Whether it is relating to a public or private right of way, you need to know what your entitlements are and what action you should take. Otherwise you could find yourself in a long and bitter feud.

Public Right of Way.

Public rights of way are deemed the Queen's highways, meaning anyone can legally use them. Some will be accessible only by foot, while others may be bridleways or byways open to vehicles. Generally the task of maintaining a public right of way will fall to the local authorities, but if the path traverses private property then landowners and occupiers must also take responsibility for its upkeep. For example, if a right of way passes through a farm, measures must be taken by the landowner to ensure factors such as crops or machinery do not block the way.

A public right of way can be established in one of three ways:-

* Express dedication - whereby the landowner given the public the right to use their land;

* Presumed dedication - whereby the public has always used the right of way;

* Deemed dedication - whereby a right of way have been used for 20 years or more.

Private Right of Way.

Private rights of way are not legally protected highways, but are instead part of a parcel of land that is privately owned. Private rights of way therefore allow one party the right enjoy another's land - known legally as an 'easement'.

Easements relating to private rights of way involve a relationship between the 'servient tenement' (who owns the land) and the 'dominant tenement' (who has the right to pass over the land on the servient tenement). For example, if a dominant tenement does not adjoin to a public highway, it will be necessary for residents and visitors to gain access by crossing the land of neighbouring servient tenement.

A private right of way can be established in one of two ways:-

* Express Grant.

A landowner may give the dominant tenement permission to use their land as a private right of way. This may be for a particular purpose - for example, to gain access to and from their property.

* Prescription.

The Prescription Act 1832 states that if party has enjoyed the right over the land of another 'openly and without permission' for 20 years or more then the right is automatically granted. It cannot then be defeated.

Disputes over Rights of Way.

Disputes regarding public rights of way often arise because there is a disagreement as to where the path is situated. Although all public rights of way are shown on Ordnance maps, the exact details of the boundary may be difficult to pinpoint. Therefore a landowner may state a public path does not pass over his land. On the other hand, users of the countryside - such as ramblers and horse-riders - can claim their legal entitlement use the right of way is being obstructed.

Similarly, there may be some confusion as to the exact nature of a private right of way. While these are usually laid out in the Title Deeds, which are recorded with the Land Registry, disputes can still arise as to where the boundary lies. Furthermore, the owner of the servient tenement may feel the private right of way is being excessively used, or has fallen into disrepair (the responsibility of the dominant tenement). It is also not unusual for a new servient tenement to want to revoke a private right of way, as they were not aware of its existence when the property was purchased.

If you are a dispute regarding rights of way, speak to a solicitor to discuss your position. A lawyer specialising in boundary disputes will be able to advise you on your rights, and guide you through the best possible course of action. Contact Us for a FREE Case Review - 954-766-4271 or visit http://cuenantlaw.com

What is Family Law?

The Wikipedia defines "family law as an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders ".

While broadly family law encompasses every aspect of a family as seen as a 'unit of people living together for many reasons', there are many finer aspects relating to 'family' in many different contexts in different parts of the world.

Family denotes a group of people affiliated by a consanguinity, affinity or co-residence.

Consanguinity - 'con' means together and 'sanguine' means blood; so it simply refers to people descended from a common ancestor. It is an important legal aspect to determine if two people can marry or to determine who inherits property left by a person who has not made a Will.

Affinity in the family sense means attraction of feeling or kinship or relation by marriage.

Co-residence refers to individuals or a group of people living in the same residence and carrying out responsibilities of a family or a household. This may include a parent and child or children and other members sharing blood ties or living together for other reasons.

Family law therefore cannot be confined within social, economic or governmental regulations. There are simply far too many aspects and complexities involving human relations that laws in many countries have diverse legalities referring to each country's intrinsic social and familial guidelines.

Stark and startling contrasts govern legislation in certain parts of the world. In some societies, patriarchal laws govern while in some others matriarchal. In many parts of Europe, before the advent of the legal system as we see it today, the Church was seen as the law enforcer.

Historically, family law has been based on European feudalism. In the 1970s, family law underwent rapid changes and became redefined, as it had become a part of the wider national debate regarding family values, gender bias, and morality. Particular areas of family law relating to divorce, child custody, family property etc. experienced many changes. Such rapid changes enabling quick fix solutions in marriage, divorce, alimony, child custody and child support drew widespread criticism from many quarters that viewed rising cases of marital discord and disharmony all over the world as a dangerous trend.

Family law is an increasingly important area of legal studies, with many law schools offering numerous elective courses on the subject and the bar exam testing knowledge of this area of law. Furthermore, family law is evolving as the national debate surrounding family continues. One notable change is how family law has been broadened to encompass couples who do not
choose to marry.

Today's family unit has evolved over the generations and may be a concise or shortened version of the co-resident families of the past. Relationships too have evolved and newer legal aspects to family law are being formulated to cope with the complexities of modern life and emerging trends.

In the event you have a family law issue and require a professional.Winston I. Cuenant,P.A. is your Family Law Attorney in Florida, give Winston a Call today. Contact Us for a FREE Case Review - 954-766-4271 or just visit Us at http://cuenantlaw.com/ for more information.

Practical Tips on How to Settle Condominium Disputes

It seems a paradox: in order to enjoy your independence in a condominium, you must accept the cost of inter-dependence. You have to abide by the house rules, and get along with board members, neighbors and managing agents, who can make your life there more enjoyable, or more miserable.

Of course, the vast majority of condominium owners understand the need for clear regulations, and the role of board members and managing agents in enforcing them. That is why few condominium conflicts are really about what should have been done. Most of the conflicts are about how people communicate. When, for whatever reason, condominium owners feel their
opinion is less important than the house rules, it's quite easy to feel resentful and consequently to become hostile. At that point, the fact that the house rules are reasonable and crystal-clear may not be enough to prevent a personal war.

It is always in the condominium owner's best interests to resolve conflicts with board members, neighbors or managing agents as soon as possible, through clear and effective communication. The more time goes by, the harder and more expensive any solution becomes. Therefore, it helps to know what one can do to take care of one's peace of mind and wallet.

Tip #1: Calm Down

When our mind is filled with anger, problems inevitably seem much bigger than they really are. Besides, anger is contagious. Your anger stirs up somebody else's anger, and pretty soon the situation blows out of control. If you wish people to stay calm and be respectful to you, there is only one thing you can do: start first, and set a good example. It usually works,
helps a lot, and costs nothing.

Tip #2: Know What You Want

Before arguing with board members, neighbors or the resident manager, be prepared. Here are just a few questions you need to ask yourself:

o What is exactly the problem?
o What do you want your listeners specifically to do?
o What makes you think you are being reasonable?
o What are your fall-back alternatives?
o Under which conditions would you rather sell your apartment, and live somewhere else?

Tip #3: Know How To Get What You Want

Condominium owners have several options for resolving conflict. Each option entails an increasing amount of time and money, and can be used before trying the next one.

Obviously, the first option is to work things out by yourself. Ideally, the result should be an agreement that everybody can live with and is compliant with the house rules. A lot of conflicts can be resolved this way, provided all parties have sufficient communication and negotiation skills.

The second option is to ask the assistance of a professional mediator familiar with condominium disputes. Mediation is a process where parties who disagree meet with a neutral party, who facilitates communications and negotiations between them, for reaching their own agreement. The mediator has no decision-making authority. The parties decide how to resolve their problem in a way that is mutually acceptable. They also have the opportunity to discuss how to maintain their condominium relationship, by communicating more effectively and respectfully.

The third option is arbitration. The condominium dispute is submitted to a neutral arbitrator who examines the evidence, listens to the parties, and finally renders a decision. Inevitably, one party wins and the other loses. Arbitration can be either binding or non-binding. In the former case, the award made by the arbitrator is final and cannot be appealed. In the latter, a party can still go to court for a trial de novo, which in plain English means trial from scratch.

The fourth option is going to court. Like the arbitrator, the judge makes a decision based on the facts (who did what, when, where, and how) and the law. For condominium owners, ending up in court has two major drawbacks. First, it always has a detrimental effect on the future

relationship between the parties. Second, it can be very expensive, in terms of time, money and headaches. Nonetheless, litigation is a valid option for condominium owners who are particularly angry, or for disputes that cannot be resolved in any other way.

Winston I. Cuenant is a professional Condominium litigation Lawyer, He understand real state litigation and know how to handle matters in and out of the courts in the pursuit of positive result for you. Contact Us for a FREE Case Review-954-766-4271 or visi8t us at http://cuenantlaw.com/

Florida Bankruptcy Laws

Bankruptcy law is the area of federal law that deals with the handling of bankrupt persons or businesses. Florida bankruptcy laws explain the federal bankruptcy process and common issues pertaining to residents of Florida.

According to Florida bankruptcy law, a permanent resident of Florida can file bankruptcy in a Florida bankruptcy court. Florida has three bankruptcy courts, one in every bankruptcy district. They are Florida middle bankruptcy court, Florida northern bankruptcy court, and Florida southern bankruptcy court. All counties in Florida come under one of these bankruptcy courts. Bankruptcy has to be filed in the district of residence.

Most bankruptcy claims are personal claims that come under Chapter 7 and 13 of the federal bankruptcy law. Chapter 7 is also named liquidation or straight bankruptcy. Chapter 13 bankruptcy is known as a wage-earner plan. When a Chapter 7 or Chapter 13 bankruptcy is filed, a trustee takes all the non-exempt property and sells it for the benefit of the creditors. But exempted property cannot be taken. Florida bankruptcy laws make determinations regarding non-exempt and exempt property. If Florida bankruptcy laws render a person ineligible for any exemption, he is allowed to choose federal exemptions.

Florida bankruptcy laws deviate from the federal bankruptcy law mainly with regard to exempted property. Properties that can be exempted are included in the Florida bankruptcy exemptions chart. One can exempt any property that falls into any of the categories in the chart, up to the dollar amount listed. Florida bankruptcy laws allow liberal bankruptcy exemptions. Homestead (160 acres outside a municipality and ½ acre within a municipality), insurance, motor vehicle ($1,000), personal properties ($1,000), a portion of wages, life insurance policies, unemployment compensation benefits, disability benefits, pension and retirement funds, education funds, and health aid interest are among those exempted.

The new Florida bankruptcy law, effective from October 17, 2005, makes filing bankruptcy cases more complicated. It incorporates impediments to filing bankruptcy, new court rules, new forms, and additional work for debtors and attorneys. According to the new Florida bankruptcy law, the Florida exemption law is applicable to your bankruptcy only if you have resided for two years in Florida, immediately prior to the filing date. If not, in order to get exemption, most of the 180 days prior to those two years should be spent in Florida.

Bankruptcy may be the only solution for extreme financial hardship. At the end of the bankruptcy proceedings, the court discharges the borrower from the debts. The bankrupt person can start all over again with a clean financial slate, but a record of bankruptcy will remain on his credit profile for up to ten years.

Bankruptcy Laws provides detailed information on Bankruptcy Laws, New Bankruptcy Laws, Chapter 7 Bankruptcy Laws, Chapter 13 Bankruptcy Laws, chapter 11 bankruptcy Laws and more. Bankruptcy Laws is affiliated with New York Bankruptcy Lawyers.

Winston I. Cuenant, P.A. is a Florida lawyer that specializes in bankruptcy, real estate litigation, foreclosure defense, and general civil litigation matters. Our goal is to treat each and every client as if they're our only one. We pride ourselves on being available to our clients 24 hours a day to guide and assist them during these tough and trying times.
Contact Us for a FREE Case Review - 954-766-4271 or visit http://cuenantlaw.com/

Why a Foreclosure Defense Lawyer is So Important

In today's economic climate, more and more people are finding themselves in deep financial trouble. In 2009, there were an unbelievable 3 million+ foreclosures nationwide. If you are suffering from money troubles and you're faced with a potential impending foreclosure, then help is at hand and that help will come from a foreclosure defense lawyer. It is possible that by engaging with such an Attorney this can you stop or at the very least slow down the foreclosure proceedings you are facing.

A foreclosure defense lawyer can be one of the most important elements in a foreclosure case, they will have plenty experience in dealing with cases exactly like yours and they will have the connections available to ensure that you receive any debt relief you may be entitled to. A lawyer can give you all the information you need about the options you have available to you, and you will receive helpful and honest suggestions about what could benefit you and your family the most in this kind of situation. A foreclosure defense lawyer can help you along every step of the way because they understand what it's like to be suffering the effects of a foreclosure, so they can help relieve you of this one stress while you focus on taking care of your family.

A lot of people each year make the mistake of choosing to represent themselves, this can present severe pitfalls, no matter how confident or knowledgeable you feel you are. The laws that surround foreclosure and mortgage law can be heavily complex and representing yourself is not something you should be considering lightly. Foreclosure and mortgage laws are often changed regularly, so much in fact that a person who is not skilled in the defense of such cases could struggle to keep up with the pace, as well as this, you're faced with the issue that you're battling to save your home and sometimes your emotions can get ahead of you. A foreclosure defense lawyer can keep a calm demeanor in order to battle your case effectively, not to mention they have a lot of experience and knowledge in the routes that will need to be taken throughout the case that you might not be aware of. Allowing a professional to fight on your behalf is the best chance you'll get at winning the fight for your home.

Contrary to popular belief, a foreclosure is the last thing that a lender will want, so more often than not they will be more than willing to come to some sort of agreement or solution that will help make things easier on you. To lenders, foreclosure often means large expenses and very long procedures, so they will do what they can to avoid this from happening. Provided you contact the lender early enough in the process and you are upfront with them letting them know you feel a foreclosure may be imminent. Given this situation you could actually be more likely to get a better resolution from the lender which will help you significantly. Upon early notification of your problem, most lenders will then consider the possibility of reviewing and restructuring your loan, so that it becomes a lot more affordable for you, and this is happening even more frequently now, considering the continued pressure of the Obama Administration has put on Loan Servicers and Lenders to expedite the process and assist more homeowners.

A foreclosure does not need to be part of your future, in most cases a solution can be found, and a foreclosure defense lawyer can help you find this solution quickly and efficiently to try and bring some normality back to your life and save keep you and your family where they belong, living in your home.

Winston I. Cuenant, P.A. is a Florida lawyer that specializes in bankruptcy, real estate litigation, foreclosure defense, and general civil litigation matters. Our goal is to treat each and every client as if they're our only one. We pride ourselves on being available to our clients 24 hours a day to guide and assist them during these tough and trying times.
Contact Us for a FREE Case Review - 954-766-4271 or visit http://cuenantlaw.com/

Why You Would Need a Premises Liability Lawyer

Premises liability law is the body of law which makes owners of land or premises responsible for injuries suffered by people who are present on the premises.

So, if you have been injured on another person's property, that person has a responsibility to you and your safety. Whether the accident occurred at a store, home, office or commercial building you have legal rights. If you've been injured in an accident away from your home you may have a premises liability claim.

A personal injury that arises when someone slips, trips, or falls because of an unreasonably dangerous condition on another's property is covered by premises liability law. Dangerous conditions that remain uncorrected exist either because premises owners (or managers) are:

   -knowledgeable of a hazardous condition but do not take the action needed     to correct it, leading to accidents that would have otherwise been     preventable
   -ignorant of a dangerous condition even though detecting it is not that     difficult
   -or unaware they have created an unsafe condition through their negligent     behavior

Definition of Hazardous Conditions under Premises Liability Law

A premises liability Attorney define hazards as dangerous conditions that can be found on public, private, or commercial property and may include any one of the following:

    slick or uneven floors
    dangerously protruding objects
    falling debris
    unsafe accumulations of ice or snow

This law is the body of law which makes owners of land or premises responsible for injuries suffered by people who are present on the premises.

So, if you have been injured on another person's property, that person has a responsibility to you and your safety. Whether the accident occurred at a store, home, office or commercial building you have legal rights. If you've been injured in an accident away from your home you may have a premises liability claim.

Winston I. Cuenant, P.A.is one of the personal injury lawyer in Fort Lauderdale, Florida and fights hard to win every personal injury case. The
Law Office or Winston I. Cuenant understand that the injuries sustained in an accident can be life altering and possibly irreversible and your physical,emotional and mental recovery may be difficult and depends on many factors.

Cuenant Law Office