Archive for August, 2009

Real Property Law: Nuisances

CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.

“He’s such a nuisance, constantly drumming his fingers on the table like that!”

Just what is a “nuisance”, anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the meanings are somewhat similar. A nuisance is legally defined as “an unreasonable interference with the use and enjoyment of property”. By the way, lawyers just LOVE that deliciously ambiguous word “reasonable”, because they can bill hour after billable hour arguing endlessly over what is “reasonable” under a given set of circumstances. In fact, you could probably boil all of law down to that one word – if it’s “reasonable” then you can do it, but if it’s not, then you can’t.

Unlike trespass law, nuisance is only actionable if you can show that the offending condition caused you actual harm. Note that “harm” is a quite flexible concept and commonly includes things like noise pollution (the loud rock ‘n roll blaring out of the apartment next door at all hours, for example). Smoke from a nearby factory can be a nuisance. So can foul odors, stadium lights left on at night, heat, dust, and many other things. On the other hand, some things are not nuisances. The fact that your neighbor’s house is an eyesore will not support a nuisance claim, because for some reason ugliness is not considered a nuisance (it might violate the rules of the neighborhood association though, if you live in one of those snooty upper-class developments). It has been recorded that Abraham Lincoln was once told by his neighbor that he was the ugliest man she had ever seen. When Lincoln noted that he couldn’t help it, the woman replied, “Yes, but you might stay indoors!” She wouldn’t have won a nuisance action against him.

What can you get if you win a lawsuit for nuisance? You can get damages or an injunction. Damages means money, and if the nuisance is continuing (if it will continue even after you win the case, as in the case of factory smoke, for example), you could end up with a fair chunk of change representing the reduction in the value of your property (or leasehold, if you are a renter). You might also get an injunction, subjecting the defendant to liability for contempt of court if he continues the offending activity.

Women Drive Real Estate Purchases

Women are working more, earning more and buying more than they ever did. Consequently, they have a significant influence on the American economy in general, and the real estate industry in particular.

The collective buying power of US women accounts for about 85 % of all consumer purchases. When it comes to purchasing patterns, women are estimated to make 94 % of home furnishings decisions, 91 % of new homes purchase decisions, and 89 % of travel decisions.

Women’s earnings have accelerated over the last few years and they have emerged as the Chief Purchasing Officers in their households. According to IRS data, women constitute 39 % of the top wealth holders in the country. This means about 2.5 million women possess a wealth of $4.2 trillion put together. Notably, the IRS estimates that by 2050, 42 % of these women will be single or widowed. The IRS further estimates that more wealth is bound to be accumulated among women.

Another growing trend that emerged in a December 2006 study by the National Association of Realtors (NAR) was that about 22 % of homes purchased between July 2005 and June 2006 were by single women who were in the 25 to 34 age range. Women accounted for a record number of 1.76 million home purchases (1 in every 5 homes), a significant increase from 14 % a decade ago. Women’s growing success in their careers, higher education, financial independence and a desire to build an early nest on their own, are some of the reasons that have spearheaded this home buying trend.

Among the vast demographic spectrum in the real estate industry, women have become a force to reckon with. Real estate agents are increasingly taking note of their female clients and the power they wield in home buying decisions. By the influence that they bring into play in home buying decisions, women form a significant and growing market that simply cannot be ignored.

If you are considering buying a home, condo, or any other real estate, be sure to seek out the services of a local real estate agent to guide you through this complex process.

Arizona Real Estate Listings and Phoenix Real Estate Listings

There’s simply no denying the sheer popularity of the greater Phoenix, Arizona area. Phoenix real estate listings are widely popular and sought after by virtually thousands of people from around the country on a daily basis. Other Arizona real estate listings are garnering much traffic as well, and there really is no surprise as to why. Though Arizona was only the 48th state admitted to the Union, the state has experienced much growth and has seemingly made Phoenix the 5th largest city in the nation. Currently the 13th largest Metropolitan Statistical Area in the United States, Phoenix, Arizona is also the most populous city in Arizona as well as the state capital. But the city and state have much more to offer than sheer numbers.

Of all the growing locations in the southwest, Arizona offers some of the most appealing and sought after real estate in the United States. The year-round warm climate brings many outdoor activities and opportunities for patrons to enjoy rest and relaxation. Arizona real estate listings present numerous opportunities for interested visitors to make the state a more permanent vacation. Phoenix itself is a thriving metropolitan city and its economy continues to grow and flourish. The city has much to offer, including Luke Air Force Base and nationally renowned golf destinations. A lot of patrons find themselves in Phoenix to enjoy the dry climate and warm weather while other make an attempt to capture a glimmer of the old west. Lots of outdoor enthusiasts simply flock to enjoy breathtaking landscapes at any one of the surrounding state parks, including Camelback Mountain and Papago Park. Sports fans can also get their fill and take in any one of the major sporting events with professional teams like the Phoenix Suns, Arizona Diamondbacks and Arizona Cardinals. If relaxation is on your mind, the greater Phoenix area is home to some of the most accommodating spas and resorts found anywhere on the planet.

With so much to offer, it really is no surprise that so many individuals find themselves browsing through Phoenix real estate listings in search of their ideal setting. And not just Phoenix – Arizona real estate listings have become widely popular as well. From world-class golf opportunities to luxurious spas and vibrant nightlife, this southwestern gem definitely has much to offer. No matter what the allure might be, Arizona is truly a perfect location for seemingly anyone to call home.