The Right of Possession

The Right of Possession The Right of Possession of House The right of possession is a fundamental guarantee that you have the right to hold title to a property. You can, however, lose this right under certain circumstances. For example, if you fail to pay property taxes or if you fall behind on your mortgage payments, the taxing authority or the lender can start foreclosure proceedings, and you could lose your property.

1. The Right of Possession

   The right of possession is a fundamental guarantee that you have the right to hold title to a property. You can, however, lose this right under certain circumstances. For example, if you fail to pay property taxes or if you fall behind on your mortgage payments, the taxing authority or the lender can start foreclosure proceedings, and you could lose your property.

    

2. The Right of Control

   When you own a home, you have the right to control what happens in your house and on the surrounding land, but only within the scope of the law. You may, for instance, hold meetings and host barbecues, but you may not do unlawful things, such as selling illegal drugs. In many cases, you can’t even run a home-based business out of your house without securing permission from the local authorities.

    

3. Homeowners Association Restrictions

   If you live in a neighborhood governed by a homeowners association (HOA), you could be subject to significant restrictions. The HOA can determine the type of siding you can put on your house, forbid you from parking an RV in your driveway, or even dictate whether you can erect a fence. Under the law in most states, HOAs have the right to set and enforce regulations because their actions are designed to protect the property values and quality of life of all who live in the neighborhood.

    

4. The Right to Quiet Enjoyment

   This right is slightly different than it sounds. You don’t, for example, have the right to insist your neighbor not mow his lawn on a Saturday morning because you want to sleep in—although there may be local ordinances that stipulate just how early in the morning he can fire up that leaf blower. You do, however, have the right to insist that nearby factories not pollute your water supply and that your neighbor not damage your trees when he sprays herbicides in his yard. If you feel your right to enjoy your property is being violated, report the issue to law enforcement. If that doesn’t solve the problem, you can opt to file a civil suit against the offender.

    

5. The Right to Pick and Choose Visitors

   Thanks to the right of exclusion, you have the right to determine who may enter your property and who may not. Like all property rights, however, this one comes with some obvious exceptions. Law enforcement officials have the right to walk up to your door, and if they have a warrant they can enter your home without permission. Emergency workers can also enter your home without permission if they believe someone inside is in danger.

    

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