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Ownership Rights Questions

Ownership rights may be private, collective, or common and the property may be objects, real estate or intellectual property. Determining ownership involves finding out who has certain rights and duties over the property in question, these rights and duties are sometimes called a “bundle of rights”, and they can be separated and held by different parties. Below are the most commonly asked questions about ownership rights that have been answered by the Experts.

How would an individual write a statement that sends ownership rights of a software package to another individual?

In most cases this would be called licensing the software and the language that should be used would look something like the following: Subject to the terms and conditions of this Agreement, _________ grants to _______ a non-transferable, revocable license, without right of sublicense, to use the Software solely in connection with___________ ___________ shall not use the software except as expressly permitted herein.

If an individual’s landlord lost their rights to the Home Owners Association (HOA) and want to sell the property to another person what are the legal rights in this case?

Most generally under state law if ownership passes to another owner, the new owner has the right to contact the renter and either offer them new terms, maintain old terms, or terminate the agreement. This is at the discretion of the new owner. The best course of action would be for the renter to try to get the new owners to sign a new lease. Other than that the owner ultimately has the rights to the property and may after a certain period of time, provided they notify the renter in writing, pursue a formal eviction.

When a person co-signs on a car loan, then the other person defaults on the loan, is the co-signer responsible for the loan? And would the co-signer get the car?

Many times this matter would depend on the terms of the loan contract that was signed at the financial institution that carries the loan. When the agreement states that the co-signer shares ownership of the car then the co-signer can gain possession. If the loan agreement states that the co-signer does not share ownership of the car then the co-signer cannot gain possession of the car, but is still liable for the remaining balance. However if the co-signer is listed on the title or registration for the vehicle either with an “and” or an “or” separating the name of the original borrower and their name they would be considered to have partial or joint ownership. Access to the title of the car would also help verify ownership rights. For clarification contacting the financial institution that granted the loan would be a good place to start in this matter.

What ownership or use rights would a person have related to photographs taken with their camera equipment, if the photographer was another person?

In most cases circumstances would be a factor in matters such as these. However, in the absence of an agreement otherwise, copyright to a photograph is held by the photographer, who has complete ownership and use rights. There can also be some special situations in which there would be an implied agreement that a person would own the photos, such as asking a stranger to take a photo of the person with the person’s camera.

Is there any limit to mineral rights ownership when no reclamation is attempted?

Most generally there would not be any limit to mineral rights ownership in a case such as this one.

A person can gain, transfer and lose ownership rights in a number of ways. To gain ownership of property one can purchase it with money, trade it for other property, receive it as a gift, find it, make it, or homestead the property. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, being robbed of it, misplacing it, eviction, foreclosure, and seizure. Many questions regarding the rights of ownership can be answered by the Experts.
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