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Property Rights Law

Property rights are the rights that an individual or entity has to property. Property rights pertain to many different types of properties, properties such as intellectual property or real property. There are often disputes over under whose ownership the property rights are. This is why there are property rights laws that govern the transfer and ownership of property rights. Below are questions that have been answered by the Experts in regards to property rights and property rights laws.

Which court would be used to settle a property rights claim when the individuals live in different states?

The court in which the property rights claim should be filed is the local court where the property in question is. However it the loan documents may declare within them which court is to be used to settle a property rights claim.

Is there anything that an individual or company should do if they are planning on using intellectual property to help another business?

To protect the intellectual property rights, the first thing that needs to be done is to have a contract that lays out very clearly the intellectual property rights to the prospective company. If the individual or company is separate entity workings for another company, there will more than likely be a contract from the other company that will state either that the other individual or company is a work for hire or an assignment of the intellectual property rights to that company. If the individual or company that has the intellectual property rights wants to keep those rights, then they should not sign a document as such. A license to use the intellectual property may be issued, and may be permanent or temporary.

Can easement property rights be sold or transferred?

In many cases, it is possible for the property rights of an easement to be sold or transferred from individual to another individual or an entity. The transfer of property right to an easement is very common place.

Are there any property rights for common law widows or widowers in the state of Alabama?

The state of Alabama does recognize common law marriages. For an individual to receive property rights they must meet the requirements for common law marriage in the state of Alabama. If the individual does meet the requirements and there is no will left behind, then the individual who lost their spouse would need to contact the probate court in the county in which the spouse passed to file for an opening of a probate case. If there was no will present then the judge will in most cases name the surviving spouse as the representative, which would give the spouse the authority to gather the assets, pay bills that are outstanding, and disperse the remainder to the heirs surviving. However if the deceased spouse placed assets such as the home into a trust, the surviving spouse will have get a copy of the trust which will explain how the assets within it are to be distributed.

Property rights disputes are most often settled in the local court in which the property is. This is unless the loan documents have included within them a specific court other than the local court. For intellectual property rights to be protected when working with other individuals or companies, the individual who holds the intellectual property rights will need to be careful. One way to protect the intellectual property rights is to make sure that a contract that very clearly states who the intellectual property rights belong to. Any questions regarding property rights and property rights laws can be asked of the Experts.
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