Azores property transfer etc , request for information

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TJ

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Jan 3, 2008, 7:03:25 AM1/3/08
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Good morning Cheri ,
Thanks for you input on the website ... Iam looking for contacts in the Azores ( Sao Miguel ) that can assist in getting contact names /numbers of people that can assist in getting inherited family properties properly transfered in Title & registered in the Azores or Lisbon as required ..
 
I have a few questions that require some advice .
 
1) On Sao Miguel Island , specifically Sao Bras & Porto Formoso areas , we have some properties ( undeveloped Land ) that are still listed in my Grandfathers name and will need to be transfered & registered in the inheritors names .
 
Who in our Azores group has had experience in the transferring of land titles & registering the properties that they have inherited , with the local Azores / Portuguese governments .
Looking for some advice & contact names of a good lawyer to start the process .?
 
Also , There must be some way to get a appraisal of the properties in question by a qualified property appraiser , Is there such a person or company in the Sao Miguel , Azores area that can do this work ?
 
2) As Portugal is now part of the European Community , Have the property laws been updated to reflect the new European laws or are they still the old laws in terms of renatsl & leasing of property ?
 
Example : The "inherited" properties above are rented to individuals that farm them eiher as pasture lands or for growing crops . What official "notice" is required to end the tenancy of these tenant renters ? 
I have heard that as a landlord in the Azores you would have to pay the tenant out for 3 years of his rental as his notice to end tenancy in order to move him out ...? 
 
Any information including contact names & numbers for persons who could assist on the process of property transfers / registering title for Azores properties and peculiarities of local rental/tenancy laws regarding them would be appreciated ...
 
Thanks ! 
 
Anthony J. Moniz
12455 Greenland Drive
Richmond, BC, V6V2A7
Canada
email:

Cheri Mello

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Jan 3, 2008, 2:25:22 PM1/3/08
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Hi Anthony,

I have no clue.  I haven't seen anything on the list either.  We mostly just find the deceased, not their property.  Some of us can't even find the freguesia!  And you found their property!  If anyone on the list knows, I'm sure they'll contact you.

Cheri

Hermano C. Pires

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Jan 3, 2008, 2:51:37 PM1/3/08
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Hello Anthony
I don't have any idea if this helps, but have you tried contacting the local Portuguese Consulate?
Hermano



Date: Thu, 3 Jan 2008 11:25:22 -0800
From: gfsc...@gmail.com
To: Azo...@googlegroups.com
Subject: [AZORES-Genealogy] Re: Azores property transfer etc , request for information

tig...@gmail.com

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Jan 3, 2008, 3:09:17 PM1/3/08
to Azores Genealogy
Hi Cheri ,

I will elaborate a bit more on the "properties " that are to be
inherited as they are still registered in my Grandfathers name even
though he passed away in 1949 and left a written "unregistered" will
that showed which of the many properties went to which of 5 uncles and
Aunts .
Unfortunately because of a quirk in which my Grandfather &
Grandmother figured they woud save $$ & time in not registering
( Penny wise , Pound foolish in hindsight ) ,Example : Everyone in the
village knows who's property that is ! ..LOL the properties are still
in my Grandfathers name .. and my Uncle in Sao Bras pays the taxes
every year for the propertis which are all rented , year to year .

Three of my Uncles ( co -inheritors) have already passed on and my
Father is one of the live inheritors and he would like to have the
land title transfer of the properties he is entitled to for myself &
my siblings before, he too , passes on ...

The value of the properties in the Azores is very close today to what
we pay in North America for property close or in the village , so the
Value in Euros is substantial for anyone that stands to inherit
property as a member of the family estate .
Just another hoop for us transplanted Azorean/ Canadians/Americans who
are in line to get inheritances from the old country to go
through ...
FYI , some of these places are quite nice , can be future retirement
or holiday homes ...
looking forward to your comments ...
Thanks for the tip Hermano , I have tried the consulate , they
suggested I hire a L:awyer , but whom to choose that will act in your
best interests and do all of the legwork ?
I am hoping someone here in North America has had to go through the
Portuguese legal system and may have some advice on what to do etc etc
to successfully get the paperwork done there ...

Regards,

Anthony J. Moniz

eliseumanuel

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Jan 3, 2008, 3:27:59 PM1/3/08
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Hi Anthony,

 

I can contact my lawer at Ribeira Grande and ask him if he can deal this issue. Then I will give him your address for you to talk about it. Please let me know if you want me to do this!

 

Eliseu

 


Maria Sousa

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Jan 3, 2008, 4:35:30 PM1/3/08
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If you have an Uncle who is paying the taxes on the property, did your father give this uncle a Power of Attorney to do so?  If so, this uncle is probably the answer on finding a good attorney.
 
Also, it will be a complicated procedure.  All heirs will have to sign off.  If these properties were left to your father and his brothers and his brothers have passed away, you are going to have to deal with your uncles' children (your cousins). 
 
I am not sure about how this works in the Azores, but on mainland Portugal, when your grandfather died, his estate would have been divided; half for his wife and the other half divided between his wife and children.   In the U.S., the estate is left to the surviving spouse, but in Portugal it goes to the surviving spouse and children. 
 
Transferring property into a new name is a long and tedious task.  My father had to do it when his parents died.  There were properties that were still in his grandfather's name, which he had to put into his father's name, and then into his name (by the way, my father was an only child - - he had no other siblings to deal with) and it took him years. 
 
Maria Sousa
 


 

nancy jean baptiste

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Jan 3, 2008, 3:38:59 PM1/3/08
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Hi Anthony,
My father and his brother inherited land on Pico.....they sold it for a token to a cousin who was working it.
When we bought our place on Pico 3 years ago it took almost a full year to bring all the paperwork legal and current to transfer. I have the name of a woman in Faial who works in the office that has to do with that.....I'd be glad to send you her email and you could pick her brain if you'd like.
Nancy Jean

> Date: Thu, 3 Jan 2008 12:09:17 -0800

> Subject: [AZORES-Genealogy] Re: Azores property transfer etc , request for information

Linda Norton

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Jan 3, 2008, 5:37:55 PM1/3/08
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Same as my mother who owned shares on land and property in Ribeira Grande, Sao Miguel. Her nephew sold it as well made some good money, but did all the work.  My mom’s passed and my dad’s ill so I don’t know how Manuel, her nephew took care of it, but he owns his own business so I’m sure there is a system, but I don’t know of it.

 

Sorry!

 

Linda Borges (Furtado) Norton


> </html

Marcio Borba

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Jan 3, 2008, 5:37:27 PM1/3/08
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Hi,
 
 
I believe you need to contact Cartorio (Registo Civil) of Ponta Delgada. I believe you also need to prove that your a descendant.
A problem there is if someone is taking care of that land for more than 30 years, they can claim it. I'm pretty sure about this.
 
Marcio

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celeste perry

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Jan 3, 2008, 9:27:24 PM1/3/08
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Anthony,
I have no personal experience with this topic;
however, there was land in the village where my
grandfather was born, Ligares, Tras-os-Montes,
Portugal, and the land was left to the Central Social.
This "home" was begun with the estate of Msgn. Julio
Martins by his niece and nephew. His nephew is a
lawyer here in Hayward and it took literally years for
him to get the title transferred to the Centro.
If the Azores transfer of title is anything like on
the mainland, you may need not only a lawyer here but
also one there. That is what happened in the case I
mention.
Celeste, Hayward, CA


Celeste Perry ccgr...@yahoo.com


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Maggie Sutton

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Jan 3, 2008, 11:26:01 PM1/3/08
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On my very first trip to Sao Jorge in 2003, I knew little about my family other than that my four grandparents were all born there - two of them in Ribeira Seca. My paternal uncle Frank's wife (Tina) had a cousin (yes, aren't all of the family ties confusing) who still lives in Ribeira Seca and so since she was the only person on the island that I sor-of-knew at that time, I got her name from my aunt Tina.  I was only on the island for a few precious days so Al and Ginny Dutra (my sincerely awesome tour coordinators) introduced me to a wonderful man, Antonio Pedrozo, to give me a tour of the island.  http://www.viagensaquarius.com/eng/index.htm  (Antonio is a gifted artist, painter, musician and now built a great place to stay in Velas, Sao Jorge).
Antonio drove me over to this cousins home - those that live there know where everyone lives - and since I can not converse in Portuguese, Antonio sat with us and translated the conversation. I brought them some gifts and they offered us coffee and a table full of cookies. After a few moments Antonio asked if I was ready to go see it - not knowing what they meant, he told me that they were going to go with us to show me my great-great-grandmother's house!! Maria Delfina Silveria b.1811 who married Antonio Silveira Rodrigues. I was shocked!  Of course I was delighted to go. We got into Antonio's van and traveled to the area Ribeira Acima, or "up the river" because it is just that, up the the dirt road along where a natural river or water path flows when it rains I guess. I really cried when I saw it. Antonio stopped the van on the dirt road so I could get out and stand there at the gate to the property. Beautiful acreage of green surrounded by the low rock walls, a little gate across the driveway, and this tall white house.  There are "cousins", and I still don't know their names, who have taken care of the place for I don't know how long. They welcomed me in, showed me around the main house, outside there was large open, cooking area, around back a large garage type building with another bedroom out there.  They were so proud as they had added on an inside bathroom.  Everything was so well taken care of. We were only there about 20 minutes at most.
I thanked all of them for showing us around and could not wait to get back here to show the pictures to my dad and uncle. Yikes - I was not ready for the reaction I got. I was just excited to see it - It never entered my mind that anyone would feel threatened. My aunt Tina was livid because she said that the people would think I wanted to take the place. My uncle Frank thought it reasonable that we should see the records or "accounts" of the property - no way!! Tina would not hear of it. My dad, who does not like any of this family history stuff, just said to leave it alone - of course I never had any intentions of doing anything else anyway.
So.... property there I think is in the hands of whoever has it... period. Keep the peace.
 
Maggie

Ron Raposa

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Jan 4, 2008, 9:41:21 AM1/4/08
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Just a sidelight to this discussion- A friend of mine had land in Ponta
Delgada and when I went over to the Azores he had me look it up for him. It
was property with a light house on it. Unfortunately, it was being used by
a family as a home for the past 20 or so years and according to the city,
the land was now owned by the residents. I guess they have some kind of
common law thing over there that allows sharecroppers or others to acquire
the land if they live on it for so many years and evidently pay taxes on it
I guess.
Just a point of info for those of you that acquire land there. Now this was
in 1994 so I don't know how it is now.

Ron Raposa

looking up Santos - Raposa - Estrella in Capelas' and Santa Barbara

----- Original Message -----
From: "celeste perry" <ccgr...@yahoo.com>
To: <Azo...@googlegroups.com>
Sent: Thursday, January 03, 2008 9:27 PM
Subject: [AZORES-Genealogy] Re: Azores property transfer etc , request for
information


>

tig...@gmail.com

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Jan 4, 2008, 10:09:23 AM1/4/08
to Azores Genealogy
Good morning Eliseu,

Thank you for your advice , Yes it would be a big help to get in
contact with someone that is familiar with portuguese land laws in
order to discover what the process is for property tranfer etc .

Contact name & email would be very helpful ..

Thanks again for your assistance !!

Anthony

On Jan 3, 12:27 pm, "eliseumanuel" <eliseuman...@sapo.pt> wrote:
> Hi Anthony,
>
> I can contact my lawer at Ribeira Grande and ask him if he can deal this
> issue. Then I will give him your address for you to talk about it. Please
> let me know if you want me to do this!
>
> Eliseu
>
>   _____  
>

tig...@gmail.com

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Jan 4, 2008, 10:14:05 AM1/4/08
to Azores Genealogy
Good morning Nancy ,

Thanks for your advice , From talks with many , it is as mentioned a
tedious process to get the property titles registered as documents
will need to go from the azores to Lisbon etc ... and things do take a
bit longer to process there ...especially if a lot of time has passed
since the owners passed away .

Yes , please do send me the contact name & email which will be helpful
to get us some information on the procedures ..I will probably make
atrip there in the summer to followup on the matter ...

Thanks ! appreciate your assistance !

Anthony

On Jan 3, 12:38 pm, nancy jean baptiste <fishsongf...@hotmail.com>
wrote:
> Hi Anthony,
> My father and his brother inherited land on Pico.....they sold it for a token to a cousin who was working it.
> When we bought our place on Pico 3 years ago it took almost a full year to bring all the paperwork legal and current to transfer. I have the name of a woman in Faial who works in the office that has to do with that.....I'd be glad to send you her email and you could pick her brain if you'd like.
> Nancy Jean> Date: Thu, 3 Jan 2008 12:09:17 -0800> Subject: [AZORES-Genealogy] Re: Azores property transfer etc , request for information> From: tigg...@gmail.com> To: Azo...@googlegroups.com> > > Hi Cheri ,> > I will elaborate a bit more on the "properties " that are to be> inherited as they are still registered in my Grandfathers name even> though he passed away in 1949 and left a written "unregistered" will> that showed which of the many properties went to which of 5 uncles and> Aunts .> Unfortunately because of a quirk in which my Grandfather &> Grandmother figured they woud save $$ & time in not registering> ( Penny wise , Pound foolish in hindsight ) ,Example : Everyone in the> village knows who's property that is ! ..LOL the properties are still> in my Grandfathers name .. and my Uncle in Sao Bras pays the taxes> every year for the propertis which are all rented , year to year .> > Three of my Uncles ( co -inheritors) have already passed on and my> Father is one of the live inheritors and he would like to have the> land title transfer of the properties he is entitled to for myself &> my siblings before, he too , passes on ...> > The value of the properties in the Azores is very close today to what> we pay in North America for property close or in the village , so the> Value in Euros is substantial for anyone that stands to inherit> property as a member of the family estate .> Just another hoop for us transplanted Azorean/ Canadians/Americans who> are in line to get inheritances from the old country to go> through ...> FYI , some of these places are quite nice , can be future retirement> or holiday homes ...> looking forward to your comments ...> Thanks for the tip Hermano , I have tried the consulate , they> suggested I hire a L:awyer , but whom to choose that will act in your> best interests and do all of the legwork ?> I am hoping someone here in North America has had to go through the> Portuguese legal system and may have some advice on what to do etc etc> to successfully get the paperwork done there ...> > Regards,> > Anthony J. Moniz> > On Jan 3, 11:25 am, "Cheri Mello" <gfsche...@gmail.com> wrote:> > Hi Anthony,> >> > I have no clue.  I haven't seen anything on the list either.  We mostly just> > find the deceased, not their property.  Some of us can't even find the> > freguesia!  And you found their property!  If anyone on the list knows, I'm> > sure they'll contact you.> >> > Cheri> _________________________________________________________________
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Cliff Nye

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Jan 4, 2008, 11:18:21 AM1/4/08
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Maggie
When I read this just now, I became very jealous. I so wish I could go to Flores and see my family home, if it is still there. Actually, in one of the baptismos, I found the address for their home. The priest actually wrote down the street name and numbers, which surprised me.

Anyway, I also would love to go to the continent and visit my Grandfathers family in Arada, Aveiro, north of Lisboa. Then, I have email friends who live in Lisboa who I would love to meet in person. The one, Luis K.W. And I have been writing back and forth for years now. In fact, it was because of his help that I located my family. He actually called and spoke with my elderly cousin, who is my mother age approximately(83-85) and told him about my search. After a couple of minutes, “Duarte” told Luis that I could quit looking and that I had found my family. He told him that he was my Grandfathers nephew. Later, I got a call from his daughter Odette, who is my age, and she told me that her father had asked her to call me to respond to a letter I had sent to them. She spoke very passable English and was the only one who spoke English. She called me from their summer home on the “Coast”.
Anyway, I know that going to Portugal or the Açores is out of the question due to my health, so I dream using your descriptions of meeting family and such.
I do know this much, because of all your family and ancestors, we have you as a friend, for which I am so grateful. Say hello to Dave for me.
Fond regards
Cliff

--
Cliff Nye    In HIS Service
Member: Association of Professional Genealogists
Researching Flores: Canhoto, Jacintha, Pimentel,  Avellar(also on Corvo) Carvalho, Furtado, Nunes, and, on the continent, Rocha. Also, Capellas, São Miguel for Simão and Medeiros. Also, German & Belgium for: Nye, Neu and Pieters(Hoffenheim, Baden, Germany)

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Sam Koester

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Jan 4, 2008, 12:57:57 PM1/4/08
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Just as an addition point of interest on this topic, I believe we still have
similar laws on land in this country only it only takes 7 years for the land
to revert to the occupiers. As I recall, it must be made use of and have
the taxes paid by the "occupying party" with no protest from the deeded
owners. If those three things happen for seven consecutive years, the land
transfers to the "occupying party". I can't think of the legal term for
this procedure at the moment. This is coming from my foggy memory of taking
my real estate courses 30 years ago! Sam in CA

-----Original Message-----
From: Azo...@googlegroups.com [mailto:Azo...@googlegroups.com] On Behalf Of

ea...@comcast.net

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Jan 4, 2008, 2:10:02 PM1/4/08
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Sam,
 
The popular term is Squatter's Rights.
 
Eric
 
> looking up Santos - Raposa - Estrella in C apelas' and Santa Barbara
>
> ----- Original Message -----
> From: "celeste perry"
> To:
> Sent: Thursday, January 03, 2008 9:27 PM
> Subject: [AZORES-Genealogy] Re: Azores property transfer etc , request for
> information
>
>
> >
> > Anthony,
> > I have no personal experience with this topic;
> > however, there was land in the village where my
> > grandfather was born, Ligares, Tras-os-Montes,
> > Portugal, and the land was left to the Central Social.
> > This "home" was begun with the estate of Msgn. Julio
> > Martins by his niece and nephew. His nephew is a
> > lawyer here in Hayward and it took literally years for
> > him to get the title transferred to the Centro.
> > If the Azores transfer of title is anything like on
> > the mainland, you may need no t only a lawyer here but

nancy jean baptiste

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Jan 4, 2008, 1:28:39 PM1/4/08
to azo...@googlegroups.com
It's called adverse possession here in Arkansas........7 years is the law......some friends of mine just bought 20 acres and learned after the fact that the neighbor has been using the lakefrontage for years and WILL win if it goes to court!
Nancy Jean

Anton...@aol.com

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Jan 4, 2008, 5:08:02 PM1/4/08
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I know people from Portugal who will not rent their homes, because of this problem to get the tenants out even when they have stopped paying rent.I've heard some tales...especially when trying to evict cousins.
 
  Laws in Europe truly protect the tenants.  I know that in some countries it is impossible to remove tenants in the winter. Possibly Portugal is one of these countries.
 
  I had lunch recently with a friend who inherited a condo near Porto.  She mentioned that she wished she could rent the condo as she seldom goes to Portugal- hasn't been there in three years.  Her friends go by periodically to check the condo. 
 
As for property in the Azores, my father apparently inherited from his mother's and father's side.  I know that once he hired a lawyer to transfer his share of the property to a cousin who lived on the property.  It cost him a penny for the lawyer but he wanted no part of the estate. 
 
Toni

Sam Koester

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Jan 4, 2008, 8:28:43 PM1/4/08
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Nancy Jean;  That’s it, Adverse Possession is the term I was looking for.  It’s 7 years here in CA too.  Didn’t your friends get a title search and a clear title before they purchased the property?  Sam in CA

> </html

John H. Cunha

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Jan 4, 2008, 11:07:39 PM1/4/08
to Azo...@googlegroups.com
The term at law is indeed _adverse possession_, which in Massachusetts
must be for a minimum of 20 years, which is the common law period in
England, or at least was 200 years ago. As a rule, the period required
for adverse possession decreases as one moves west in the U.S., a
reflection of the fact that as people emigrated west there was more land
and a sense that it ought to pass quicker to those who were actually
using it than be kept by those who may technically own it, but had
abandoned it. That being said, the standard in Massachusetts for proving
adverse possession is that it must be held "openly and notoriously,"
that is, you cannot simply use land but must make clear that you are in
every sense using the property as an owner would, including paying taxes
on it. I don't know if proving adverse possession is as stringent in
other states or in the Azores as it is in Mass., but my somewhat vague
memory is that just as the period of time decreases as one moves west in
the U.S., the ease of proving adverse possession also increases.

Jack Cunha wrote:

Sam Koester wrote:
>
> Nancy Jean; That’s it, Adverse Possession is the term I was looking
> for. It’s 7 years here in CA too. Didn’t your friends get a title
> search and a clear title before they purchased the property? Sam in CA
>

> *From:* Azo...@googlegroups.com [mailto:Azo...@googlegroups.com] *On
> Behalf Of *nancy jean baptiste
> *Sent:* Friday, January 04, 2008 10:29 AM
> *To:* azo...@googlegroups.com
> *Subject:* [AZORES-Genealogy] Re: Land in the Azore's

cunha.vcf

Eugenia Paine Rapasky

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Jan 5, 2008, 1:11:34 PM1/5/08
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John,
 
Every good information.  Thank you for sharing your knowledge.
 
Eugenia

Eugenia Paine Rapasky

E-mail: Eugen...@Yahoo.com


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Elaine Sharp

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Jan 5, 2008, 1:49:27 PM1/5/08
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My niece's husband and his brother were left land on the island of Pico.  I don't know what process they went through, but they are now having a winter home built on the property. 
 
"E"

Maggie Sutton

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Jan 5, 2008, 4:07:29 PM1/5/08
to Azo...@googlegroups.com
I wonder if it is different when you are left a piece of land versus a building that can be lived in. It seems that if someone who needs a residence can move in to an unoccupied living structure, then they can stay.
 
Maggie
----- Original Message -----
Sent: Saturday, January 05, 2008 10:49 AM
Subject: [AZORES-Genealogy] Re: Land in the Azore's

Marr...@cs.com

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Jan 5, 2008, 6:56:59 PM1/5/08
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In a message dated 1/5/2008 4:08:06 PM Eastern Standard Time, maggie...@charter.net writes:
I wonder if it is different when you are left a piece of land versus a building that can be lived in. It seems that if someone who needs a residence can move in to an unoccupied living structure, then they can stay.


The principle is the same for cultivating a field that is not yours. You do it openly, do not equivocate, and pay the taxes and eventually you will at least have the legal right to comtinue the arrangement if not ownership itself.

nancy jean baptiste

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Jan 5, 2008, 7:56:33 PM1/5/08
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Hi Sam,
Unfortunately they bought the land from an individual and I have no idea why the discrepancy didn't show up.....it's a very big mess and the land hasn't even got an easement into it......all in all not a sound land purchase.....they thought they were getting a "deal"! OOOPs
Nancy Jean


From: sam...@surewest.net
To: Azo...@googlegroups.com
Subject: [AZORES-Genealogy] Re: Land in the Azore's
Date: Fri, 4 Jan 2008 17:28:43 -0800


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nancy jean baptiste

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Jan 5, 2008, 9:37:39 PM1/5/08
to azo...@googlegroups.com
Hi Elaine,
Do you know what village they're building in.......how blessed they are!
Nancy Jean


Date: Sat, 5 Jan 2008 10:49:27 -0800
From: belle...@gmail.com

To: Azo...@googlegroups.com
Subject: [AZORES-Genealogy] Re: Land in the Azore's

My niece's husband and his brother were left land on the island of Pico.  I don't know what process they went through, but they are now having a winter home built on the property. 
 
"E"




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Ray Souza

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Jan 6, 2008, 12:47:08 AM1/6/08
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Ron : I believe the term "Easement" refers to claiming property after prolonged use. The term "Eminent Domain " refers to a government foreclosure on property to secure said property for their purposes of use. Listers please correct me if I am wrong with this.Now this is USA terms not Portugal.
 
Ray Souza

Sam Koester <sam...@surewest.net> wrote:

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Sam Koester

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Jan 6, 2008, 1:40:19 AM1/6/08
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One can have an easement over another’s property to get to a “landlocked property”.  Public Utilities have easements over private properties to service their utilities.  An “easement”, I believe, is the use of one’s private property for the benefit of another.   Again, this is in CA that I am speaking of.   Sam in CA

 

From: Azo...@googlegroups.com [mailto:Azo...@googlegroups.com] On Behalf Of Ray Souza


Sent: Saturday, January 05, 2008 9:47 PM
To: Azo...@googlegroups.com

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Elaine Sharp

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Jan 6, 2008, 2:15:50 AM1/6/08
to Azo...@googlegroups.com
Nancy Jean,
 
Sorry, I do not know where on Pico they are building their winter home.  I will have to find out.  Good question. 
 
"E"

tig...@gmail.com

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Jan 6, 2008, 8:30:02 AM1/6/08
to Azores Genealogy
Good morning To All ,

very good advice , Guess the saving grace in all of this matter is
that my Uncle living in the Azores had the "Power of Attorney" and
rented the lands out on behalf of his siblings for 6 year terms ...
He has paid the taxes on those lands from the bank accounts that were
set up for each of the siblings .
The difficulty may lie with removing rental tenants who farm the land
if/when required ...will need to find out the minimum notice required
by law , the existing rental laws if they are as they were ... seem to
put the tenant on a higher priority than the owner(s) of the
property . Will look into that matter and the rest and advise the
group ...

I originally posted this request for information because I figured
that among our Azores group , there must be many more that are in line
to receive inheritances from their parents , grandparents and the path
will be much the same in getting the transfers of title etc ...

Thanks again to you all !, appreciate all of the info & comments , I
will post the results of my findings to you all as the information
becomes available ...

Anthony Moniz

On Jan 5, 3:56 pm, Marra...@cs.com wrote:

Cliff Nye

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Jan 6, 2008, 1:52:00 PM1/6/08
to Azo...@googlegroups.com
Ray, Ron and others.
If I may give an opinion,  I think I differ from your definition. An easement is the right of another person or entity(such as the city) to a certain property for a certain purpose. For instance, the parkway in front of my house, on which I planted the lawn, put in the sprinklers, cut the lawn and pay the water bill for each month, is not mine per se. The city has a right to come in and use it for whatever purpose, including the trees on the parkway. They had grown hugh(3) and eventually each one was blown over by the Santa Ana Winds. The city was responsible to come out, cut them up and haul them away. They have the easement so they belonged to the city. Also, the utilities have their equipment in the parkway. The city also had to come out, use the “stump grinder” to get rid of the stump and then plant a new tree. It’s their easement.

Now, “eminent domain” is the right of the public entity, be it a city, county, state or Federal Government to take that property that they need to make improvements for the publics benefit. An example, right here in the great Los Angeles Basin, was the states condemning land which they then cleared for the purpose of building a new freeway. This could also occur for the purpose of clearing houses away to build a school or other building for the benefit of the public. They are required to repay the owners the “fair market value” of the homes that they condemn under “eminent domain”. This can go on for years on occasion.
Anyway, I just wanted to add my opinion  to the list.
Hope everyone is having a Happy New Year
Ray and Ron=keep it up guys. You really help make the list what it is.
God Bless one and all
Cliff
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