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Is Land Possession Certificate considered as property in your Laws ?

Discussion in 'Other Legal Issues' started by Nguyen, Apr 14, 2021.

  1. Nguyen

    Nguyen Law Topic Starter New Member

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    Hi everyone, I'm from Vietnam. My English is not really good but i appreciate your help a lot
    I'm conducting a research about the differences of property definition between Vietnam Laws and other country laws such as UK Laws, US Laws, French Laws.
    In Vietnam, Land Possession Certificate is not considered as property. If someone have taken your Land Possession Certificate and you want to sue them in order to get it back, you cannot, because it is not a property.
    I want to know if Land Possession Certificate is considered as property in your country's Law.
    And if yes can i have the Article and clause in the laws, and also some actual case about it.
    Thank you
     
  2. Zigner

    Zigner Well-Known Member

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    A "Land Possession Certificate" is not something that exists in the US. We have items called "deeds" that are documents that show ownership of property. However, simply possessing the deed doesn't generally mean one owns the property. The deed simply memorializes who owns the property. If somebody took my copy of the deed to my property, that doesn't mean they own the property. If someone were to steal my copy of my deed, I would contact the police, as the document is owned by me. It's no different than if they were to steal my bicycle or my television.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Why are you doing that research? Is it a homework assignment or do you have a specific legal problem? Though I can't imagine any land ownership problem that involves the laws of 4 countries.
     
  4. Nguyen

    Nguyen Law Topic Starter New Member

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    Actually, i'm doing my dissertation. So i need quotes that show the differences between Vietnam laws and other is.
    In this case, i'm doing about the property definition.
     
  5. Nguyen

    Nguyen Law Topic Starter New Member

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    Thank you for your reply.
    In my country's Law, if you want to sue someone for stealing properties or contact the police, first it has to be property. Deeds are not considered as property, so if you lost your deeds to someone, you could not get it back. you just can make a new one.
     
  6. zddoodah

    zddoodah Well-Known Member

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    For starters, please note that property laws vary from one state to another (although there is a significant degree of uniformity). While it's possible that there are some states where the term "land possession certificate" has some legal meaning, it's not a term I've ever heard before, so the question doesn't make any sense in the context of U.S. law (or at least the laws of my state).

    In the U.S., theft is a crime that the police would investigate. Theft is also a civil wrong (a "tort") that can be redressed by a lawsuit -- typically for conversion or trespass to chattels (the police would not be involved in the civil lawsuit (except perhaps as witnesses, and there is no need to involve the police before suing). "Chattels" refers to personal property (i.e., tangible property other than land and structures permanently affixed to the land. "Personal property" is contrasted with "real property," which refers to land and structures permanently affixed to the land. It's not possible to "steal" real property. A deed is a document that evidences ownership of (or other interests in) real property. A deed would be considered property, but it's not property that has any value in and of itself. Rather, the deed's value is in its ability to evidence ownership of a piece of real property. Also, possession of a deed has no legal significance in terms of ownership of the property. Just because I steal your deed doesn't mean I own the property that is the subject of the deed.
     
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  7. Nguyen

    Nguyen Law Topic Starter New Member

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    Thank you for your reply
    Do you have any source of state law related to property where i can read online?
    I really appreciate it.
     
  8. zddoodah

    zddoodah Well-Known Member

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    That's awfully vague. Below is a link to California's codes. They're incredibly voluminous, and laws "related to property" are found in most of them. And, as mentioned, the other 49 states' laws are a bit different. You'd probably be better off with a legal encyclopedia or treatise, but I don't know any that are available online without cost.

    Code Search
     
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  9. adjusterjack

    adjusterjack Super Moderator

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    Every state in the US has it's own property statutes. You can access all of them at:

    US Laws, Codes & Statutes
     
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