Property Compliance

    In order to protect and enhance the value of corporate assets, a business manager must know what property needs to be protected. There are differences between the ways the law protects the different types of property: real property, personal property, and intellectual property. Select one type of property. Explain two legal risks with that type of property. Why is it important for a manager to be aware of these specific risks?

Sample Solution

   
  • Title defects: Title defects are errors or problems with the ownership of real property. This can include things like missing or forged documents, errors in the chain of title, or liens on the property. Title defects can make it difficult or impossible to sell or refinance the property, and they can also expose the owner to liability.
  • Environmental liability: Environmental liability is the legal responsibility for cleaning up hazardous waste or other environmental contamination. This liability can be imposed on the current owner of the property, even if they were not responsible for the contamination. Environmental liability can be very expensive to address, and it can also damage the property's value.

Full Answer Section

     

It is important for business managers to be aware of these risks because they can have a significant impact on the value of the property and the business's ability to operate. Managers should take steps to minimize these risks, such as conducting title searches and environmental assessments before buying or developing real property.

Here are some additional legal risks associated with real property:

  • Zoning violations: Zoning laws regulate the use of land in a particular area. Violating zoning laws can result in fines, penalties, or even the loss of the property.
  • Eminent domain: Eminent domain is the government's power to take private property for public use. The government must provide just compensation to the property owner, but eminent domain can still be a major financial loss for the owner.
  • Litigation: Real property disputes are often complex and expensive to litigate. Business managers should take steps to avoid litigation, such as drafting clear contracts and agreements and resolving disputes early.

By understanding the legal risks associated with real property, business managers can take steps to protect their assets and avoid costly problems.

Here are some specific things that business managers can do to minimize the legal risks associated with real property:

  • Conduct title searches and environmental assessments before buying or developing real property.
  • Draft clear contracts and agreements with tenants and other parties.
  • Inspect the property regularly for signs of damage or defects.
  • Keep good records of all transactions related to the property.
  • Obtain insurance coverage for the property.
  • Work with an attorney to resolve any disputes that arise.

By taking these steps, business managers can help to protect their assets and avoid costly legal problems.

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