[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-19 Thread Karen Huffman
It really is too bad that the U.S. can't use common sense like that!  I
always thought that my Portuguese side of the family was more down to earth
and good common sense. Now I know it to be true! The other side well..

On Mon, May 18, 2009 at 4:28 PM, Cheri Mello  wrote:

> Karen,
>
> From my understanding, they are not sue happy in the Azores like it is in
> America.
>
> When I saw the tourada a corda (bull on a rope) on Terceira, and the men
> going out there standing in front of the bull, I asked the band director if
> that was a lawsuit waiting to happen.  He said no, they don't sue for
> everything there like they do in America.  If you're dumb enough to stand in
> front of the bull and you get hurt, it's your problem and the lawyers there
> would not take your case.
>
> Cheri Mello
> Listowner, Azores-Gen
> Researching: Vila Franca, Ponta Garca, Ribeira Quente, Ribeira das Tainhas,
> Achada
>
>
> >
>


-- 
Hugs and Blessings from Karen (Medeiros) Huffman in Paso Robles, CA USA

Searching for Medeiros and Cabral in Sao Miguel, Santos, Silva and Costa in
Terceira Acores.

Searching for Anderson and Swanson in Sweden and Schaeffer and Schommer in
Germany.

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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-18 Thread Cheri Mello
Karen,

>From my understanding, they are not sue happy in the Azores like it is in
America.

When I saw the tourada a corda (bull on a rope) on Terceira, and the men
going out there standing in front of the bull, I asked the band director if
that was a lawsuit waiting to happen.  He said no, they don't sue for
everything there like they do in America.  If you're dumb enough to stand in
front of the bull and you get hurt, it's your problem and the lawyers there
would not take your case.

Cheri Mello
Listowner, Azores-Gen
Researching: Vila Franca, Ponta Garca, Ribeira Quente, Ribeira das Tainhas,
Achada

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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-18 Thread nancy jean baptiste

When we bought our property on Pico it took over a year from the time we gave 
them earnest money for the title to be brought current and legal to transfer. 
Property issues are very complex in the Azores and it would probably be worth 
your while to retain a property lawyer in Sao Miguel. I'm sure someone on the 
list who lives there could recommend one for you.

Nancy Jean
 


Date: Mon, 18 May 2009 10:57:59 -0700
Subject: [AZORES-Genealogy] Re: Property on the Azores Islands
From: khuffl...@charter.net
To: Azores@googlegroups.com

My families problem with a property is Sao Miguel is just the opposite. The 
property is connected to 3 or 4 other homes. They are on the waterfront. The 
front of the property faces the street and the back is the ocean with no 
windows to view it! It was my grandfathers since 1920. My grandparents had 
never been back. After my grandfather died in 1958, my grandmother tried 
selling it. People live in itstill. My father and his siblings tried 
selling it 3 times since my grandmother died. No luck. No matter what they do 
or what papers they provide, they cannot get the powers that be to remove their 
names from the title. My aunt even went back there last year. She took pictures 
and talked with the family in the house. They want to live there and stay there 
but we can't get the title transferred. They tried saying it was a gift. To us 
the property looks in disrepair and not worth anything. We don't understand the 
problem with the title. Maybe they have different rules or ways of looking at 
it. As our family sees it. Since 1920 somebody or many people have had free 
housing. None of us are bothered by that. We are bothered by the fact that the 
title is still in our family name. What happens if someone gets hurt or they 
want to tear it down at the owners expense? Will our family still be held 
liable after all these years? Or are they not sue happy and land scheme happy 
like some people in the U.S. ?










 
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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-18 Thread nancy jean baptiste


 


Date: Mon, 18 May 2009 10:57:59 -0700
Subject: [AZORES-Genealogy] Re: Property on the Azores Islands
From: khuffl...@charter.net
To: Azores@googlegroups.com

My families problem with a property is Sao Miguel is just the opposite. The 
property is connected to 3 or 4 other homes. They are on the waterfront. The 
front of the property faces the street and the back is the ocean with no 
windows to view it! It was my grandfathers since 1920. My grandparents had 
never been back. After my grandfather died in 1958, my grandmother tried 
selling it. People live in itstill. My father and his siblings tried 
selling it 3 times since my grandmother died. No luck. No matter what they do 
or what papers they provide, they cannot get the powers that be to remove their 
names from the title. My aunt even went back there last year. She took pictures 
and talked with the family in the house. They want to live there and stay there 
but we can't get the title transferred. They tried saying it was a gift. To us 
the property looks in disrepair and not worth anything. We don't understand the 
problem with the title. Maybe they have different rules or ways of looking at 
it. As our family sees it. Since 1920 somebody or many people have had free 
housing. None of us are bothered by that. We are bothered by the fact that the 
title is still in our family name. What happens if someone gets hurt or they 
want to tear it down at the owners expense? Will our family still be held 
liable after all these years? Or are they not sue happy and land scheme happy 
like some people in the U.S. ?


On Sun, May 17, 2009 at 2:34 PM, Eugenia  wrote:


I agree with everyone's comment.

I have a cousin, that asked me to research her Grandmother's land in
Pico.  Her Grandmother died over 7 years ago.  At the time when her
grandmother died my cousin got a lawyer to look into the property and
was told that the property was worthless.

When she asked me to look into the property a few years ago.  The


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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-18 Thread Karen Huffman
My families problem with a property is Sao Miguel is just the opposite. The
property is connected to 3 or 4 other homes. They are on the waterfront. The
front of the property faces the street and the back is the ocean with no
windows to view it! It was my grandfathers since 1920. My grandparents had
never been back. After my grandfather died in 1958, my grandmother tried
selling it. People live in itstill. My father and his siblings tried
selling it 3 times since my grandmother died. No luck. No matter what they
do or what papers they provide, they cannot get the powers that be to remove
their names from the title. My aunt even went back there last year. She took
pictures and talked with the family in the house. They want to live there
and stay there but we can't get the title transferred. They tried saying it
was a gift. To us the property looks in disrepair and not worth anything. We
don't understand the problem with the title. Maybe they have different rules
or ways of looking at it. As our family sees it. Since 1920 somebody or many
people have had free housing. None of us are bothered by that. We are
bothered by the fact that the title is still in our family name. What
happens if someone gets hurt or they want to tear it down at the owners
expense? Will our family still be held liable after all these years? Or are
they not sue happy and land scheme happy like some people in the U.S. ?

On Sun, May 17, 2009 at 2:34 PM, Eugenia  wrote:

>
> I agree with everyone's comment.
>
> I have a cousin, that asked me to research her Grandmother's land in
> Pico.  Her Grandmother died over 7 years ago.  At the time when her
> grandmother died my cousin got a lawyer to look into the property and
> was told that the property was worthless.
>
> When she asked me to look into the property a few years ago.  The
> people named on the Title or to take care of the property were all
> dead.  I asked a surviving sister of the brother who was one of them
> to take care of property about the property.  She is old and could not
> remember.
>
> It is important to put everything in WRITING.  And have in WRITING A
> contingent, when the person named is dead what happen to the property
> etc.
>
> Do not assume that the land or money is going to be there waiting for
> you to claim it.
>
> I have a question??
> I thought a few years ago that land that was abandon for a certain
> amount of time that the Portuguese Government took the land and gave
> it or sold it.  Is this true?
>
> Eugenia
> eugenia...@yahoo.com
>
> >
>


-- 
Hugs and Blessings from Karen (Medeiros) Huffman in Paso Robles, CA USA

Searching for Medeiros and Cabral in Sao Miguel, Santos, Silva and Costa in
Terceira Acores.

Searching for Anderson and Swanson in Sweden and Schaeffer and Schommer in
Germany.

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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-18 Thread Eugenia

I agree with everyone's comment.

I have a cousin, that asked me to research her Grandmother's land in
Pico.  Her Grandmother died over 7 years ago.  At the time when her
grandmother died my cousin got a lawyer to look into the property and
was told that the property was worthless.

When she asked me to look into the property a few years ago.  The
people named on the Title or to take care of the property were all
dead.  I asked a surviving sister of the brother who was one of them
to take care of property about the property.  She is old and could not
remember.

It is important to put everything in WRITING.  And have in WRITING A
contingent, when the person named is dead what happen to the property
etc.

Do not assume that the land or money is going to be there waiting for
you to claim it.

I have a question??
I thought a few years ago that land that was abandon for a certain
amount of time that the Portuguese Government took the land and gave
it or sold it.  Is this true?

Eugenia
eugenia...@yahoo.com

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[AZORES-Genealogy] Re: Property on the Azores Islands

2009-05-16 Thread Marralha
In a message dated 5/16/2009 6:25:20 PM Eastern Daylight Time, 
ldfi...@hotmail.com writes: 
> I just wanted to inform as many people as possible of an issue that
> has been affecting some of us who are currently living away from the
> Azores but still have some ties with the Islands either through family
> that are still living or deceased.
> 
> I am a Portuguese Canadian, my parents were born on the Island of
> Santa Maria and moved to Canada in the 70's.  Most of my aunts and
> uncles moved away from the island as well leaving both my paternal and
> maternal grandparents on the Island.  Any one familiar with the island
> knows that as a result of the emigration of citizens  over the recent
> history of the Islands has led to many old homesteads and property
> unclaimed by heirs who either have little knowledge of the inheritance
> laws, do not have knowledge that they have even inherited property or
> often feel that the difficulties in making a claim outweigh any
> benefits.  A lot of land and houses lay abandoned because of this.
> 
> Over the past 15 years or so, there have been a number or unscrupulous
> people who have taken advantage of this, there are numerous stories of
> people selling property to unsuspecting buyers who in the end do not
> have legitimate rights to do so.  I would like to tell you of our
> story.
> 
> About ten years ago, a german woman approached my functionally
> illiterate grandmother regarding a piece of property that included the
> home that my grandfather had been raised in.  My grandmother, was
> convinced that this woman was genuinely trying to help her out by
> taking over the maintence of the property.  She understood and
> explained to the german woman that the property was partly owned by
> her children (my father and his brothers) and that there was no way
> that it could be legally sold to her.  She indicated that she
> completely understood and that she was only looking for a place where
> she could spend vacations and they agreed to a long term rental
> agreement.
> 
> Last year, just after my grandmother passed away, we noticed that my
> grandfathers home was listed on the internet up for sale.  Since then
> we have traveled to Santa Maria a number of times and after speaking
> with the land titles office have discovered that this woman has done
> this to many families there.  Currently there are eight claims against
> her.  We were extremely lucky to catch her before she actually sold
> the property, but we are still in the process of getting the titles
> changed to the legitimate heirs.  One of the cases that has been heard
> and won was for a German couple who purchased a home from her, gave
> her the deposit that she had been asking for then after investing a
> lot of money on renovations, discovered that the actual heirs lived in
> California.  They have since rectified everything, and were successful
> in getting their deposit back from the person who sold it to them, but
> even so, this woman continues to operate there.  My parents found out
> from city hall on Santa Maria that she has a reputation, that the real
> estate agencies no longer accept her listings so she is operating from
> Sao Miquel.
> 
> I strongly urge people who still have family or ties in the Azores to
> be aware of their property and land.  I know that since then I have
> been scanning the internet all the time for "land for sale on the
> Azores".
> 
This is a very old problem. Even for those in the Azores, people often die 
without wills and the "partilhas" (the division of the estate among the 
widow and surviving children) are often done by word of mouth and never 
registered in order to avoid legal fees and taxes. In my father's case, when he 
bought out his father's share of an estate, he found that the deeds were still 
in the name of his great grandparents!

The other problem is that, just as in the US, if someone pays the taxes on 
a property, lives on the property, essentially occupies without interference 
from the owners, then, after seven years, that person has the right to 
insist that he be granted title to that property. 

I know of many people whose parents and grandparents owned property in the 
Azores. When the owners die, the heirs take no action to probate these 
estate (the so called "partilhas"), and trust friend and neighbors to work the 
land, pay the taxes etc. Unfortunately, some of those friends and neighbors, 
having paid the taxes for a number of years without reimbursement from the 
heirs, simply claim the property for themselves. The heirs feel cheated; the 
people who claim the land feel that, since they've paid the taxes on the land 
without reimbursement, they are entitled to claim the parcel of land as 
their own. I've always taken care to take care of these matters. My wife has 
been much more laissez-faire; as a consequence she has had the unfortunate 
experience of learning that a parcel she thought was hers now belongs to her 
cousins! The faul