• fiasco@possumpat.io
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    1 year ago

    Fun question, but it leads to other questions…

    First, are vampires stopped at the property line, or only at the threshold of some appurtenance (e.g., a house)? After all, you’re asking about real estate, and real estate is primarily concerned with land, not buildings.

    This sort of matters because, are we assuming that vampire law is coincident with human law? By this I mean, if vampires were to take control of the government and abolish real estate law, would they then be able to enter any property or building, anywhere, anytime?

    If vampires do observe human law, then realistically, they probably wouldn’t be able to enter a leasehold without the tenant’s permission. The fundamental right of tenancy is peaceful enjoyment, and in fact tenancy is a legal property right, to access the property in question and do anything, without undue burden, allowed under the terms of the lease. It would be a violation of peaceful enjoyment for a landlord to allow vampires into the unit.

    The right of inspection, by the way, is explicitly carved out in real estate law. The right to let vampires into the unit is, to my knowledge, not enumerated.

    • Notyou@sopuli.xyz
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      1 year ago

      Great stream of thoughts. I don’t have much to add, but True Blood had a vampire purchase the house of someone when it was put up for sale. The owner was missing. He didn’t move in. He just bought it to keep it. When she (the owner) came back and moved in the vampire was able to come and go as he pleased even though she was living in the house she grew up in. She couldn’t uninvite him.

    • SSTF@lemmy.worldOP
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      1 year ago

      Can an apartment building owner give permission for a vampire to enter an apartment even if the tenant is refusing? If so, does the owner need to be on-site, or can permission be given over the phone?

      If an apartment owner can give permission, can a bank that forecloses on a home give permission for a vampire to enter, even at resistance of the people actually living in the home? Do the people need to be aware their home has been foreclosed on, or can it say, be done as a legal fiction in the dead of night by a vampire corrupted bank to allow entry?

      • AnAnxiousCorgi@lemmy.blahaj.zone
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        1 year ago

        I think the apartment owner can give permission, but only if they’ve given proper notice to the tenant. Most states I believe require 24-48 hours prior notice, except in the case of an emergency. I’m not sure what would constitute a legally valid vampire-emergency, but as long as the landlord properly notifies the tenant in advance I believe they could.

      • Steve@compuverse.uk
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        1 year ago

        Most times I’ve seen it, permission can be given by any resident. Ownership doesn’t play a part at all. So I would guess a land lord can’t give permission.

        Also I recall one example of permission being required for entering an apartment, but not the building. Though in that case the vampire in question was living in annother apartment in the same building.

      • tetris11@lemmy.ml
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        1 year ago

        Do the people need to be aware their home has been foreclosed on, or can it say, be done as a legal fiction in the dead of night by a vampire corrupted bank to allow entry?

        There was a 2020 documentary that elucidates this to some degree, in the sense that Vampire rules are only as effective as both the people and the vampire in question believe in them. For example, the whole burning under the daylight sun trope is merely a state of mind/habit reinforced by generations of preyed upon cultures to the degree that the vampire believes it themselves.

        To this then, I say that both the vampire and the people need to be aware their home has been foreclosed on for any effect to occur.

    • Steve@compuverse.uk
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      1 year ago

      Most times I’ve seen it, permission can be given by any resident. Ownership doesn’t play a part at all. So I would guess a land lord can’t give permission.

      Also I recall one example of permission being required for entering an apartment, but not the building. Though in that case the vampire in question was living in annother apartment in the same building.