Comments: Guest Post: I Heart Property Law and Vampires Should Too

Hee. You may be relieved to know that you're not the only one who's been pondering this with increasing bewilderment and frustration!

Also - is it possible that Isobel, prior to occupying a foreclosure, has the trustee/real estate agent show her round on the pretense of her considering buying/renting it... during which time she'd gain an invite?

Posted by EleanorPalimore at April 13, 2011 11:58 PM

Wow. I haven't ever seen TVD (I just understood what you mean with that, and I feel proud and useless :D), but I've read the whole thing, and liked it xD Now I want to watch it... I'll have to get time out of nowhere. Thanks for the post, I laughed at it even without understanding half of it. I FEEL INTELLIGENT. *irony#

Posted by Ines~ at April 14, 2011 01:48 AM

This is brilliant. The brothers should put you on retainer asap.

Posted by Whitney at April 14, 2011 08:45 AM

I LOVE your legal insanity! You are even more warped than I am! We all think we hyperanalyze every episode. Christine has managed to take it to a whole 'nother level! This is fabulous! lol

Posted by mak75231 at April 14, 2011 10:51 AM

I wonder most about Logan because that just doesn't make any sense whatso ever. And I am sure more than 2 people have read to the end, it's interesting!

Posted by Mineola at April 14, 2011 10:58 AM

You do have an interesting subject there! I am sure many of us have had headaches figuring this out.

To add to the obscurity, an interesting situation too is the not mentioned premise of the Boarding House were Pearl & Tomb Vamps were staying and Stefan got tortured.
Damon couldn't get in and the landlady was compelled to never let him in. When he went back with Alaric, he got in. The question is: is this because Alaric invited him and could invite him in as in being a guest or because Damon killed the lady out on the porch, the house didn't have an owner at that time and he's free to enter? Depending on the lady's last will, the house would switch ownership to the bank and we end up in the situation of Isobel's forclosures or to a person who would inherite the house. The new owner should be the one to invite vamps.

So my feeling all together is that they do not really need to be the owner of the property, they could be a guest aswell. Maybe even Logan could have got his appartment back if he got someone to invite him into his own house. :P

Posted by Josy at April 14, 2011 11:25 AM

Hahah, I'm not sure I understood all of it but still very entertaining :D I've definitely thought about this, it doesn't always make sense. As you said, maybe this isn't the best way to spend our time but can't really drop it. ;)
I think it should be enough for Elena to move in with them? But maybe they give it to her to be certain. And since they supposely are dead they can't really own even part of a house? Not without some compelling anyway...
thnx for the thoughts and I think the show should talk to you before the next invitation to/from anyone of any kind ;)

Posted by Beata at April 14, 2011 12:51 PM

I'd always assumed that Zach owned the Salvatore boarding house & since no one knows he's dead, the 'authorities' leave him & the house alone. I'm pretty sure after Zach's death any vampire could walk into the boarding house. I figured that when Damon got Elena to sign the contract he was somehow legally passing ownership from Zach to Elena.. does that make any sense?!

I think all other other stuff would make sense if you assumed that you could be 'invited in' just by someone who was living in the house (covers Jenna, John, Jeremy, Elena, Tyler.. people renting places) but then it makes the whole signing over of the Salvatore boarding house to Elena a bit unnecessary..

Posted by Emily at April 14, 2011 03:21 PM

as a 2nd year law student in France I also was kinda bothered with all the paperwork in the show last week and I'm glad you exposed all the theories. I read you post until the end and it's very interesting!

Posted by maya at April 14, 2011 07:09 PM

Okay so I wasn't sure about answers to this but watching the show this week, I have a few ideas.

First on the apartment/dorm thing, Damon mentioned to Alaric in S1 that those are tricky and sometimes you can get in, sometimes you can't. I wonder if that's a case of a corporate owner or a private owner.

Second with foreclosures, I'm assuming that banks don't count. If the name on the deed is a non-human entity, the vampire could walk in. Which would explain why some apartments are open and some aren't. Like if Logan's apartments are owned by a person and not a bank, it makes sense why he couldn't get in.

But the whole deed thing-I have a theory. So technically, the Gilberts left their house to Jeremy & Elena, hence the ability to invite people in. Jenna was made their legal guardian, which I would assume means that until both kids are 18, Jenna is, in a roundabout way, an owner of the house. So she can invite people in. John, however is both executor of the estate (that is mentioned in S1 and John even tells Jenna that Elena & Jeremy can't sell off property without his permission) and Elena's dad. As long as Elena is a minor, wouldn't John then have temporary ownership of anything she owns? IE: the Gilbert house. Like Jenna, John, in a roundabout way, owns the house and therefore can invite people in.

I'm taking a guess that Mrs Lockwood inherited the house but that Tyler is listed on her will as inheriting the house next. Which would set the paperwork in order to make him an owner of the house. It seems that if someone is listed as a current, temporary or future owner on official documents, they have ownership authority immediately and can issue an invitation.

In S1, Zach says that Damon only allows Zach to live there, that its not his house. I've always been under the impression that the deed actually has Damon & Stefan's name on it and that they either compel authorities not to notice or everyone just assumes the next generation of Salvatores inherits the house. Who's going to go poking around at ownership documents?

To the 3rd PS: I think it does have to be a spoken invite. Trudie in S1 implied an invite but didn't say it out loud to see if Elena could enter so it seems a clear, audible invite is necessary.

Posted by Melissa at April 15, 2011 04:26 AM
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